TERMS OF USE

These terms of use and our Privacy Policy which is incorporated herein by reference (collectively, “Terms of Use”) govern the relationship between you and NORTH BRIDGE STUDIO PTY LTD. and your use of our mobile game known as “Doom & Dawn”, including its chat and communications features, our blog, and all other content and related services (including online services) that NORTH BRIDGE STUDIO makes available through Doom & Dawn or on NORTH BRIDGE STUDIO’s websites.

1. Your Acceptance of these Terms of Use.

These Terms of Use form a legal agreement between you and NORTH BRIDGE STUDIO PTY LTD, its subsidiaries and affiliates (collectively, “NORTH BRIDGE STUDIO” or “we” or “us”). When you use the Game, you agree to be bound by all of the terms, conditions and restrictions in these Terms of Use. Please read them carefully.

You acknowledge that you have downloaded the Game for free, and while there is additional content available for purchase within the Game (“In-App Purchases”), such In-App Purchases are entirely voluntary and not required to participate in or advance within the Game.

2. Limited License, Login Information and Your Account and Eligibility.

Limited License Grant

Subject to your agreement and continuing compliance with these Terms of Use and NORTH BRIDGE STUDIO’s policies, NORTH BRIDGE STUDIO grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Game for your own non-commercial entertainment purposes. You agree not to use the Game for any other purpose.

Login Information and Your Account

Within the Game, you may create an account with us by providing a username and/or email address and a password (“Login Information”). We may also allow you to create a Game account through third party social networks or services (such as Facebook) with whom you maintain an account (a “Third Party Service”).

You shall not share your account or your Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your account. You are solely responsible for maintaining the confidentiality of your Login Information, and you will be solely responsible for all uses of your Login Information, including any purchases, loss of In-App Purchases or other in-Game items, or other changes to your account and/or Game status, whether or not authorized by you. NORTH BRIDGE STUDIO will not be responsible for anything that happens through or to your account and/or Game status as a result of you allowing any third party to access your Login Information and/or account.

NORTH BRIDGE STUDIO reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.

3. Modification of Terms of Use

We reserve the right to modify these Terms of Use from time to time by posting updated versions in the Game or otherwise notifying you of changes through the Game. Unless we state otherwise, changes are effective when we post or notify you of them. By continuing to use the Game after the posting of changes to these Terms of Use, you agree to the changes and the updated Terms of Use.

4. No Transfer of Accounts or In-Game Items

Your account is for your personal use only. You specifically agree not to: (1) share your account credentials with anyone else, (2) sell, offer to sell, rent, lease, trade or otherwise transfer your account, (3) sell, offer to sell, rent, lease, trade or otherwise transfer any “Diamond” or other virtual currencies, game resources, in-game services like “speed-ups,” or other in-game items associated with your account (collectively, “In-Game Items”), except by using mechanisms within the Game (e.g., through Gift Mode) that anticipate and specifically allow for the non-commercial transfer of In-Game Items, (4) buy, offer to buy, accept, access or use any other user’s account or In-Game Items, except by using mechanisms within the Game that anticipate and specifically allow for the non-commercial transfer of In-Game Items, and (5) link to or otherwise endorse or identify any websites, organizations, or persons that sell, offer to sell, rent, lease, buy, offer to buy, accept, access, trade or otherwise transfer accounts or In-Game Items.

You acknowledge that any purported transfers of Game accounts or In-Game Items in violation of this Section, including but not limited to transfers in exchange for money or other compensation, are void and breach these Terms of Use, and that we have no responsibility to assist you in connection with completing any such transaction. We may terminate or suspend your account and/or your right to access or use the Game if we discover or reasonably believe that you have attempted to buy, sell, rent, lease, license, or transfer your Game account or associated In-Game Items, or used or accessed an account or In-Game Items transferred by another user, or linked to or otherwise endorsed or identified any websites, organizations, or persons that attempt to buy, sell, rent, lease, license, or transfer accounts or In-Game Items in violation of this Section.

5. Intellectual Property Rights in the Game.

Except for the limited license granted herein, we and our licensors retain all right, title and interest in and to the Game, including all content made available through the Game and the technology and software used to provide the Game. The Game is protected by copyright, trademark and other laws. If you violate these Terms of Use, you may be breaking the law, including by violating our intellectual property rights. We and our licensors may actively protect our intellectual property rights in the event you violate these Terms of Use. In addition, you agree not to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

If you provide us with any suggestions for enhancement or feedback regarding the Game or any of our other products or services, you agree that we will have a perpetual, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use such suggestions and feedback, including by incorporating your suggestions or feedback in the Game, without any obligation to compensate you.

6. Code of Conduct

You agree to comply with the following requirements (our “Code of Conduct”) when you use the Game:

  • You will comply with your obligations to third party mobile platform providers, such as Apple and Google, from whom you download the Game, including any terms regarding payment for In-App Purchases made through such platforms.
  • You will not attempt to obtain login information or access another player’s account, collect or harvest personal information from other users.
  • You will not exploit, distribute or publicly inform other users of any game error, miscue or bug which provides for an unintended advantage or allows impersonation of another person, including by use of automated collection mechanisms such as clear graphics interchange formats (“gifs”), cookies, or similar technology.
  • You will not exploit differences in pricing for In-App Purchases or In-Game Items (e.g., through arbitrage) by sending altered, deceptive, or false source-identifying information, including but not limited to, by use of a proxy or spoofed IP addresses or VPNs, or by requesting that someone else make In-App Purchases or purchase In-Game Items on your behalf in order to take advantage of a difference in pricing.
  • You will not harass, threaten or bully any other player, nor post or submit any abusive, threatening, bullying, harassing, obscene, defamatory, offensive, pornographic or illegal content, or content that infringes or violates the rights of someone else, or impersonate any other person.
  • You will not use the Game for any unauthorized commercial purpose, including but not limited to commercial advertisement or solicitation (such as chain letters, junk e-mail, “spam,” or other repetitive messages), or gathering or transferring In-Game Items for sale.
  • You will not use the Game for performing in-game services for payment, such as leveling up or item collection services.
  • You will not use or design cheats, exploits, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with the Game experience.
  • You will not remove or obscure any proprietary notices within the Game.
  • You will not disrupt or attempt to disrupt the Game or any other person’s use or enjoyment of the Game.
  • You will not attempt to gain unauthorized access to the Game, to accounts registered to others, or to networks from which portions of the Game are provided, including by circumventing or bypassing robot exclusion headers or security mechanisms for the Game.
  • You will not use any service or software that accesses, intercepts, “mines,” or otherwise collects information from the Game or that is in transit from or to the Game.
  • You will not make any automated use of the Game, or take any action that imposes an unreasonable burden on our infrastructure.
  • You will not use any software, technology, or device to send content or messages, scrape, spider, or crawl the Game, or harvest or manipulate data from the Game.
  • You will not improperly use our support services, including by submitting false reports.
  • Except where permitted by law or relevant open source licenses, you will not modify, reverse engineer, decompile, disassemble, decipher or otherwise try to derive the source code for the Game.
  • You will not copy, modify or distribute content from the Game except as specifically authorized by us.
  • You will not advocate, promote, encourage, or otherwise facilitate any illegal behavior, including but not limited to the use of illegal drugs, unlawful gambling or theft.Failure to comply with this Code of Conduct may result in the suspension of your account, or any portion of your account, and/or subject you to any of the penalties identified in Section 11 herein.

7. Your Interactions with Other Users

You are solely responsible for your interactions with other players with whom you interact through the Game. NORTH BRIDGE STUDIO reserves the right, but has no obligation, to become involved in any way with any disputes concerning the Game. You will fully cooperate with us to investigate any suspected unlawful, fraudulent or improper activity, including without limitation granting NORTH BRIDGE STUDIO access to any portion of your account.

If you have a dispute with one or more users, or any other interaction you believe may give rise to any claim, you release NORTH BRIDGE STUDIO (and our heroes, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

8. User Content

The Game includes features by which users can submit or upload content to the Game, including without limitation chat and messaging utilities and the ability to select profile names and names for certain In-Game Items (collectively, “User Content”). If you create a Game account via a Third Party Service or otherwise “link” content associated with your Third Party Service account to your account for the Game, your User Content includes any information or content provided to us by that Third Party Service. You represent that you have all rights and permissions necessary to submit User Content to us (including, with respect to photographs, written consent from each identifiable person therein), that your User Content is accurate, and that your User Content is not subject to any confidentiality obligations or in violation of the Code of Conduct. In addition, you represent and warrant that any User Content submitted by you does not violate or infringe upon any copyright, right of privacy, trademark, patent, trade-name, performing right or any literary, dramatic, musical, athletic, personal, private, civil, contract, or property right or any other right of any person, firm, or corporation, or contain any libelous or slanderous material.

You retain all right, title and interest to your User Content, except that you grant us a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use your User Content and any modifications thereto in connection with the Game without compensation to you. To the extent permitted by applicable law, you waive any moral rights you may have in your User Content (such as the right to be identified as the author).

We do not endorse any User Content supplied by other users; each user is responsible for his or her User Content, and we expressly disclaim any warranty with respect to User Content. We have no obligation to monitor User Content, and we are not responsible for monitoring the Game for inappropriate or illegal communications by other users. However, we reserve the right to block, remove or edit User Content. We may, in our discretion, choose to monitor or record your interaction with the Game or with other users when you are using the Game. You acknowledge and agree that you have no expectation of privacy in any User Content.

9. Information Collection and Use; Privacy Policy

In addition to User Content, NORTH BRIDGE STUDIO collects (i) information, content or other material that you provide to us or is otherwise transmitted in or through the Game or which is generated, acquired or developed when you download, install, and/or use the Game or anytime you are in contact with us and (ii) information you receive or which is transmitted to or otherwise made available to you from other users of the Game or third parties in the Game (collectively, “Service Information”). We use the Service Information in many ways, including but not limited to, to help us provide and support the Game and our services. For example, we may use the Service Information to deliver and target advertising and generate information about the reach and effectiveness of advertising through various measurements and analytics (without providing personally identifiable information about you).

The “Information Collection and Use” Section of our Privacy Policy sets out detailed information regarding our collection, use and sharing of information from and about you. When you download or use the Game, you acknowledge and accept that the Privacy Policy applies to you. You should carefully review the Privacy Policy and, if you do not agree with it, you should not use the Game.

10. In-Game Items; Payments; Ownership

The Game allows you to “earn” In-Game Items. You may also use real money to purchase a license to use certain In-Game Items. Purchased In-Game Items are subject to the payment terms and conditions of the mobile platform (e.g., Apple’s iOS, Google’s Android OS) from which you make your purchase. NORTH BRIDGE STUDIO does not control or manage the payment process; please review the relevant terms and conditions with the applicable platform provider before making any In-App Purchases. When you purchase a license to use In-Game Items, you agree that we may begin to supply you with your purchased In-Game Items immediately.

You agree that you have no ownership interest in your Game account or any In-Game Items associated with your account, regardless of whether you “earned” or “purchased” such In-Game Items. You agree that In-Game Items, including “Diamond,” “Gold,” and any other virtual currencies within the Game are for personal non-commercial entertainment purposes, have no independent value outside of the Game, may not be redeemed for any cash value, and is simply a measurement of your limited license.

ALL SALES ARE FINAL. YOU ACKNOWLEDGE THAT NEITHER WE NOR ANY MOBILE PLATFORM PROVIDER IS REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED IN-GAME ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY. IN THE EVENT THAT YOU DO NOT RECEIVE AN IN-GAME ITEM THAT YOU PROPERLY PURCHASED THROUGH A PLATFORM PROVIDER, YOU MAY REQUEST A REFUND DIRECTLY FROM THAT PLATFORM PROVIDER SUBJECT TO THEIR REFUND POLICY.

11. Termination and Suspension

You may terminate your account at any time, for any reason or no reason, by issuing an in-game message or by sending an email to dev@thenorthbridgestudio.com with the subject entitled “Termination.”

We reserve the right to suspend or discontinue the Game or any part of it at any time, including any features, game elements and In-Game Items and revoke any and all licenses provided to you under these Terms of Use. If that happens, we are not required to provide refunds, benefits or other compensation to you for discontinued elements of the Game or for any In-Game Items previously earned or purchased, and you will have no further right to access your account or use the Game. WE MAY, IN OUR SOLE DISCRETION, LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE GAME OR ANY PORTION OF IT, AND PROHIBIT ACCESS TO THE GAME AND THE CONTENT, SERVICES AND TOOLS AVAILABLE THROUGH THE GAME, OR DELAY OR REMOVE USER CONTENT, AND WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR RESULTS.

Upon termination of your account for any reason, you agree to no longer access (or attempt to access) the Game.

12. Disclaimer; Limitation of Liability

THE GAME IS PROVIDED “AS IS,” AND USE OF THE GAME IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE GAME OR ANY CONTENT OR SERVICES MADE AVAILABLE THROUGH THE GAME, AND WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AVAILABILITY. NORTH BRIDGE STUDIO DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE GAME AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR OUR SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

REFERENCE TO, OR DEPICTION OF, ANY WEAPON, GEAR OR OTHER ITEMS IN THIS GAME DOES NOT INDICATE AFFILIATION, SPONSORSHIP, OR ENDORSEMENT BY ANY MANUFACTURER. ALL TRADEMARKS RELATING TO ANY WEAPONS, GEAR OR OTHER ITEMS IN THIS GAME ARE THE EXCLUSIVE PROPERTY OF THEIR RESPECTIVE OWNERS.

YOU ACKNOWLEDGE THAT WE WILL NOT BE LIABLE TO YOU FOR: (1) ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (2) AN AMOUNT IN EXCESS OF $100 OR THE AMOUNTS YOU HAVE PAID US FOR THE GAME DURING THE 6 MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO LIABILITY, WHICHEVER IS GREATER; OR (3) THE CONDUCT OF THIRD PARTIES, INCLUDING THIRD PARTY SITES OR MOBILE PLATFORM PROVIDERS OR OTHER PLAYERS OF THE GAME. Certain state and national laws do not allow some of the exclusion of liability or the warranty disclaimers set forth above. Therefore, the above limitations and disclaimers may not apply to you, and you may have additional rights.

13. Indemnity

If you misuse the Game, violate the law, or violate these Terms of Use, and your violation results in loss or damage or a claim or liability against us, you agree to indemnify, defend and hold us harmless from (which means you agree to compensate us for) that loss, damage, claim or liability, including our legal fees and expenses. We may take exclusive charge of the defense of any legal action for which you are required to indemnify us under this section, at your expense. You agree to cooperate in our defense of these actions. We will use reasonable efforts to notify you of any claim for which you are obligated to indemnify us. This section will apply even if you stop using the Game or your account is deleted.

14. Ownership; Trademarks and Copyrights

All rights, title and interest in and to the Game (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, and recordings of games) are owned by NORTH BRIDGE STUDIO. NORTH BRIDGE STUDIO reserves all rights, including without limitation all intellectual property rights or other proprietary rights in connection with the Game.

The trademarks “NORTH BRIDGE STUDIO,” “Doom & Dawn” and logos associated with each of the foregoing, are trademarks of NORTH BRIDGE STUDIO, and all trademarks, logos and service marks (collectively, “Marks”) displayed on or in the Game are either our property or the property of third parties. Similarly, all artwork and other protectable expression in the Game are either our property or the property of third parties and protected by Copyright law. Marks, artwork, images, music, and any other protectable expression may not be copied, imitated or used without written permission from the owner.

15. Miscellaneous

Except as otherwise expressly set forth in these Terms of Use, in the event that any provision of these Terms of Use shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of these Terms of Use shall remain in full force and effect. These Terms of Use constitute and contain the entire agreement between you and us with respect to the subject matter hereof and supersedes any prior oral or written agreements. You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any person other than the parties to these Terms of Use.

If we provide a translated version of these Terms of Use or any other terms or policy incorporated or referenced in these Terms of Use, it is for informational purposes only. If the translated version means something different than the English version, then the English meaning will be the one that applies.

If we do not enforce a provision of these Terms of Use, that does not waive our right to do so later. And, if we do expressly waive a provision of these Terms of Use, that does not mean it is waived for all time in the future. Any waiver must be in writing and signed by both you and us to be legally binding.

NORTH BRIDGE STUDIO is subject to existing laws and legal process, and we may comply with law enforcement or regulatory requests or requirements notwithstanding any term to the contrary in these Terms of Use.

We may notify you via e-mail or via any other contact information you provide to us. All notices given by you or required from you under these Terms of Use or the NORTH BRIDGE STUDIO Privacy Policy shall be in writing and addressed to: NORTH BRIDGE STUDIO PTY LTD

Any notices that you provide that do not comply with these requirements shall have no legal effect.

NORTH BRIDGE STUDIO shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of NORTH BRIDGE STUDIO, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond NORTH BRIDGE STUDIO’s control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

16. CONTACT INFORMATION

The Site and Services are operated and provided by NORTH BRIDGE STUDIO PTY LTD. If you have any questions, comments or concerns regarding our Privacy Policy and/or practices, please send an e-mail to dev@thenorthbridgestudio.com

© NORTH BRIDGE STUDIO 2019. All Rights Reserved.