DRAGON FOUNDRY TERMS OF SERVICE

These Terms of Service and all supplemental terms, as amended from time to time, govern your use of any online or mobile product or service to which you have access, any product or service that requires an Internet connection or Dragon Foundry Account to access, install or play as well as any Dragon Foundry Account you use to access online or mobile products or services ("Dragon Foundry Services") offered by Dragon Foundry or any of its subsidiaries and affiliates (collectively, "Dragon Foundry") for PC, game system or mobile device. If additional terms and/or agreements apply to the Dragon Foundry Service(s) used by you, those additional terms and/or agreements govern your use of Dragon Foundry Services as well.

 

These Terms of Service, as well as Dragon Foundry’s Privacy and Cookie Policy available at http://www.dragonfoundry.com/privacy (incorporated herein by reference) form legally binding contracts between you and Dragon Foundry. By using Dragon Foundry Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed this Agreement with your parent or guardian and he or she assents to these Terms of Service on your behalf and takes full responsibility for your compliance with them. You agree that you and/or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms of Service, and to abide and comply with these Terms of Service.

 

You agree to check http://www.dragonfoundry.com/terms periodically for new information and terms that govern your use of Dragon Foundry Services. Dragon Foundry may modify the Terms of Service at any time. Revisions to terms affecting existing Dragon Foundry Services shall be effective thirty (30) days after posting at http://www.dragonfoundry.com/terms. Terms for new Dragon Foundry Services are effective immediately upon posting at http://www.dragonfoundry.com/terms. Dragon Foundry will not enforce material changes to this Agreement against account holders absent express agreement to the changed terms.

 

1. Dragon Foundry Account

A Dragon Foundry Account may be required to access and use some Dragon Foundry Services.

 

To create an Account, you must have an email address, and provide truthful and accurate information. You must be eligible to use the Dragon Foundry Service for which you are registering. In addition, some Dragon Foundry Services may require creation of a "user name" or a "persona" to represent you in game and online. User names and personas are tied to your Account. You may not use a user name or persona that is used by someone else, is vulgar or offensive, or otherwise violates the Terms of Service.

 

You are solely responsible for all activity on your Account. Your Account may be terminated if someone else uses it to engage in activity that violates the Terms of Service or is otherwise improper or illegal. You should not reveal your Account password to others. Dragon Foundry will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions.

 

2. Content

"Content" on Dragon Foundry Services includes software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to and/or from Dragon Foundry Services, as well as the design and appearance of our websites. Content includes user-generated Content ("UGC"). UGC includes but is not limited to Account personas, forum posts, profile content and any other Content contributed by users to Dragon Foundry Services. Dragon Foundry Content and UGC collectively shall be referred to as "Content." All Content--with the exception of UGC discussed below in Section 6 and 7--is owned by Dragon Foundry or its affiliates, subsidiaries, licensors or suppliers. You bear the entire risk of the completeness, accuracy and/or usefulness of UGC found on Dragon Foundry Services.

 

3. Entitlements

"Entitlements" are licensed rights granted, awarded, provided and/or purchased by you to access and/or use online or off-line elements or features of Dragon Foundry Services and/or products. Entitlements include but are not limited to paid and free downloadable content; unlockable content; digital content, including additional or enhanced functionality, content subscriptions; virtual assets; rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind; in-game achievements; virtual points, coins, or currencies (each individually or collectively defined as “Dragon Foundry Virtual Currency”).

 

4. Use of Content and Entitlements/General License Restrictions

Dragon Foundry grants you a personal, limited, non-exclusive license to use Content and Entitlements to which you have access for your personal, private, non-commercial, non-transferable, limited uses solely as set forth herein and as set forth in any additional Terms applicable to the Dragon Foundry Services accessed by you. Content and Entitlements and all other intellectual property rights in or on Dragon Foundry Services as well as the products and services offered through Dragon Foundry Services, are owned by Dragon Foundry or Dragon Foundry's third party licensors and are protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy, access, or download any Content and/or Entitlements from an Dragon Foundry Service unless you are expressly authorized to do so. In addition, unless expressly authorized by Dragon Foundry, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Content or Entitlements. Any commercial use is prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. Your rights are subject to your compliance with these Terms of Service as well as any other applicable Terms.

 

Dragon Foundry reserves all right, title and interest in any Content, Entitlements, Dragon Foundry Services and all associated copyrights, trademarks, and other intellectual property rights therein that are not expressly granted to you in these Terms of Service. Your permitted use of Content and Entitlements described above is limited by the intellectual property rights of Dragon Foundry and does not include any rights to other patents or intellectual property. Making unauthorized copies or distribution of Content and/or Entitlements found on Dragon Foundry Services may result in the termination of your Account(s), prohibition on use of Dragon Foundry Services, and further legal action as set out in Section 9 below. Content and/or Entitlement owners may take legal action against you for unauthorized use of intellectual property.

 

5. Dragon Foundry Services, Content and Entitlement Availability

Entitlements may only be held in Accounts belonging to legal residents of countries where access to and use of Content and Entitlements is permitted. Entitlements may be purchased or acquired only from Dragon Foundry or an authorized retailer. Dragon Foundry reserves the right to refuse your request(s) to acquire Entitlements, and Dragon Foundry reserves the right to limit or block any request to acquire Entitlements for any reason.

 

We do not guarantee that any Dragon Foundry Services, Content or Entitlement will be available at all times, in all countries and/or geographic locations, or at any given time or that we will continue to offer particular Content or Entitlements for any particular length of time. We reserve the right to change and update Content and Entitlements without notice to you. Once you have redeemed your Entitlements, that content is not returnable, exchangeable, or refundable for other Entitlements or for cash, or other goods or services, subject to any rights of return you may have under Section 16 or under any applicable consumer law in your territory.

 

6. Contributing UGC to Dragon Foundry Services

 

Dragon Foundry does not pre-screen all UGC and does not endorse or approve any UGC that you and other users may contribute to Dragon Foundry Services. You are solely responsible for your UGC and may be held liable for UGC that you post.

 

Dragon Foundry respects the intellectual property rights of others. You must have the legal right to upload UGC to Dragon Foundry Services. You may not upload or post any UGC on Dragon Foundry Services that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload UGC that violates the law, this Terms of Service and/or any third party's right of privacy or right of publicity. You may upload only UGC that you are permitted to upload by the owner or by law. Dragon Foundry may, without prior notice to you and in its sole judgment, remove UGC that may infringe the intellectual property or other rights of a third party. If you are a repeat infringer of Dragon Foundry's or a third party's intellectual property or other rights, Dragon Foundry may terminate your Account without notice to you. If your Account(s) is/are terminated under this paragraph, you are not entitled to a refund for any fees you have paid, and you will lose access to Entitlements associated with your Account.

 

Dragon Foundry reserves the right (but has no obligation except as required by law) to remove, block, edit, move or disable UGC for any reason, including when Dragon Foundry determines that UGC violates these terms. The decision to remove UGC or other Content at any time is in Dragon Foundry's sole and final discretion. To the maximum extent permitted by applicable law, Dragon Foundry does not assume any responsibility or liability for UGC or for removal of, UGC or any failure to or delay in removing, UGC or other Content.

 

7. UGC License Grant to Dragon Foundry and Others

When you contribute UGC to an Dragon Foundry Service, you expressly grant to Dragon Foundry and its licensors a non-exclusive, perpetual, worldwide, complete, sub-licensable and irrevocable right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant Dragon Foundry and its licensors all licenses, consents and clearances to enable Dragon Foundry and its licensors to use such UGC for such purposes. You waive and agree not to assert any moral or similar rights you may have in such UGC.

 

If the Dragon Foundry Service on which you contribute UGC permits other users to access and use that UGC as part of the Dragon Foundry Service, then you also grant all other users of the relevant Dragon Foundry Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant Dragon Foundry Service without further notice, attribution or compensation to you.

 

8. Dragon Foundry Virtual Currency

Certain Dragon Foundry Services may make virtual points, coins, or currencies (“Dragon Foundry Virtual Currency”) available in-game. By purchasing, earning, or otherwise receiving Dragon Foundry Virtual Currency from Dragon Foundry or Dragon Foundry’s approved partners or affiliates, you obtain a personal, limited, non-assignable, revocable license to access and select from the content that Dragon Foundry expressly makes available within the applicable Dragon Foundry Service.

 

Dragon Foundry Virtual Currency has no monetary value and does not constitute currency or property of any type. Dragon Foundry Virtual Currency cannot be sold, traded, transferred, or exchanged for cash; it may only be redeemed for Dragon Foundry In-Game Content. Dragon Foundry Virtual Currency is non-refundable unless expressly authorized by Dragon Foundry in writing or otherwise required by law.

 

9. Termination of Dragon Foundry Services

Dragon Foundry may terminate access to Dragon Foundry Services, or parts of such Dragon Foundry Services, at any time by giving you notice of such termination within the time period specified when you joined the particular Dragon Foundry Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is either (at Dragon Foundry’s discretion) provided to you via email or is posted on the applicable product or Dragon Foundry Service or on http://www.dragonfoundry.com/service-updates.

 

Dragon Foundry may also terminate access to Dragon Foundry Services for violation of this Terms of Service, if Dragon Foundry (in its sole discretion) deems that your use of Dragon Foundry Services renders Dragon Foundry Services less safe for others and/or minors or for illegal or improper use of Dragon Foundry Services, Content, Entitlement, products, or Dragon Foundry's Intellectual Property as determined by Dragon Foundry in its sole discretion. You may lose your user name and persona as a result of termination. If you have more than one (1) Account, Dragon Foundry may terminate all of your Accounts and all related Entitlements. In response to a violation of these Terms of Service or any other agreement applicable to Dragon Foundry Services accessed by you, Dragon Foundry may issue you a warning, suspend your Account, selectively remove, revoke or garnish Entitlements at an Account and/or device level, immediately terminate any and all Accounts that you have established and/or temporarily or permanently ban your device and/or machine from accessing all Dragon Foundry Services or certain Dragon Foundry Services. You acknowledge that in such an instance Dragon Foundry is not required to provide you notice before taking action to suspend or terminate your Account, temporarily or permanently banning your device from some or all Dragon Foundry Services or selectively removing, revoking or garnishing Entitlements associated with your Account. If Dragon Foundry terminates your Account, you may not participate in an Dragon Foundry Service again without Dragon Foundry's express permission. Dragon Foundry reserves the right to refuse to keep Accounts for, and provide Dragon Foundry Services to, any individual. You may not allow individuals whose Accounts have been terminated by Dragon Foundry to use your Account.

 

Please note, Dragon Foundry considers notification of a chargeback to a payment made from an Account as strong evidence of fraud occurring on your Account. For your safety, Dragon Foundry may temporarily or permanently terminate your Account and/or selectively remove, revoke or garnish the Dragon Foundry Services associated with your Account upon notification of a chargeback.

 

If your Account, or a particular subscription for an Dragon Foundry Service associated with your Account, is terminated, suspended and/or if any Entitlements are selectively removed, revoked or garnished from your Account and/or if your device is temporarily or permanently banned from accessing some or all Dragon Foundry Services, no refund will be granted (in all other circumstances, see Section 16 for your refund rights), no Entitlements will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or Entitlements associated with your Account or the particular Dragon Foundry Service. If you believe that any action has been taken against your Account or device in error, please contact Customer Support.

 

10. Cancellation of your Account

You have the right to cancel your Account or a particular subscription to an Dragon Foundry Service at any time. If you do not agree to the terms in this Terms of Service, your sole remedy is to not use Dragon Foundry Services and to cancel your Account or applicable subscriptions. You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with Dragon Foundry, including any dispute related to, or arising out of: (1) any term of this Terms of Service or Dragon Foundry's enforcement or application of this Terms of Service; (2) the Content and Entitlements available through Dragon Foundry Services or any change in Content or Entitlements provided through Dragon Foundry Services; (3) your ability to access and/or use Dragon Foundry Services and/or any Content or Entitlements thereon; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for Dragon Foundry Services and/or any Content or Entitlements thereon.

 

Contact Dragon Foundry's Customer Service Department to cancel your Account. Dragon Foundry reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a subscription to an Dragon Foundry Service. You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with Dragon Foundry Services must be settled before you establish a new Account.

 

11. Rules of Conduct

You may violate the Terms of Service if, as determined by Dragon Foundry in its sole discretion, you:

- Post, transmit, promote, or distribute Content that is illegal.

- Harass, threaten, embarrass, spam or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.

- Organize, effectuate or participate in any activity, group, guild that is harmful, abusive, hateful, racially, ethnically, religiously or otherwise offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, encourages conduct that would violate a law or in a reasonable person's view, objectionable and/or inappropriate. Hate speech is not tolerated.

- Use abusive, offensive, or defamatory screen names and/or personas.

- Engage in disruptive behavior in chat areas, game areas, forums, or any other area or aspect of Dragon Foundry Services. Disruptive behavior includes but is not limited to conduct which interferes with the normal flow of gameplay or dialogue within an Dragon Foundry Service. Disruptive behavior shall also include, but not be limited to, commercial postings, solicitations and advertisements.

- Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, "spamming" or flooding [posting repetitive text].

- Impersonate another person (including celebrities), indicate falsely that you are an Dragon Foundry employee or a representative of Dragon Foundry, or attempt to mislead users by indicating that you represent Dragon Foundry or any of Dragon Foundry's partners or affiliates.

- Attempt to get a password, account information, or other private information from anyone else on Dragon Foundry Services.

- Upload any software or Content that you do not own or have permission to freely distribute.

- Violate any additional Rules of Conduct applicable to a specific Dragon Foundry Service that you are using.

- Promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or virtual currency/items.

- Upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt Dragon Foundry Services.

- Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.

- Improperly use in-game support or complaint buttons or make false reports to Dragon Foundry staff.

- Use or distribute unauthorized "auto" software programs, "macro" software programs or other "cheat utility" software program or applications.

- Use any game hacking/altering/cheating software or tools.

- Modify or attempt to modify any file or any other part of the Dragon Foundry Service that Dragon Foundry does not specifically authorize you to modify.

- Post or communicate any person's real-world personal information using an Dragon Foundry Service.

- Attempt to interfere with, hack into or decipher any transmissions to or from the servers for an Dragon Foundry Service.

- Use and communicate exploits and/or cheats.

- Attempt to use Dragon Foundry Software on or through any service that is not controlled or authorized by Dragon Foundry. Any such use is at your own risk and may subject you to additional or different terms. Dragon Foundry takes no responsibility for your use of Dragon Foundry Software on or through any service that is not controlled by Dragon Foundry.

- Interfere with the ability of others to enjoy playing an Dragon Foundry Service or take actions that interfere with or materially increase the cost to provide an Dragon Foundry Service for the enjoyment of all its users.

- Unless expressly authorized by Dragon Foundry, you may not sell, buy, trade or otherwise transfer your Account or any personal access to Dragon Foundry Services, Content or Entitlements, including by use of auction websites.

- You may not conduct any activities that violate the laws of any jurisdiction including but not limited to copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud and the distribution of counterfeit software.

- Post or transmit unsolicited advertising, promotional materials or other forms of solicitation in-game or in the forums.

- Abuse or exploit bugs, undocumented features, design errors or problems in the game.

- “Role–playing” is not an excuse for violating this or any other policy.

 

Specific Dragon Foundry Services may also post additional rules that apply to your conduct on those services.

 

You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use Dragon Foundry Services. Dragon Foundry reserves the right to terminate your Account and to prevent your use of any and all Dragon Foundry Services if your Account is used to engage in illegal activity or to violate this Terms of Service.

 

Unless otherwise specified, there is no requirement or expectation that Dragon Foundry will monitor or record any online activity on Dragon Foundry Services, including communications. However, Dragon Foundry reserves the right to access and/or record any online activity on Dragon Foundry Services and you give Dragon Foundry your express consent to access and record your activities. Dragon Foundry reserves the right to remove any content from any Dragon Foundry Service at Dragon Foundry's sole discretion. Dragon Foundry has no liability for your or any third party's violation of this Agreement.

 

If you encounter another user who is violating any of the Rules of Conduct, please report this activity to Dragon Foundry using the "Help" or "Report Abuse" functions in the relevant Dragon Foundry Service, if available, or contact Customer Support.

 

12. Services Not Controlled By Dragon Foundry

Some products may give you the option of using Dragon Foundry Software on or through a service that is not controlled by Dragon Foundry. For example, you may be given the option to play Dragon Foundry Software online on servers not owned or controlled by Dragon Foundry. Dragon Foundry takes no responsibility for your use of Dragon Foundry Software on or through any such service and otherwise has no control over how those services are offered, administered or operated. Any such use of non-Dragon Foundry controlled services is at your own risk and may subject you to additional or different terms and restrictions by the third party running the service.

 

13. Software, Utilities and Tools

Dragon Foundry Services may require or allow you to download software, software updates or patches, or other utilities and tools from Dragon Foundry or its licensors onto your computer, entertainment system or device ("Dragon Foundry Software"). Dragon Foundry grants to you a non-exclusive, limited license to use Dragon Foundry Software solely for the purpose stated by Dragon Foundry at the time the Dragon Foundry Software is made available to you. If an End User License Agreement or End User Access And License Agreement is provided with the Dragon Foundry Software, your use of the Dragon Foundry Software is subject to the terms of that license agreement. You may not sub-license, or charge others to use or access Dragon Foundry Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from Dragon Foundry Software. You may not modify Dragon Foundry Software or use it in any way not expressly authorized in writing by Dragon Foundry. You understand that Dragon Foundry's introduction of various technologies may not be consistent across all platforms and that the performance of Dragon Foundry Software and related Dragon Foundry Services may vary depending on your computer and other equipment.

 

From time to time, Dragon Foundry may provide you with updates or modifications to Dragon Foundry Software. You understand that certain updates and modifications may be required in order to continue use the Dragon Foundry Software and Dragon Foundry Services.

 

14. Export Control Laws

Dragon Foundry Software may be subject to United States export controls, and export controls of other jurisdictions. By downloading Dragon Foundry Software from Dragon Foundry, you warrant that you are not located in any country, or exporting Dragon Foundry Software to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods.

 

You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or Dragon Foundry Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Dragon Foundry Services any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of this Agreement.

 

15. Updates to Dragon Foundry Services

IMPORTANT: DRAGON FOUNDRY MAY FIND IT NECESSARY TO UPDATE, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF DRAGON FOUNDRY SERVICES. THESE UPDATES OR "RESETS" MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT GAME WORLD AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. DRAGON FOUNDRY RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.

 

16. Limitations on Warranty and Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF DRAGON FOUNDRY SERVICES, DRAGON FOUNDRY SOFTWARE, CONTENT, ENTITLEMENTS AND THE INTERNET IS AT YOUR SOLE RISK. DRAGON FOUNDRY SERVICES, DRAGON FOUNDRY SOFTWARE, DRAGON FOUNDRY PRODUCTS, CONTENT, ENTITLEMENTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES OR OTHER STATUTORY CONSUMER RIGHTS ARE LEGALLY INCAPABLE OF EXCLUSION OR LIMITATION. SUBJECT TO ANY SUCH STATUTORY CONSUMER RIGHTS APPLICABLE IN YOUR TERRITORY, NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF DRAGON FOUNDRY SOFTWARE OR DRAGON FOUNDRY SERVICES. DRAGON FOUNDRY DOES NOT ASSUME LIABILITY FOR INABILITY TO OBTAIN OR USE ANY CONTENT, ENTITLEMENTS, GOODS OR SERVICES. DRAGON FOUNDRY PROVIDES DRAGON FOUNDRY SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE DRAGON FOUNDRY SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT DRAGON FOUNDRY WILL HAVE ADEQUATE CAPACITY FOR DRAGON FOUNDRY SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH DRAGON FOUNDRY OR ITS LICENSORS ARISING OUT OF OR RELATING TO DRAGON FOUNDRY SERVICES AND/OR DRAGON FOUNDRY PRODUCTS IS TO STOP USING DRAGON FOUNDRY SERVICES, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT DRAGON FOUNDRY, ITS LICENSORS, LICENSEES AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON DRAGON FOUNDRY SERVICES OR USE OF DRAGON FOUNDRY SOFTWARE. IN NO CASE SHALL DRAGON FOUNDRY'S OR ITS LICENSORS', LICENSEES', AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "DRAGON FOUNDRY AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO DRAGON FOUNDRY FOR DRAGON FOUNDRY SERVICES. IN NO CASE SHALL DRAGON FOUNDRY, ITS LICENSORS OR DRAGON FOUNDRY AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF DRAGON FOUNDRY SERVICES, DRAGON FOUNDRY SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF DRAGON FOUNDRY SERVICES OR ACCOUNTS. WHILE DRAGON FOUNDRY USES COMMERCIALLY REASONABLE MEANS TO PROTECT YOUR PERSONAL INFORMATION, DRAGON FOUNDRY AND ITS LICENSORS ASSUME NO LIABILITY FOR LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR USING ANY DRAGON FOUNDRY SERVICE, CONTENT, DRAGON FOUNDRY SOFTWARE TO YOUR COMPUTER AND/OR DEVICE.

 

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, DRAGON FOUNDRY'S, DRAGON FOUNDRY'S LICENSORS' AND DRAGON FOUNDRY AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. SUBJECT TO ANY STATUTORY CONSUMER RIGHTS APPLICABLE IN YOUR TERRITORY, DRAGON FOUNDRY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH DRAGON FOUNDRY AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

17. Indemnification

Upon Dragon Foundry's and/or its licensors' request, you agree to defend, indemnify and hold harmless Dragon Foundry, its licensors and Dragon Foundry Affiliates, contractors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from or relate to a breach of these Terms of Service for which you are responsible or in connection with your distribution of any Content on or through Dragon Foundry Services. Without limiting the generality of the foregoing, you agree to indemnify and hold Dragon Foundry and its licensors harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of Dragon Foundry Services and for all of your communication and activity on Dragon Foundry Services, including any Content you contribute, and that you will indemnify and hold harmless Dragon Foundry, Dragon Foundry's licensors and Dragon Foundry Affiliates from any liability or damages arising from your conduct on Dragon Foundry Services, including any Content that you contribute.

 

Dragon Foundry and its licensors reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Dragon Foundry and/or its licensors in that matter. This Section shall survive termination of this Terms of Service.

 

18. Links to Third-Party Sites

Dragon Foundry Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Dragon Foundry does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.

 

19. General Terms

A. Remedies. You agree that this Terms of Service is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Terms of Service. You also understand and agree that this Terms of Service, the Dragon Foundry Privacy and Cookie Policy and all Terms incorporated into this Terms of Service, including Dragon Foundry's enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person.

B. Severability. If any part of this Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Dragon Foundry, and the remaining portions shall remain in full force and effect.

C. Waiver. The failure of Dragon Foundry to exercise or enforce any right or provision of this Terms of Service will not constitute waiver of such right or provision. Any waiver of any provision of this Terms of Service will be effective only if in a writing signed by Dragon Foundry.

D. Governing Law. The laws of the State of Washington, excluding its conflicts-of-law rules, govern this Terms of Service and your Account(s). As noted above, your conduct may also be subject to other local, state, national, and international laws.