Digital Service Agreement
Dynamo Games Digital Service Agreement
Last Updated: 09 August 2010
Click here for Agreements in effect prior to 09 August 2010
- Scope of Agreement. This Agreement governs your purchase of Dynamo Dollars, coins, or any of our other virtual currencies that we issue from time to time (each individually or collectively referred to in this Agreement as “Dynamo Virtual Currency”) and any of our products and services through which you can purchase or use the Dynamo Virtual Currency (“Dynamo Services”). 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 Scotland with Registered No. SC277170, VAT No. 852 8982 76 and registered office address at 17 Springfield, Dundee, DD1 4JE, United Kingdom. This Agreement supplements the Dynamo Terms of Service which can be found at the bottom of all Dynamo hosted websites and by visiting Dynamo Terms of Service in your browser. Please print out copies of these documents for your records when completing any purchase of Dynamo Virtual Currency. If there is an inconsistency between the Dynamo Terms of Service and this Agreement, the terms of this Agreement will govern your purchase and use of Dynamo Virtual Currency. By selecting the “I have read and accept Dynamo’s Digital Services Agreement for use, expiration and limitations of Dynamo Virtual Currency” checkbox, you agree that your use of Dynamo Virtual Currency, Dynamo Services and all related content is subject to this Agreement.
- Revised Terms. We may revise this Agreement and the revisions will apply to all subsequent purchases of Dynamo Virtual Currency and the subsequent entitlements to content that you receive by using Dynamo Virtual Currency. When we revise this Agreement, we change the “Last Updated” date above. Each time you purchase Dynamo Virtual Currency you agree that you will review the terms of this Agreement. If you don’t agree to the changes, you should stop using the Dynamo Services.
- Dynamo Registration. If any of the Dynamo Services require you to open an account (a “Dynamo Account”), you must complete the registration process by providing us with current, complete and accurate information (including your email address) as prompted by the applicable registration form. You may also be asked to choose a password and a user/account name. You may not use a user/account name that is used by someone else, is vulgar or otherwise offensive (as determined by us), infringes any trademark or other proprietary rights of others, or is used in any way that violates this Agreement or the Dynamo Terms of Service. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use or theft of your account or any other breach of security (and to provide properly documented evidence as reasonably requested by us). We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be liable for losses incurred by Dynamo or another party due to someone else using your account or password. You may not use anyone else's account at any time. Where the Dynamo Services utilise the account management of a social networking website (such as Facebook or MySpace), you are responsible for maintaining the confidentiality of your applicable social networking website password and account, and are fully responsible for all activities that occur under your account.
- Dynamo Virtual Currency License. Dynamo Virtual Currency can be purchased via the Dynamo Services. We may also award Dynamo Virtual Currency in connection with promotions and as part of Dynamo games, challenges or tournaments. When you purchase Dynamo Virtual Currency you agree to pay taxes that Dynamo assesses on your purchase. By purchasing or otherwise acquiring Dynamo Virtual Currency as set out above, you obtain a limited license to access and select from content that we expressly make available as part of the Dynamo Services (the “Dynamo Content”). Dynamo Virtual Currency has no monetary value and does not constitute currency or property of any type. Dynamo Virtual Currency may be redeemed for Dynamo Content only. Dynamo Virtual Currency cannot be sold or transferred, and cannot be exchanged for cash or for any other goods and services, except for the Dynamo Content. Dynamo Virtual Currency is non-refundable. You are not entitled to a refund for any unused Dynamo Virtual Currency.
- Dynamo Virtual Currency Term. The term of your Dynamo Virtual Currency license starts when you acquire Dynamo Virtual Currency and, subject to this Agreement, ends the earlier of twenty four (24) months of the date of purchase or award (as the context requires and applicable to each individual purchase or award) and the day that your access to the Dynamo Services is cancelled, suspended or terminated as set forth in this Agreement. Subject to sections 13 and 14 below, there is no expiration date for Dynamo Dollars. Unused balances may become subject to statutory unclaimed property laws.
- Purchase Process. To purchase Dynamo Virtual Currency, (i) follow the Dynamo Services instructions on the applicable website (ii) sign into your Dynamo Account if required (or create a Dynamo Account if required); (iii) provide your billing information; and (iv) confirm the details of what you are purchasing and that you have read and accept the Dynamo Digital Services Agreement. If you decide to purchase subscription-based Dynamo Services, you agree that all information that you submit is true and accurate (including, without limitation, your billing information such as credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes.
- Pricing. The price payable by you (the “Price”) is the price indicated on the applicable website for the Dynamo Services. If you are resident in Europe, the Price includes any applicable VAT or the equivalent in each jurisdiction. We reserve the right to change the Price and specifications shown in relation to the Dynamo Services. If the price or specification published on the applicable website for the Dynamo Services is materially incorrect when you place an order for those products or services and you contact us to inform us of this incorrect information, we will: (i) provide you with the correct price or specification; and (ii) ask you to confirm whether you would like to purchase the applicable products or services at the correct price or specification. If applicable, we will also state the period for which the offer or Price remains valid. If you choose not to complete your purchase at the corrected price or product specification, we will provide you with a full refund for any amounts already paid by you.
- Payment. You may pay for Dynamo Virtual Currency either by credit card or by using the services of any alternate billing and payment provider (such as PayPal, Offerpal and (Facebook Credits) that we identify on the applicable website. If you pay for Dynamo Virtual Currency by credit card, then you must supply your credit card details when you place your order. We will not supply any products or services to you until your credit card issuer or alternative billing and payment provider has authorized the use of your card or other applicable method for payment. If you elect to use the services of an alternate billing and payment provider, you will be bound by that third party provider’s terms & conditions, which are available from the provider. You may be required to create an account with the alternate provider, and to provide that provider with your bank account or credit or debit card details. You may incur additional costs associated with the method of payment which you choose. Dynamo has no control over third party payment provider costs incurred in purchasing the Services. Costs associated with accessing the Dynamo Services depends on your Internet Service Provider. Please see your Internet Service Provider's terms and conditions.
- Performance of the Contract. Dynamo Virtual Currency is available to you immediately as soon as you complete your purchase. If you reside in the European Union and you purchase a product or service from Dynamo, you have the right to withdraw from your purchase within fourteen calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”). However, please note that you will lose your right of withdrawal if the performance of the services has begun before the end of the Cooling Off Period. Accordingly, please note that if you purchase Dynamo Virtual Currency from us, your right of withdrawal is lost as the performance of our services begins immediately once your purchase is completed. This Agreement does not confer any rights or remedies upon any person other than the parties to this Agreement. You may also have additional rights under applicable law.
- Use and Expiration of Dynamo Virtual Currency. During the term of your license, you have the right to redeem Dynamo Virtual Currency for selected Dynamo Content. We do not guarantee that any particular item offered as part of the Dynamo Services will be available at all times or at any given time. We do not guarantee that we will continue to offer particular items for any particular length of time. We reserve the right to change and update our inventory of Dynamo Content without notice to you. If you have not used your Dynamo Virtual Currency for twenty four (24) months or more and your account has a Dynamo Virtual Currency balance, your Dynamo Virtual Currency shall expire and your account may be cancelled for non-use. Subject to Sections 13 and 14 below, there is no expiration date or fee, however, for Dynamo Dollars. Unused balances may become subject to statutory unclaimed property laws. Once you -- or we as set forth below -- have redeemed Dynamo Virtual Currency for Dynamo Content, that content is not returnable, exchangeable, or refundable for Dynamo Virtual Currency or for cash, or other goods or services.
- Dynamo Content. When you acquire Dynamo Content, you receive a limited license to use Dynamo Content for your personal non-commercial use with any specified permitted Dynamo Services that we identify from time to time. Dynamo reserves all right, title and interest in Dynamo Content and all associated copyrights, trademarks, and other intellectual property rights therein. This license is limited to the intellectual property rights of Dynamo in the Dynamo Content and does not include any rights to other patents or intellectual property. You may not remove, alter, or obscure any identification, copyright, or other intellectual property notices in the Dynamo Content.
- Dynamo Virtual Currency Availability. Dynamo Virtual Currency may only be held by legal residents of countries where access to and use of the Dynamo Services is permitted. Dynamo Virtual Currency may be purchased or acquired only from Dynamo through means we provide on the applicable website(s) or otherwise expressly authorize. Dynamo reserves the right to refuse your request(s) to purchase and/or acquire Dynamo Virtual Currency, and Dynamo reserves the right to limit or block any request to purchase and/or acquire Dynamo Virtual Currency for any reason. You may not hold more than £200 worth of Dynamo Dollars at any time. In addition, you may not spend more than £125 worth of Dynamo Dollars in any one day.
- Cancellation and Suspension. We can cancel or suspend your access to Dynamo Virtual Currency, the Dynamo Services or your Dynamo Account, in our sole discretion and without prior notice, if (a) you fail to comply with this Agreement or the Dynamo Terms of Service; or (b) if we otherwise suspect fraud or misuse of Dynamo Services and/or Dynamo Virtual Currency, or any other unlawful activity associated with an account membership registered to or used by you.
- Termination of Services. You agree that Dynamo may stop making Dynamo Virtual Currency and the Dynamo Services available, at any time, without any liability to you. If we stop supporting the Dynamo Services, we will provide at least sixty (60) days advance notice to you by posting a notice on Dynamo.com.
- Disclaimer of Warranties. Dynamo makes no warranties with respect to the Dynamo Services, the Dynamo Content or Dynamo Virtual Currency. To the extent permitted by law, Dynamo disclaims all warranties, express or implied, including without limitation the implied warranties of fitness for a particular purpose, title and non-infringement. Dynamo does not warrant that the functionality or operation of the dynamo services, any accounts or supporting systems and websites (collectively, “Dynamo Services”) will be uninterrupted or free from error, that any defects in the dynamo services will be corrected, or that the dynamo services or the servers that make those Dynamo Services available are free of viruses or other harmful conditions or components. Some jurisdictions do not allow the exclusion of or limitations on implied warranties, so the above exclusions and limitations may not apply to you.
- Limitation of liability. Dynamo shall have no liability, whether based in contract, delict, negligence, strict liability or otherwise, for damages of any kind (including without limitation direct, indirect, incidental, consequential, special, punitive or exemplary damages) in any way arising from the functionality or operation (or failure to function or operate) of the Dynamo Services, the Dynamo Virtual Currency, or the Dynamo Content even if Dynamo is expressly advised of the possibility of such damages. In no event shall Dynamo’s aggregate liability under this Agreement exceed the amount actually paid by you for Dynamo Virtual Currency. Notwithstanding the foregoing, nothing contained in this agreement 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. Some jurisdictions do not allow the exclusion of or limitations liability, so the above exclusions and limitations may not apply to you.
- Reservation of Rights. Dynamo reserves the right to take all legal and technical steps available, including pursuing civil remedies and criminal prosecution, for any violation of this Agreement or the Dynamo Terms of Service. Our failure to enforce this Agreement or the Dynamo Terms of Service in every instance in which it is entitled does not amount to a waiver of Dynamo ’s rights.
- 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.
- Electronic Contracting. You acknowledge and agree that by clicking the ‘purchase’ (or similar) button when you place your order, you are placing a legally binding offer. You consent to: (i) the use of electronic communications to enter into contracts and place orders with us; and (ii) the electronic delivery of notices, policies and records of transactions initiated or completed by you online. You have the right to withdraw this consent, but if you do, we may cancel your access to the Dynamo Services. If you do not consent to receive any notices electronically, you must stop using the Dynamo Services. As long as you place orders with us online, you agree that you will have access to the necessary software and hardware to receive electronic records from us in connection with transactions initiated or completed by you online