Dreams on Demand® is the international Trademark of GMK.

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 © Copyright GMK.

Terms of use & privacy policy

 

Dreams on Demand® is the international brand that represents the GMK* company in the game and application sector, which are the subject matter of this Agreement.

 

Dreams on Demand®, hereinafter referred to as DoD, wishes to provide, through its games or applications, healthy entertainment for everybody, but you must agree to the terms and conditions of this Agreement.

 

Any contact referring to this game must be made through this website or through the e-mail address , always mentioning the name of the game and the reason for the contact.

 

1. TERMS AND CONDITIONS OF THE SERVICE:

 

Please, read this Software License Agreement ("License”) carefully before downloading any of our games or their updates. As a User, you will agree to being bound by the terms of this license.

 

If you do not agree to the terms of this license, do not proceed with the download.

 

2. LICENSE AGREEMENT:

 

2.1. This License Agreement defines, regulates and structures the entire relationship between the User and GMK* hereinafter referred to as Dreams on Demand or DoD, as regards the User’s License to use DoD’s social games and related services, including all the applications for mobile devices.

 

2.2. Subject to the terms of this Agreement, DoD grants the User a limited, non-transferable and non-exclusive license, revocable at any time and subject to the limitations provided for in this Agreement, and conditioned on strict compliance, by the User, with all the policies, standards, rules, clauses and content described herein or in the documents incorporated herein by reference.

 

2.3. Access to and use of the service, through this license, should be at the User’s expense, without commercial purposes for the User, and by using one or more mobile devices – tablets or smartphones – exclusively for entertainment purposes -, and with access to a web browser supported by DoD (such as Mozilla Firefox or Microsoft Internet Explorer). The User agrees not to use this service for any other purpose.

 

2.4. By using the service or registering an account, the User accepts and agrees to these conditions and authorizes the use and storage of his/her information pursuant to the terms set out in DoD's Privacy Policy.

 

2.5. We understand and respect the fact that certain people may not like or may not be interested in a certain game or category. In this case, we expressly recommend that the User does not download any game that does not appeal to him/her or which he/she does not find suitable for the people in his/her personal or social circles.

 

3. PRIVACY POLICY:

 

3.1. The use of the service is also governed by DoD’s Privacy Policy, duly expressed in this item 3, which includes important aspects related to the manner in which the data provided by the User is collected and used, and how the User may share this information with third parties.

 

3.2. By installing the game, the User accepts and agrees, without any restrictions whatsoever, to the collection, storage, use and disclosure of his/her personal and/or public information, including usage statistics on his/her interactions with the Service, pursuant to the terms set out in this Privacy Policy. Therefore, if the User does not agree to the terms of this Policy, he/she must not download and play our games.

 

3.3. If the User accesses our games from a third-party Social Network Site (“SNS”), he/she will likely be requested to read and agree to the SNS's Terms of Service and Privacy Policy.

 

3.4. Depending on the game or origin of the account, or even on the type of registration used by the User, the following information may be requested, always for the purpose of enabling the proper identification of the User every time he/she accesses his/her account: name; nickname; creation of a profile for the account; age or date of birth, gender; physical location of the User and the devices he/she uses to access the Service; email address; requirement to use a password; data on the games the User plays; and other information that may be deemed necessary. Such information may be classified under a DoD User identification number, which is created by DoD and used to identify the User’s profile.

 

3.5. The identification number used to identify the DoD User’s account and profile will be public and appear on his/her profile page, but will not enable access to the User’s profile information, except for that information that the User made public in his/her settings. We will regard as public information the name, nickname and profile photo on the DoD websites that grant direct access to DoD games and search engines that may list this publicly available information.

 

3.6. The passwords furnished to DoD to access your address list will not be stored.

 

3.7. The contacts on the User’s address list may be imported, transmitted, inserted or stored by DoD, always for the purpose of enabling the localization of the User’s contacts and allowing him/her to send invitations to play one or more of our games through our website or third-party SNS services.

 

3.8. By using the SNS service, the User’s friends will have access to the User’s name, profile photo and descriptions of his/her in-game activity. In many DoD games, friends and other players may view your game profile, which may include your name or "in-game name" and your profile photo, which, in certain cases, may reveal your SNS or DoD User Identification Number.

 

3.9. In certain games, any player connected to the SNS may find the profile of a player who is playing in the same “room” or “game table” through the SNS service. In this case, other people may view the DoD Identification or the SNS User Identification, which will allow other Users to view the public information associated to your SNS or DoD account. The other players may also be able to send requests during the game, either friendship requests or requests for virtual items, through the SNS communication channels.

 

3.10. When the User accesses/uses/plays a DoD game or application whose initial or current access is through an SNS, such as Facebook or Google+, or other SNS services, the User allows DoD to access certain information from his/her profile on the aforementioned website. The type of information the user grants access to varies according to the game and SNS, and may also vary according to the privacy settings the User and his/her friends use on SNS.

 

3.11. It is the sole responsibility of the User to control and become aware of the details concerning each SNS where the games are played and abide by their respective instructions, in order to manage the User information that DoD will receive and, if he/she wishes, change the privacy settings.

 

3.12. In the event the User uses a mobile device to play, such as smartphones and tablets, DoD will collect the mobile device identification, but may create a DoD identification for your mobile device and, depending on the game, DoD may also collect the name the User has associated to his/her device, the type of device, the telephone number, country, operation statistics and other information the User chooses to disclose, such as his/her User name, character name, geographical location and e-mail address. In addition, the User authorizes DoD to access his/her contacts to enable the sending of invitations and the User’s interaction with his/her friends.

 

3.13. When the User plays our games, DoD collects certain technical information on his/her mobile device, such as the mobile device’s identification. This information is usually collected through the software development kits for mobile devices to analyze certain kinds of technical information.

 

3.14. In the event the User purchases a license to use virtual items or currencies in the game, he/she must be registered with the respective online store, such as Apple (iOS devices), Google Play (Android devices), Amazon (Kindle devices), Microsoft (Windows Phone devices), BlackBerry and other stores that may sell DoD’s games/applications.

 

3.15. All information regarding bank and/or credit card data is the sole responsibility of the respective online store, since DoD does not collect or store this data. After the purchase has been made and processed by one of the stores or an SNS service, DoD may collect the User’s billing and payment information and file it for its specific control.

 

3.16. DoD does not actively share personal information with third-party advertisers, for direct marketing purposes, except in cases where the User gives his/her express consent.

 

3.17. DoD may share global information (information on itself and other Users on a collective basis, but which is not specifically identifiable to the User); anonymous information; or certain technical information (such as mobile device identification) to display and develop targeted advertising on the Service and on third-party websites. The advertisers, through the use of technology, may collect such information for the purpose of customizing the User's experience and offering targeted advertisements of the so-called behavioral advertising approach, and even conduct traffic analyses to improve the User's experience. Neither the collection, nor the use and disclosure, of anonymous or global information is subject to any of the restrictions included in this Privacy Policy.

 

3.18. DoD's aim while collecting, storing and using one or more of the pieces of User information listed below is to provide the User with a customized, easy, efficient, interactive and safe experience:

 

  • To enable invitations and interaction between DoD Users or SNS users connected to DoD;

  • To communicate and enable the download of updates to the games;

  • To monitor the application of the User License Agreement and this Privacy Policy, and provide any potential technical support for the User;

  • To attempt to avoid fraud or potentially illegal activities;

  • To notify the User, through the email address, of new products, advertisements of DoD itself or third-party partners, and request opinions to improve the quality of DoD products or services;

  • To provide any information on rankings or achievements in games;

 

3.19. DoD may record and store logs of these communications on DoD servers to protect the safety and well-being of its Users, as well as DoD’s rights and property related to the service. The User agrees and authorizes DoD to store these communications.

 

3.20. In the event the User does not want his/her geographical location to be used, he/she may visit the settings on his/her device for the respective application or the “settings" page of the respective game and change this option.

 

3.21. Should the User buy a license to use virtual items or currencies in the game, DoD may collect the billing and payment information the User made available when the purchase was processed by another party, such as Apple (iOS devices), Google Play (Android devices), Amazon (Kindle devices), Microsoft (Windows Phone devices), BlackBerry and other stores.

 

3.22. Advertisements and advertising messages may be normally inserted into or displayed in certain DoD games, and the latter generally feature paid tools that enable their removal. Through the advertisements, third-party advertisers may advertise other games or applications to the Users. Must be clear that after interacting with one of these advertisements, the User will leave DoD’s or the SNS’s game environment and enter an unknown environment which is not under DoD's control.

 

3.23. The content of all the User's online communications, such as chat texts, voice communications and the mobile device identification, as well as the User’s personal information may be accessed and monitored as deemed necessary for the provision of the Service and may be disclosed in the following situations:

 

  • When, in good faith, DoD deems itself obliged to disclose the information in response to a lawsuit (such as a court decision, search warrant or subpoena);To comply with any applicable laws or regulations;

  • When it understands that the Service is being used to commit a crime, which includes the reporting of this criminal activity or exchange of information with other companies and organizations for purposes of protection against fraud and credit risk mitigation;

  • When DoD deems, in good faith, that there is an urgent situation that poses a threat to the health and/or safety of the User, or of another person or the public in general;

  • To protect DoD’s interests or property, including compliance with the User License Agreement.

 

3.24. In the event DoD undergoes a transition in its activity, either as a result of its acquisition by another company, full or partial sale of its assets or merger, DoD may transfer all the User’s information, including personal information, to the organization that succeeds it in this transition.

 

3.25. Should DoD decide to make changes to this Privacy Policy, the Users will be notified through a notice posted on the DoD site or through notices displayed in our games. The User must visit this privacy page from time to time to check for any updates.

 

4. EFFECTIVENESS AND UPDATES TO THE TERMS OF THIS AGREEMENT AND DOD'S PRIVACY POLICY:

 

4.1. DoD reserves the right to amend, modify, add or withdraw parts of this Agreement and/or Privacy Policy, as well as to revise other policies, codes or rules, at any time and at its own discretion, simply by disclosing a new updated version, either by email, through a notice on the website or another means related to the service.

 

4.2. DoD may send push notices to the User’s mobile device, with the User’s consent, to provide updates to the game and other important messages. The User may configure the push notices from the “settings” page on his/her mobile device.

 

4.3. DoD may send local notices to the User’s mobile device to provide updates to the game and other important information. The User may manage the local notices from the “options” or “settings” page on his/her mobile device.

 

4.4. For the purposes of this Agreement, the use of the service after the acceptance of an update implies that the User agrees to all the amended conditions, which come into full force and effect immediately.

 

4.5. In the event the User no longer wishes to receive push notices, he/she may visit the “options” or “settings” page on his/her mobile device. The User may disable local notices by visiting the “options” or “settings” page of the respective game.

 

5. GLOSSARY:

 

VIRTUAL CURRENCIES, ITEMS OR ASSETS: the expressions “virtual currencies, items or assets” are already known by part of the general public and have been used by a wide range of social games. Despite this, we find it important to explain to anybody who has never used games that incorporate virtual items or assets that these items do not exist in the real world, even though they are given names of real life objects. Therefore, they exist only in the game, and the User must understand that, although he/she may “earn”, “purchase”, “acquire”, “exchange” or even “sell”, within the game’s environment, a currency, asset, item, points, token, i.e., any virtual object, or may even, at a certain time, have a “virtual currency” balance, these objects do not exist and have no value in the real world, and are only used in the game that features this virtual item.

 

INTELLECTUAL PROPERTY RIGHT: consists of all rights existing from time to time under patent, copyright, trade secret, trademark and unfair competition laws and all other proprietary rights, and any and all assets, applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

 

USER CONTENT: for the purposes of this Agreement, it means any and all communications, images, sounds, texts, chat conversations and information that the User provides, records or transmits through the site, game or any service related to DoD’s.

 

6. INFORMATION RELATED TO THE USER’S ACCOUNT, PERSONAL DATA AND PASSWORD:

 

6.1. The User is fully responsible for all the data, including personal data, password and content that he/she posts or transmits through the service. DoD shall not take any responsibility for the conduct of any User in relation to any data or content posted by him/her, and neither assumes any responsibility for monitoring the service for inappropriate or illegal content posting or conduct by the User.

 

6.2. The User is the sole responsible party for any event or circumstance related to his/her account, as well as for the maintenance of the confidentiality of his/her information, and will be responsible for all uses of the information, including purchases, regardless of whether they were made by accident or without his/her permission.

 

6.3. By accepting the service from an SNS or store, the User is obliged to comply with all the related terms of service/use, as well as with the conditions of this Agreement.

 

6.4. While registering or updating an account with the service, the User may be asked to provide his/her name, date of birth, email address, postal address and, in certain cases, payment data. This information will always be requested by SNS or the online store (Apple, Google, Amazon, Microsoft, Blackberry etc.) where the user has his/her personal account.

 

6.5. DoD does not request, receive, use or store any User information. However, the User understands and accepts that, in certain services, stores or websites, the User identification number, name and profile picture will be made publicly available, and that search engines may display his/her name and profile picture.

 

6.6. DoD will not be held responsible for any personal information the User makes available in the SNS or store through which he/she acquired or downloaded the service, nor for information that the User makes available or discloses to third parties, including his/her User Name and/or Password.

 

6.7. Only the SNS or online store will be responsible for the treatment, filing and handling of User information, and DoD and its officers, management, shareholders, employees and collaborators will be exempt from any liability in this regard.

 

6.8. In addition, during the account creation process, the User will be requested to choose a password, and this choice should comply with the following strict security standards:

   

 a. The User must not share his/her account or any other information related to it with third parties, nor allow third parties to access his/her account or jeopardize its security; and

 

 b. In the event the User becomes aware or suspicious of any security violation, or even loss, theft or unauthorized disclosure of any information from his/her account, we advise the User to change his/her account’s basic information as soon as possible.

 

6.9. DoD may decline, refuse to post or remove any content that it considers unsuitable for the game or application environment, at its discretion and without prior notice or explanations to the User. DoD also reserves the right to limit the storage capacity of the User Content posted through or in connection with the service.

 

6.10. DoD also reserves the right, at any time and for any reason, to recover or remove any User Names, including due to complaints made by third parties, in cases where the User is not acting in compliance with this Agreement and/or DoD’s Privacy Policy, or is violating third-party rights, at DoD's discretion.

 

7. ACCESS TO THE SERVICE:

 

7.1. By browsing through any DoD website or downloading a DoD game, the User expressly accepts and agrees to all the conditions of this Agreement and the Privacy Policy, without any restrictions whatsoever.

 

7.2. In the event the User is requested to register an account with the service or does so at his/her own free will, either by using an account which is already valid on the SNS service or through an account with the application supplier of his/her mobile device, it must be perfectly clear to the User that his/her player profile, lists of friends, status updates, contacts' information and all other information will be controlled by the respective SNS services he/she is using and, in these cases, these entities will hold exclusive responsibility for the aforementioned items.

 

8. CONDITIONS FOR USE OF THE SERVICE BY THE USER:

 

8.1. The games/applications developed by DoD cover different categories and are aimed at different audiences and age groups, but their purpose at all times is to provide healthy and safe entertainment for all our Users.

 

8.2. A single account will be allowed per platform or SNS, and the User commits not to create an account using a false identity or information, or on behalf of someone other than himself/herself. It is the User’s obligation to provide true, accurate and correct information at the time he/she registers with SNS and to maintain this information up to date.

 

8.3. The User is solely responsible for providing and defraying the costs of all equipment and software required to connect to the service, including a suitable and compatible mobile device that enables the use of the service, and, therefore, he/she is solely responsible for the payment of any services and fees, including the Internet connection or cell phone rates used by the User while accessing the service.

 

    8.3.1. DoD reserves the right to develop and publish games or applications aimed exclusively at state-of-the-art mobile devices and, therefore, takes no responsibility in the event the game or application cannot run or does not work well on an older or lower quality device.

 

8.4. The User may cancel any account registered by him/her at any time by following the instructions provided by the store from which game and/or application was purchased.

 

8.5. The User is solely responsible for any improper use of his/her credit card or any other payment method (e.g. Paypal, Facebook credits etc.) by any person, including unauthorized minors.

 

9. RESTRICTIONS ON USE OF THE SERVICE BY THE USER:

 

9.1. THE USER IS EXPRESSLY PROHIBITED from taking, under any circumstances, actions that represent a violation of the law or conflict with the aim of this User License, as well as from acting in a manner that may affect or disrupt the service, the rules, mechanics or policy of the DoD games, including the submission of false reports or the use of offensive language to address DoD’s technical assistance personnel or third parties.

 

9.2. THE USER IS EXPRESSLY PROHIBITED from using his/her account to engage in illegal activities or acts of violence; embezzlement, defend or incite crime, including crimes against honor; racism; disclosure and practice of pornography involving children and teenagers; cyberbullying; incitation or perpetration of any crimes or misdemeanors.

 

9.3. In no event is the User allowed to:

 

 a. Post any information that is offensive, threatening, obscene, defamatory, libelous, or which contains nudity or excessive violence, or is in any way objectionable or offensive from a racial, gender or religious viewpoint;

 

 b. Harass or attempt to harass, advocate or incite harassment, abuse, or harm of another person or group, including DoD’s employees and customer service representatives;

 

 c. Create an account or use the service after being removed or banned by DoD or one of its partners;

 

 d. Use his/her account for commercial purposes, i.e., to advertise, sell, or produce any type of advertisement, including chain messages, junk mail and spam messages addressed to any person;

 

 e. Sublicense, lease, sell, loan, trade or donate, in any way, even free of charge, his/her account or any virtual items associated to it to any person;

 

 f. Use an account or virtual items which have been sublicensed, leased, sold, loaned, traded or donated by the person who originally created the account without previous written authorization from DoD;

  

 g. Interfere or attempt to interfere with the proper working of the service, or use any kind of automation software, bots, hacks, mods, or device to submit content or messages; scrape, spider or crawl; or any software or fraudulent mechanism that reads ram memory zones or network traffic flows used by the service to store information on the characters, elements or environment of the DoD game, or that may impose an unreasonable or disproportionately large load on DoD’s or its partners’ infrastructure, which were designed to modify or impair the service of any DoD game;

 

 h. Alter, modify, intercept, examine or observe files, or any confidential communications protocol, which are an integral part of a DoD game or service, in any manner, or even use, facilitate, establish or maintain any unauthorized connection to the service, or any connection that uses programs, tools or software not expressly approved by DoD;

 

 i. Attempt to gain unauthorized access to the service, other persons’ registered accounts, or other computers, servers or networks connected to the service; attempt to interrupt or overload the servers used to provide or support DoD’s service or game environment, as well as to participate or get involved in any type of attack or dissemination of a virus, or other attempts to disrupt the service, by any means of technology, device or software;

 

 j. Upload or transmit any material that acts as a passive or active information collection mechanism, as well as request, collect, extract or post any type of personal information, identifiable or not, of other Users of the service, either in the form of texts or images, including identification documents or financial information;

 

 k. Perform or contribute to de-compilation, reverse engineering, modification of features, expansion, change, merge or incorporation into any other programs or systems; in short, any and all kinds of full or partial reproduction of the game or its system;

 

 l. Make available any material or information that violates copyrights, trademarks or patents, privacy rights, or other rights of any person or entity, or impersonation of any other person.

 

10. LICENSE LIMITATIONS, FRAUD, PIRACY AND MISUSE:

 

10.1. The user license must strictly comply with the conditions established herein and in the other documents and standards incorporated herein by reference. Any use by the User that violates or infringes on these conditions is expressly prohibited and may lead to immediate revocation or limitation of the license granted to the User, without prior notice, and the User may be subject to liability for violation of the law.

 

10.2. In the event the User makes any attempt to interrupt or interfere with DoD’s service, a DoD game, or even attempts to tamper with the original working of any DoD game, he/she will be breaching this Agreement and, consequently, will be subject to the applicable civil or criminal penalties.

 

11. SUSPENSION AND TERMINATION OF THE ACCOUNT AND SERVICE:

 

11.1. In the event DoD proves or even suspects that the User is making an illegal or improper use of the service, games or applications, pursuant to this Agreement or the law, DoD may immediately and unilaterally terminate this Contract, with or without prior notice to the User, and without prejudice to any other remedies.

 

11.2. In the event of account termination or limitation, DoD may, at its sole discretion, limit, suspend, terminate, modify, eliminate or cancel the User’s account, as well as any benefits, privileges, earned items or even items already acquired and paid for in connection with the User’s use of the service, and DoD will be under no obligation to compensate the User for any such losses or results.

 

11.3. Without limiting any other measures, in the event the aforementioned events take place, DoD may limit, suspend or terminate the service and the User’s account, as well as prohibit the User from accessing its games, sites and related content, and take the suitable technical and/or commercial measures to prevent the User from accessing the service, whenever DoD deems appropriate or necessary, at its own discretion.

 

11.4. Termination of the User’s Account can include disabling access to the Service or any part thereof, including to delete any content submitted by the User or others.

 

12. VIRTUAL CURRENCIES, ITEMS OR “ASSETS”:

 

12.1. The User is fully aware that game items such as “virtual coins, goods or assets” are not equivalent to any amount or credit in any currency in the real world; therefore, under no circumstances, are they or will they be assets of the User.

 

12.2. At the same time, when the User purchases a virtual item on any game, he/she will be paying for a limited and temporary license to use this virtual item, which becomes available upon receipt of the payment made by the User either directly or by using a third-party currency, such as Facebook credits.

 

12.3. The User agrees and accepts to pay all applicable, national or international, fees and taxes incurred by him/her or anyone who has used his/her account, whether or not authorized by him/her.

 

12.4. At any time, DoD may change the prices of virtual items, assets and currencies and of the services it licenses to the User, as well as the correlation between them.

 

12.5. The User understands and acknowledges that he/she will not receive any cash or other type of compensation for non-use of virtual items upon termination of an account, whether voluntarily or not, and recognizes that DoD is under no obligation to provide a reimbursement, for any reason, for the amounts disbursed by the User throughout the period he/she used the service, unless it can be proved that such termination was the exclusive fault of DoD.

 

12.6. Purchases or payments in real money or virtual currency made directly to DoD or through third-party partners, for the purpose of acquiring a license or using virtual items, are not reimbursable.

 

12.7. DoD prohibits the carrying out of any type of transfer, exchange, trading or transaction involving virtual items outside the service or in the “real world”, as well as in exchange for money from the real world. The User who attempts to perform these activities will have his/her Agreement terminated and will be subject to the applicable legal penalties.

 

12.8. To include such assets on its games, DoD owns, has licensed, or otherwise has the Legal rights to use all the content that appears in the game, and it must be clearly understood and accepted by the User that he/she has no rights or ownership to any content in the games or services connected to them, including virtual assets and currencies of any kind appearing or originating in any DoD game, regardless of whether they were “earned” directly in a game or “purchased” from DoD or through one of its partners.

 

13. INTELLECTUAL PROPERTY AND CONTENT:

 

13.1.The content of all the games/applications, including, but not limited to, the text, software, scripts, images, photographs, sounds, songs, characters, illustrations, animations, stories, effects, videos, interactive features and the like (collectively “content”) and the trademarks, service marks and logos featured therein (“marks”), as well as the documentation, character profile information, recordings of games played and the software of the server and DoD game clients, constitute the entire work owned by or licensed to DoD, and are subject to copyright laws and other intellectual property laws.

 

13.2. The User acknowledges and agrees that DoD is the owner of or holds all the rights, titles and interests in the intellectual and content games, including without limitation all the associated intellectual property rights. Under no circumstances will these assets and rights be transferred to the User, either as a result of the acquisition of the user license or use of the service.

 

13.3. The software content is provided on an “as is” basis only for your information and personal use, and cannot be downloaded, copied, reproduced, distributed, transmitted, displayed, shown, sold, licensed or exploited in any other manner for any purpose, without DoD’s previous written consent.

 

13.4. The User hereby undertakes not to make any improper use, copy or distribution of any part of the content, as well as not to remove, obscure or alter DoD’s or any third party’s copyright and trademark notices or other proprietary right notices attached to or contained in the applications, or jointly accessed with the software or its use.

 

14. USER CONTENT:

 

14.1. The User is not allowed to choose a name (“User Name” or “Nickname”) that is already in use, may be illegal, is protected by copyrights, is obscene or considered unsuitable by DoD, or violates laws of the Federative Republic of Brazil or third-party rights.

 

14.2. By transmitting or submitting any “User content” while using the service, the User affirms, represents and warrants that such transmission or submission is accurate, public, non-confidential, of his/her own authorship, does not violate any applicable legislation or third-party rights, does not contain any contractual restrictions and is free of any viruses, adware, spyware, worms or other malicious codes.

 

14.3. The User also warrants that he/she has permission from any third party whose personal information or intellectual property is included in the User Content.

 

14.4. The User acknowledges and agrees that any of his/her personal information within such content will at all times be processed by DoD in accordance with its Privacy Policy.

 

14.5 DoD is under no obligation to monitor the User content. Should DoD opt, at any time, to monitor the service, DoD has the right to, at its discretion, edit, refuse to post, or remove any User content it wishes to. By accepting the terms of this Agreement, the User hereby provides his/her irrevocable consent to this monitoring, editing and recording.

 

15. WAIVER OF INTELLECTUAL AND MORAL RIGHTS:

 

15.1. By means of this Agreement, the User waives any intellectual and moral rights he/she may have in any “User Content” and also grants to DoD and its commercial partners involved in the environment of the game at issue, a perpetual, unlimited and irrevocable worldwide license, granting full rights to DoD and without any kind of burden on DoD or its partners, including the right to sublicense and assign to third parties, and the right to copy, reproduce, repair, adapt, modify, improve, translate, reformat, trade, post, distribute, sell, lease, license, sublicense, transmit or provide access to electronically and incorporate into any current or future technology, the total User Content, as well as all modified and derivative works thereof in connection with DoD’s provision of the service, including marketing and promotions thereof.

 

15.2. This license the User grants to DoD for use of the content posted by him/her ends when the User deletes his/her User Content or deactivates his/her account, except when the content has been shared with others, and they have not deleted it. In relation to this matter, the User understands and accepts that removed content may persist in back-up copies for a reasonable period of time until it is safely removed. The removal to be performed by DoD refers exclusively to its database, and does not apply to any other virtual means where the content has been disclosed by the User and/or third parties.

 

16. UNSOLICITED IDEAS OR INFORMATION:

 

16.1. DoD is not liable, under any circumstances, for incorrect use or misuse of any content or information, posted by the User, on any of the game’s communication platforms, whether forums, blogs or chats.

 

16.2. DoD cannot warrant that the information or ideas transmitted or disclosed on any of the communication platforms inherent to the game will not be used by other members. Therefore, in the event the User wishes to maintain an idea or piece of information confidential and/or does not wish to share it with others, he/she should not post it on the service.

 

16.3. It must be clear that DoD does not have and will not have any responsibility for assessing, using or compensating the User for any ideas he/she chooses to submit or post. At the same time, in the event the User chooses to submit suggestions, proposals, comments or other materials through the service, he/she understands and agrees that DoD is under no obligation to maintain the confidentiality of this submission, nor is it under the obligation to return or respond to these submissions in any way, and may also, at its discretion, use such information or ideas for any purpose, in any way, including eventual commercial purposes, without prior notice and any type of compensation for the User.

 

17. POSSIBLE LITIGATION BETWEEN MEMBERS:

 

17.1. In the event there is any litigation or dispute between or among two or more Users, DoD reserves the right to participate or intervene, but hereby makes it clear that it is under no obligation to do so, since each User is solely responsible for his/her interactions with the other Users of the service.

 

17.2. If the User has any kind of litigation with one or more Users, he/she, as from now, exempts DoD, as well as its officers, shareholders, management, employees and collaborators from any claims for indemnification, demands and damages of any kind and nature, or even directly or indirectly associated with such litigation, including damages for loss of profits, loss of goodwill, loss of use or loss of data.

 

18. THIRD-PARTY PUBLICITY OR ADVERTISEMENTS IN THE GAME ENVIRONMENT OR PLATFORMS:

 

18.1. The User understands and accepts that the DoD games or the environment and platforms that include them may feature advertisements of DoD itself or third parties, and that DoD may add a fee to be paid by the User to eliminate such advertisements from one or more games.

 

18.2. The disclosure by DoD of information for third-party advertisement purposes is addressed in item 3. DoD’s Privacy Policy.

 

19. LINKS TO THIRD-PARTY WEBSITES AND COMMERCIAL RELATIONSHIPS WITH ADVERTISERS:

 

19.1. With a view to facilitating or expediting the User’s access to one or more of the DoD games or services, as well as to advertising, disclosing and expanding the installed User base and providing a better and more interactive game experience, DoD may enter into commercial partnerships or make the service available through free or sponsored links to third-party websites or platforms, at its discretion.

 

19.2. However, both the access and any other charges or obligations the User incurs in the commercial relationship with these third parties are the sole responsibility of the User. At the same time, DoD releases itself from any liability in relation to any content, asset and/or service supplied by third parties, even when the latter are associated with the service, and neither can be held responsible for any type of claim for indemnification regarding any third-party content, asset and/or service.

 

19.3. It is important to point out that the websites connected through links are not under DoD’s control and may collect data or request personal information from the User. Therefore, DoD is not responsible for their content, commercial practices, prices, conditions or privacy policies, nor for the collection, use or disclosure of any information that these websites may carry out. In addition, the inclusion of any link does not imply any type of endorsement by DoD of these websites or their commercial practices.

 

20. UPDATES TO THE SERVICE:

 

The User understands that the service is in constant development, and DoD may request the User to accept updates to the games he/she installs. The User acknowledges and accepts that DoD may update the service with or without prior notice to the User, as well as that he/she may need to update third-party software to be able to play DoD games or use DoD applications.

 

21. RELEASE OF LIABILITY:

 

21.1. The User expressly accepts that the use of the service is at his/her own account and risk, and that the service is provided “as is”, without warranties of any kind, either express or implied.

 

21.2. Without limiting the previous item, neither DoD nor its shareholders, management, employees, collaborators, agents, attorneys-in-fact, third-party content suppliers, distributors, license holders or licensees (collectively “DoD parties”) warrant that the service will be provided without interruption or errors.

 

21.3. Considering that games and applications of virtual products do not have any physical element, the period for the client to return a product purchased provided for in the Consumer Defense Code does not apply to this service.

 

21.4. Any requests for reimbursement, including due to cancellation of the purchase of the game or application, shall be addressed exclusively to the online store or SNS used by the User, always in compliance with the terms and rules, as well as the Reimbursement Policy, of the aforementioned establishments.

 

22. Limitations and DISCLAIMERS of Liability:

 

22.1. Under no circumstances will DoD be held liable for the improper use of its games/applications and potential consequences thereof. Such limitation of liability shall apply to prevent the recovery of direct, indirect, incidental, consequential, special, exemplary and punitive damages, regardless of whether the claim is based on a warranty, agreement, misdemeanor (including negligence) etc.

 

22.2. The User acknowledges and accepts that the exemptions of liability set out herein apply to any and all damages or injuries caused by or related to the use or inability to use the service (games or applications) which are the subject matter of any action or proceeding, filed in any jurisdiction, including, but not limited to, lawsuits for breach of warranty, breach of contract, extra-contractual civil liability (including negligence), and that DoD will not be liable for any direct, indirect, derivative, special, exemplary or accessory damages, neither for any loss of profits, goodwill or data, arising in any way out of the use or inability to use the service.

 

22.3. The User also specifically acknowledges that DoD cannot be held liable and that he/she will not make any attempts to cause DoD to be declared liable for third-party conduct, including other Users of the service and external website operators, and that the risk posed by the service and the external websites, as well as the risk of injuries arising thereof, are the sole responsibility of the User.

 

23. INDEMNIFICATION:

 

23.1. The User agrees to indemnify and hold DoD, its shareholders, management, executives, officers, employees, collaborators and representatives harmless from any lawsuits, damages, obligations, losses, costs or debts (including, without limitation, attorneys’ fees) arising out of:

 

a. Improper use of the application;

 

b. Failure to comply with any clause of these terms and conditions;

 

c. Violation of any third-party rights, including, but not limited to, copyrights, property or privacy rights;

 

d. Any claim that a certain content used by the User caused damage to the latter or to third parties.

 

23.2. This defense and indemnification obligation will survive these terms and conditions and the use of the applications by the User.

 

23.3. DoD also reserves the right to assume the defense and control of any lawsuit for which the User is required to indemnify DoD, with the respective costs defrayed by the User. In addition, the User agrees to cooperate with DoD’s defense of these claims for indemnification and accepts that this obligation will survive the termination of his/her account or service.

 

23.4. DoD will use reasonable efforts to notify the User of this claim for indemnification, action or proceeding upon becoming aware of it.

 

24. RESOLUTION OF POTENTIAL LITIGATION BETWEEN AN USER AND DOD:

 

24.1. It is a commitment of DoD to act in a transparent way at all times and for the sole purpose of providing healthy and enjoyable entertainment for the User who chooses to download one of its games or applications and disburse funds to purchase one of its virtual items.

 

24.2. If for any reason outside Dod’s will or control, except for the conditions set out in this Agreement, the User understands that he/she has any motivation to start any kind of litigation, we request that the User contact DoD first, directly and by email, to obtain the necessary explanations or support, with a view to achieving a possible rapid solution through customer service. In the event such attempt is not successful, the User shall proceed with the search for an amicable solution and send a correspondence, with the signature of a protocol of delivery, describing the incident and his/her intent and proposing solutions that he/she deems suitable. Once notified, DoD will have a maximum period of thirty (30) business days from receipt of the correspondence to reply to it. In the event no response is provided, the User may choose to resort to the judicial system.

 

24.3. The User’s decision to resort to the judicial system without previously communicating DoD and attempting to reach an amicable solution will result in the User’s being responsible for defraying all the costs and expenditures arising out of the judicial procedure.

 

25. INTERRUPTION, CANCELLATION OR DEACTIVATION OF THE SERVICE:

 

DoD reserves the right to stop offering and/or providing assistance for the service, or for a certain game, or part of the service, at any time, on a permanent or temporary basis, at which time the user license, or a portion thereof, will be automatically terminated or suspended. In this case, DoD will be under no obligation to reimburse, grant benefits or another kind of compensation to the Users in relation to these suspended elements of the service.

 

15.2. This license the User grants to DoD for use of the content posted by him/her ends when the User deletes his/her User Content or deactivates his/her account, except when the content has been shared with others, and they have not deleted it. In relation to this matter, the User understands and accepts that removed content may persist in back-up copies for a reasonable period of time until it is safely removed. The removal to be performed by DoD refers exclusively to its database, and does not apply to any other virtual means where the content has been disclosed by the User and/or third parties.

 

26. GENERAL PROVISIONS:

 

26.1. LANGUAGE OF THE TERMS OF SERVICE: Should DoD provide the User with a translation of the Portuguese version of this Agreement, the Privacy Policy, or any other DoD policies, the User must understand and agree that the translation is provided for informational purposes only and does not modify the Brazilian Portuguese version of DoD's policies. In the event of a conflict between the original version in Brazilian Portuguese and a translation into any other language, the former will prevail.

 

26.2. ASSIGNMENT: DoD may assign, transfer or delegate this Agreement and/or its clauses, as well as DoD’s Privacy Policy, in whole or in part, to any person or entity, at any time, without the User’s consent. On the other hand, the User is not allowed to assign or delegate any rights or obligations arising out of this Agreement or the Privacy Policy, without DoD’s prior written consent, and any unauthorized assignment by the User is void and ineffective.

 

26.3. ADDITIONAL POLICIES: DoD may issue additional policies addressing specific services, such as applications for mobile devices, forums, competitions and customer loyalty programs. The User’s right to use these services is subject to these specific policies and to this Agreement. These terms of service and any additional policies, as well as the documents incorporated by reference herein, including DoD’s Privacy Policy, constitute the entire agreement between the User and DoD and supersede any previous agreements between the parties concerning the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between the User and DoD, with respect to the service.

 

26.4. NON-WAIVER: The express waiver by DoD of any provision, condition, or requirement of these terms of service or DoD’s Privacy Policy does not constitute a waiver of any future obligation to comply with such provision, condition or requirement. In addition, any failure by DoD to enforce strict compliance by the User with any provision of the terms of service or DoD’s Privacy Policy, as well as DoD’s failure to exercise any right pursuant to the aforementioned documents, shall not be construed as a waiver or relinquishment of DoD’s right to assert or rely upon any such provision or assured right in that or any other instance.

 

26.5. NOTICES: DoD may notify the User by posting messages at DoD site or through email messages or any other means of communication, using the contact information the User supplied to DoD. Any notices from the User to DoD not in compliance with the provisions set out in this section on notices shall have no legal effect.

 

26.6. RIGHT OF REDRESS: The User irrevocably and irreversibly waives all rights to seek injunctive relief or other judicial measures, or to enjoin or restrain the operation of the service or any DoD game, exploit any advertisement, the service, or any content or other material used or displayed through the service, and agrees to limit all lawsuits to claims for monetary damages, in compliance with the conditions previously set out in this Agreement.

 

26.7. FORCE MAJEURE: DoD cannot be held liable for any delay or failure to comply this Agreement arising from causes beyond DoD’s control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortage of means of transportation, fuel, electricity, manpower or materials.

 

26.8. In the event any provision of this License Agreement is held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby. In this event, the provision held to be invalid, illegal, or unenforceable shall be replaced by another provision that allows the parties hereto to achieve the same intended economic and legal result.

 

27. GOVERNING LAW AND JURISDICTION:

 

This License Agreement is governed by Brazilian law, and the parties hereby elect the Main Court of the City of Campinas in the State of Sao Paulo, Brazil, to the exclusion of any others however privileged they may be, to settle any disputes arising from this Agreement.

 

GMK Negócios e Participações Ltda., enrolled with the National Register of Legal Entities (CNPJ/MF) under No. 59.015.172/0001-81, a 100% Brazilian company headquartered at Av. Dea E. Carvalho, 770 - C32/sl01 – CEP 13101-664 – Campinas, SP - Brazil.Campinas, SP - Brazil,  February 12, 2019.