EFFECTIVE DATE: 03 August July, 2010
Last updated: 03 August 2010
Please read the following terms of service carefully. These terms constitute a legally binding agreement that governs your use of any online game, service or website from dynamo games limited. You acknowledge that you have read, understood, and agree to be bound by these terms.
In this Agreement, the term “you” means you the customer and the terms “Dynamo”, “we”, “us” and “our” means Dynamo Games Limited a company registered in
1. Revised Terms
Dynamo may modify the Terms of Service. Revisions to terms affecting existing Dynamo Services shall be effective thirty (30) days after posting at Dynamo Terms of Service. Terms for new Dynamo Services are effective immediately upon posting at Dynamo Terms of Service. We will notify you of any modifications to these Terms of Service with one or both of the following methods: 1) we will post any modifications at Dynamo Terms of Service and/or 2) we will send you a message informing you of the modified terms and linking you to the posting at Dynamo Terms of Service. When we make amendments we change the “Last Updated” date above.
You agree (a) to check Dynamo Terms of Service periodically for new information and terms that govern your use of Dynamo Services, and (b) you will read the messages we send you to inform you of any changes. You agree that you will be considered to have been given notice of any modifications once we post them to Dynamo Terms of Service and that your continued use of the Dynamo Services after such notice shall be deemed an acceptance of any changes.
2. Privacy and Data Collection
You understand, acknowledge and agree that your communications on Dynamo Services are not private or confidential, and may be viewed and used by others accessing the Dynamo Services.
"Content" on Dynamo Services includes software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, e-mails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to and/or from Dynamo Services, as well as the design and appearance of our websites. Content may be provided by you or third parties, including other users of Dynamo Services. Dynamo does not pre-screen all Content and does not endorse, approve, or prescreen any Content that you and other users may contribute to Dynamo Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on Dynamo Services.
Dynamo reserves the right to remove Content that is objectionable to us for any reason. The decision to remove Content is in Dynamo's sole and final discretion. To the maximum extent permitted by applicable law, Dynamo does not assume any responsibility or liability for Content that is generated by third parties or for any failure to or delay in removing such Content.
You are solely responsible for your Content and may be held liable for Content that you post.
4. Intellectual Property Rights
Content on Dynamo Services is owned by Dynamo or Dynamo’s third party licensors and is protected by international copyright, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from an Dynamo Service unless you are expressly authorized to do so.
You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. You may not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Content. Dynamo reserves all rights in Dynamo owned and licensed Content that are not expressly granted to you in this Terms of Service.
Making unauthorized copies of Content found on Dynamo Services may result in the termination of your access to any Dynamo Service, prohibition on use of Dynamo Services, and further legal action. Content owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless Dynamo from any unauthorized or illegal conduct by you, on Dynamo Services.
5. Contributing Third Party Content to Dynamo Services
Dynamo respects the intellectual property rights of others. You must have the legal right to upload Content to Dynamo Services. You may not upload or post any Content on Dynamo Services that is protected by copyright, trademark or other intellectual property rights unless (i) you are the owner of all of those rights; or (ii) you have the prior written consent of the owner(s) of those rights to make such use of that Content. Dynamo may, without prior notice to you and in its sole judgment, remove Content that may infringe the intellectual property rights of a third party. If you are a repeat infringer of Dynamo's or a third party’s intellectual property rights, Dynamo may terminate your access to Dynamo Services without notice to you. If your access is terminated, you are not entitled to a refund for any fees you have paid, and you will lose access to entitlements and assets associated with your use of the relevant Dynamo Service (such as game points, digital assets and credits).
6. Termination of Dynamo Services
Dynamo may terminate any Dynamo Service at any time by giving you notice of such termination within the time period specified when you joined the particular Dynamo Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is posted on the applicable Dynamo Service.
If your access is terminated, no refunds will be granted; no 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 the particular Dynamo Service or associated entitlements (such as game points, credits or other digital items).
7. Rules of Conduct.
Note that you must be aged 13 or over to use any Dynamo Service provided on Facebook. You may violate the Terms of Service if you:
- Post, transmit, promote, or distribute Content that is illegal.
- Harass, threaten, embarrass, 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.
- Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable. Hate speech is not tolerated.
- 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 by using all capital letters in an attempt to disturb other users, "spamming" or flooding by posting repetitive text.
- Impersonate another person (including celebrities), indicate falsely that you are an Dynamo employee or a representative of Dynamo, or attempt to mislead users by indicating that you represent Dynamo or any of Dynamo's partners or affiliates.
- Attempt to get a password, account information, or other private information from anyone else on Dynamo Services.
- Upload any software or Content that you do not own or have permission to freely distribute.
- Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
- Upload files that contain a virus or corrupted data.
- 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 Dynamo staff.
- Use or distribute "auto" software programs, "macro" software programs or other "cheat utility" software program or applications.
- Modify any part of the Dynamo Service that Dynamo does not specifically authorize you to modify.
- Post or communicate any player’s real-world personal information using an Dynamo Service.
- Attempt to interfere with, hack into or decipher any transmissions to or from the servers for an Dynamo Service.
- Use and communicate exploits to gain unfair advantage in a game
- Attempt to use Dynamo Software on or through any service that is not controlled or authorized by Dynamo.
- Interfere with the ability of others to enjoy playing a Dynamo Service or take actions that interfere with or materially increase the cost to provide an Dynamo Service for the enjoyment of all its users.
Specific Dynamo Services may also post additional rules that apply to your conduct on those services.
You must also obey all laws, regulations and rules that apply to your activities when you use Dynamo Services. Dynamo reserves the right to prevent your use of any and all Dynamo Services if your use of Dynamo Services is used to engage in illegal activity or to violate this Terms of Service.
If you encounter another user who is violating any of the Rules of Conduct, please report this activity to Dynamo using the "Help" or "Report Abuse" functions in the relevant Dynamo Service.
8. Software, Utilities and Tools
Dynamo Services may require or allow you to download software, software updates or patches, or other utilities and tools from Dynamo or its licensors onto your computer ("Dynamo Software"). Dynamo grants to you a non-exclusive, limited license to use Dynamo Software solely for the purpose stated by Dynamo at the time the Dynamo Software is made available to you. If an End User License Agreement is provided with the Dynamo Software, your use of the Dynamo Software is subject to the terms of that license agreement. You may not sub-license, or charge others to use or access Dynamo Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from Dynamo Software. You may not modify Dynamo Software or use it in any way not expressly authorised in writing by Dynamo. You understand that Dynamo’s introduction of various technologies may not be consistent across all platforms and that the performance of Dynamo Software and related Dynamo Services may vary depending on your computer and other equipment.
9. Dynamo Software Updates and Modifications
From time to time, Dynamo may provide you with updates or modifications to Dynamo Software. You understand that certain updates and modifications may be required in order to continue use the Dynamo Software and Dynamo Services. Dynamo shall not be liable for any incidental or consequential damages arising from such updates or modifications.
10. Export Control Laws
Dynamo Software may be subject to export controls of various jurisdictions around the world. By downloading Dynamo Software from Dynamo, you warrant that you are not located in any country, or exporting Dynamo Software to any person or place, to which the European Union,
You agree to abide by applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or Dynamo 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 Dynamo 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.
11. Updates to Dynamo Services
Dynamo may find it necessary to make updates, or reset certain parameters to balance game play and usage of Dynamo 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. Dynamo reserves the right to make these updates and is not liable to you for these changes.
12. Limitations on warranty and liability
To the maximum extent permitted by applicable law, you expressly agree that the use of Dynamo Services, Dynamo Software, and the internet is at your sole risk. Dynamo Services, Dynamo Software, Dynamo’s Products, all software updates and modifications and third-party services and products are provided without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. Dynamo provides Dynamo Services on a commercially reasonable basis and does not guarantee that you will be able to access or use Dynamo Services at times or locations of your choosing, or that Dynamo will have adequate capacity for Dynamo 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 Dynamo or its licensors is to stop using Dynamo Services, and to terminate your access to such Dynamo Services. You acknowledge and agree that Dynamo, its licensors and affiliates are not liable for any act or failure to act by them or any other person regarding conduct, communication or content on Dynamo services or use of Dynamo software. In no case shall Dynamo or its licensors, affiliates', employees', officers', or directors' (collectively, "Dynamo Affiliates") liability to you exceed the amount that you paid to Dynamo for Dynamo Services.
In no case shall Dynamo or Dynamo Affiliates be liable for incidental or consequential damages arising from your use of Dynamo Services, Dynamo Software, the internet, any or for any other claim related in any way to your use of Dynamo Services including but not limited to any loss of income or reputation. You hereby acknowledge that the Dynamo Services are intended to be used for fun, entertainment and educational purposes only and Dynamo and Dynamo Affiliates take no responsibility and shall not be liable for the consequences of the Dynamo Services being used in relation to any form of gambling or other purposes for which they are not intended. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, Dynamo’s and Dynamo Affiliates' liability shall be limited to the full extent permitted by law. Dynamo does not endorse, warrant or guarantee any third party product or service offered through Dynamo 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.
Notwithstanding the foregoing, nothing contained in this Terms of Service limits Dynamo’s liability to you for fraudulent misrepresentations, death or personal injury caused by Dynamo’s negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of applicable law.
Upon Dynamo's request, you agree to defend, indemnify and hold harmless Dynamo and its affiliates, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including legal fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your distribution of any Content on or through Dynamo Services. Without limiting the generality of the foregoing, you agree to indemnify and hold Dynamo harmless for any improper or illegal use of a Dynamo Service, including the illegal or improper use of the Dynamo Service by someone to whom you have given permission to access the Dynamo Service by using your. You agree that you will be personally responsible for your use of Dynamo Services and for all of your communication and activity on Dynamo Services, including any Content you contribute, and that you will indemnify and hold harmless Dynamo, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on Dynamo Services, including any Content that you contribute.
Dynamo reserves the right, at its 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 Dynamo in that matter. This Section shall survive termination of this Terms of Service.
14. Links to Third-Party Sites
Dynamo 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. Dynamo 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.
15. General Terms
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 Dynamo, and the remaining portions shall remain in full force and effect.
c. Waiver. The failure of Dynamo 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 Dynamo.
d. Governing Law. The laws of Scotland govern this Terms of Service and you expressly agree that exclusive jurisdiction for any claim or dispute with Dynamo or relating in any way to your use of Dynamo Services resides in the courts of Scotland and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Scotland in connection with any such dispute including any claim involving Dynamo or its affiliates, employees, contractors, officers, directors, vendors and content providers. As noted above, your conduct may also be subject to other local, state, national, and international laws.
16. Entire Agreement
17. Beta Tests
In its sole discretion, Dynamo may contact you to review and evaluate one or more games, aspects of games, or online features prior to commercial release for the purpose of identifying program errors. You will be asked to provide to Dynamo (and to Dynamo only) certain feedback and suggestions regarding your experiences while reviewing and evaluating the game(s) or site feature(s). This process is known as a "Beta Test." You must sign and return to Dynamo a Pre-Release Software Confidentiality Agreement ("Confidentiality Agreement") for each specific Beta Test before you will be allowed to be a tester ("Tester") and before any software will be provided or made accessible to you. Your participation as a Tester is subject to the Confidentiality Agreement and the following terms and conditions.
In connection with the Beta Test, Dynamo may provide you, on a temporary basis, a pre-release copy of a game or access to a feature on the Dynamo site. You understand and agree that the pre-release copy and all other materials provided to you are confidential or proprietary information of Dynamo. You agree as a condition of participating in a Beta Test to (i) not copy or reproduce the pre-release copy and confidential or proprietary information, (ii) safeguard the pre-release copy and confidential and proprietary information and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the pre-release copy and confidential and proprietary information, and (iii) fully comply with the terms and conditions of the Confidentiality Agreement.
You will carry out the testing personally and not provide access to pre-release materials to any other person. You agree that breach of the above obligations will cause irreparable harm to Dynamo, and Dynamo is entitled to (in addition to any other remedies available to it) ex-parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the beta games confidential will continue until Dynamo publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.
Upon request, you agree to immediately return to Dynamo all copies of the pre-release copy and confidential or proprietary information Dynamo provided to you.
As a Tester, you are invited to play beta games for the sole purpose of evaluating the games and identifying errors. Nothing in these guidelines, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta games or content that you find here. The beta games are provided for testing on an "as is" and "as available" basis and we make no warranty to you of any kind, express or implied.
When playing some beta games, you may accumulate credits, experience points, digital assets, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular game completes a testing phase. In this case, all player history and data will be erased and each player will return to novice status.
By selecting a "Play" button to start a beta game, you agree that: (i) playing beta games is at your own risk and you know that the games may include known or unknown bugs, (ii) any value or status indicators that you achieve through game play may be erased at any time, (iii) Dynamo has no obligation to make these games available for play without charge for any period of time, nor to make them available at all, (iv) these games may be available only by subscription once the Beta Test process is complete or at any time in the future; (v) Dynamo’s Terms of Service apply to your use of the games during the testing phase, and (vi) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person.
Beta Test accounts are non-transferable under any circumstances.
18. Additional Terms and Conditions for Specific Dynamo Services
Certain Dynamo Services may require you to read and agree to terms and conditions that are specific to that Dynamo Service. Your right to use that Dynamo Service is subject to those specific terms and this Terms of Service. If there are any inconsistencies between the specific terms and these terms, Dynamo will be the final and sole arbiter of any such inconsistencies.