PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR DOWNLOADING DUELYST, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE OR THE GAME.
Thank you for visiting the DUELYST website. This is Counterplay Games Inc.’s (“Counterplay Games,” “CP”) Terms of Service (“Terms of Service,” “Agreement,” “Document”) that governs your access to, and use of, the DUELYST Website located at www.DUELYST.com (or any subsequent URL which may replace it) and all officially associated websites and micro-sites (collectively, the “Website”), any game operated by Counterplay Games through this Website (the “Game”), and all features, functions software and services offered through this Website. The Website, the Game and the features, functions, software and services offered through this Website collectively constitute the “Use” or “Service.” This Document applies to all customers, visitors, users of the Website and Game and its respective and related pages (“you,” “your,” “user,” “users”).
Counterplay Games provides a free-to-play, multiplayer online Game to registered users and related features, functions and services available through the Website, such as community forums and other interactive areas. To access the Game, you may be required to download and install certain client software, and such access entails the use of hardware, software and Internet access (which you acknowledge play a crucial role in your user experience). You agree that Counterplay Games is not responsible for any hardware, software or Internet access, quality, suitability or unavailability issues. Counterplay Games does not provide Internet access, and you are responsible for all fees relating to telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the servers.
You will be required to create an account (an “Account”) to access the Game and certain features and functions of our Service. You must be 13 years of age or older to create an Account. If you are 13 or over, but are under the age of 18, you are required to review this agreement with your parent(s) or guardian to ensure they read and agree to them.
By creating an Account or otherwise using the Service, you represent that you are at least age 18 and agree to these Terms of Service, or that you are over 13 years of age and your parent(s) or legal guardian has read and agreed to these Terms of Service, and you understand and agree that we are relying upon that representation in allowing you to use the Service. Only one person may use an Account.
When creating an Account which involves forming a unique user identity (“User ID,” “username”) and password, you agree to (i) provide true, accurate, current and complete information as requested in the required fields (the “Account Information”) and (ii) promptly maintain and update such User ID and your Account Information to keep it true, accurate, current and complete.
You, as creator of your Account and User ID, are solely responsible for your User ID. Counterplay Games will not tolerate offensive or obscene User IDs. If a User ID violates any part of these terms, CP may immediately, temporarily, or permanently ban such a User ID, with or without notice. The creation of alternate accounts will be handled on a case by case basis, and we reserve the right to remove accounts used to circumvent any form of restrictions to the game or the Service including the official DUELYST forums.
Counterplay Games is not responsible for any misuse of your Account or your User ID, you agree to accept all risks of unauthorized access to your Account and to hold Counterplay Games harmless from and against any improper use of your Account or your User ID, including, but not limited to, improper use by someone to whom you revealed your password.
Please note that, you are responsible for maintaining the confidentiality and security of your User ID and password, and you agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are solely responsible for all activities and transactions that occur under your Account (including purchases and charges, as applicable), and Counterplay Games is not responsible for any unauthorized use of your account, including without limitation in the event that your password is stolen or revealed to a third party. You agree to immediately notify Counterplay Games of any unauthorized use of your Account or any other breach of security in relation to the Website, the Use/Service or the Game known to you by submitting a ticket to firstname.lastname@example.org. Counterplay Games provides you with the choice to change your password in order to safeguard your Account.
The Account you create is personal to you and Counterplay Games does not allow the transfer of user Accounts. You shall not purchase, sell, gift or trade any Account, or make any such offer, and any attempt shall be null and void. Any distribution by you of your Account and/or your Login Credentials (except as expressly provided herein or otherwise explicitly approved of by Counterplay Games) may result in suspension or termination of your Account.
Your Account may be deactivated if you do not use your Account within twelve months after the date that it was created or for any continuous period of twelve months after creation. If you do not use your Account for twelve or more months, it may be removed and deleted by the Website administrator at their sole discretion. We will endeavor to use reasonable efforts to notify you by email before we delete your Account, unless we are deleting your User ID for a violation of these terms or discontinuation of the Service. However, we will not be liable in any manner for any failure to give notice. If you advise us within five days of the notice that you want to keep your Account active, we will not delete it. If you do not so notify us, your Account may be permanently deleted, along with your User ID, records, ranks and service information. Please note that regardless of any notice, Counterplay Games reserves the right to discontinue the Use/Service or to terminate or suspend your account at any time in its sole discretion for any reason, or for no reason.
You may terminate your Account at any time, for any reason or no reason, by submitting a ticket to Counterplay Games at email@example.com.
The Service may include discussion forums, chat rooms, user feedback, messaging features, comments and other interactive areas or services (“Interactive Areas”) in which you or other users create, post, send or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on or through the Website (the “User Content”). User Content posted to the Website is publicly available and not confidential and will become the sole property of Counterplay Games. CP strongly recommends that you not publish any personal information about yourself or others on or through the Website. In consideration of your use of the Service, you hereby transfer and assign to Counterplay Games all right, title and interest in and to the User Content you create, post, store or transmit on or through the Website, including all intellectual property rights therein, and Counterplay Games shall be entitled to the unrestricted use, dissemination and other exploitation of such User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You are solely responsible for the User Content you post and for your use of such Interactive Areas.
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following:
Counterplay Games takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Counterplay Games liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Counterplay Games is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although Counterplay Games has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Counterplay Games reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Service or the Code of Conduct and will not violate any rights of or cause injury to any person or entity. You shall be solely liable for all royalties, fees, damages and any other monies resulting from any infringement of such right or any other harm resulting from any User Content you provide.
You understand and agree that when you communicate with other players within the Game or utilize any interactive features available on the Website, such as instant messaging, forums or chat rooms, such communications and postings are transmitted through Counterplay Games servers, and CP may, but is not obligated to, monitor all such communications and postings, including those that are designated as “private.” You acknowledge that you have no expectation of privacy with respect to any such communications or postings, and you expressly consent to such monitoring.
The Website and/or the Service may contain links to websites operated by other parties. Counterplay Games provides these links to you as a convenience, or other users might be posting these links as user-provided Content. Use of these links and the external websites are at your own risk. The linked sites are not under the control of Counterplay Games, and CP is not responsible for the content available on the other sites. Such links do not imply endorsement by Counterplay Games of information or material on any other site, and Counterplay Games disclaims all liability with regard to your access to and use of such linked websites.
You are granted a limited, non-exclusive right to create a text hyperlink to the Website for non-commercial purposes, provided such link does not portray Counterplay Games or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Counterplay Games logo or other proprietary graphic of Counterplay Games to link to this Website without the express written permission of Counterplay Games. Further, you may not use, frame or utilize framing techniques to enclose any Counterplay Games trademark, logo or other proprietary information, including the images found at the Website, the content of any text or the layout/design of any page or form contained on a page on the Website without CP’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Counterplay Games or any third party.
Counterplay Games may charge fees to access and acquire certain game items or participate in Game activities on the Website and may allow the purchase of in-game “currency” that may be applied to the purchase of in-game items or activities (“Gold,” “Spirit”) ANY APPLICABLE GOLD, FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NON REFUNDABLE AND NONTRANSFERABLE, IN WHOLE OR IN PART, FOR ANY REASON. GOLD HAS NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES. You agree that you will provide accurate and complete payment information to the third-party payment provider used by Counterplay Games for purchasing Gold or other fee-based activities on the Website or in the Game. You further agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Counterplay Games may revise the pricing for the Game or any item associated therewith at any time. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable. Counterplay Games may, from time to time, modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting in this Agreement or elsewhere on the Website or in the Game. If there is a dispute regarding payment of fees to Counterplay Games, your Account may be closed without warning or notice at the sole discretion of Counterplay Games.
Counterplay Games MAY SUSPEND, TERMINATE, MODIFY, BLOCK ACCESS TO OR DELETE THE SERVICE OR ANY ACCOUNT AT ANY TIME WITH OR WITHOUT REASON, WITH OR WITHOUT NOTICE.
Counterplay Games may at its option issue warnings and temporary suspensions and permanent terminations of Accounts for user violations. Counterplay Games retains the sole discretion as to when and how to impose warnings, penalties and/or disciplinary actions. CP considers the severity of the violation and the number of infractions in making the determination; however, any determination shall be under the absolute discretion of CP. Notwithstanding the foregoing, Counterplay Games always retains the right to terminate or suspend a User’s Account at any time for any reason, or for no reason, with or without any warnings and with or without notice.
For the avoidance of doubt, you hereby acknowledge that Counterplay Games has sole discretion with respect to termination of your Account, even if there are credits remaining on your Account. If you feel you or your Account has been unfairly warned or disciplined please contact Counterplay Games with a full detailed explanation at firstname.lastname@example.org.
You have the right to terminate or cancel your Account at any time by delivering notice to Counterplay Games. You understand and agree that the cancellation of your User Id is your sole right and remedy with respect to any dispute, including, but not limited to, any related to, or arising out of: (i) any term of this Agreement or CP’s enforcement or application of this Agreement; (ii) the User Contents; (iii) your ability to access and/or use the Service or the Website; or (iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
In the event your Account is terminated or canceled for any reason, or for no reason, no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account. Any Accounts with unresolved disputes must be settled before Counterplay Games may allow you to register again.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL COUNTERPLAY GAMES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL, OR LOST PROFITS), OR ANY DAMAGES FOR GROSS NEGLIGENCE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING FROM YOUR USE OR MISUSE OF THE PROPERTIES, EVEN IF COUNTERPLAY GAMES KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COUNTERPLAY GAMES BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO COUNTERPLAY GAMES FOR GAME-RELATED TRANSACTIONS, IF ANY, DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
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, the liability of Counterplay Games shall be limited to the fullest extent permitted by applicable law.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE AGREEMENT AND AGREE THAT YOUR USE OF ANY OF THE PROPERTIES IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.