Last updated 15th of April, 2014
Welcome to Dramagame! This agreement (this “Agreement” or the “Terms of Service”) describes the terms on which Velvet Sundown Ltd. (“Velvet Sundown”) offer you access to Dramagame. “Dramagame” or the “Service” means the multi-user online service offered by Velvet Sundown, including the Website, Servers, Dramagame software and Dramagame content.
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
By accepting this Agreement in connection with an Account, you represent that you are at least 16 years of age and you have the legal authority to enter into this Agreement. If you are at least 16 years of age and less than 18 years of age, you represent that (i) your parent or legal guardian has consented to your having an Account in Dramagame, participating in the Service, and providing your personal information in connection with the Service; and (ii) your parent or legal guardian has read and accepted this Agreement on your behalf. If you are under 16 years of age, then please do not use Dramagame.
You must establish an Account with Velvet Sundown to use the Service, except for those portions of the Website which Velvet Sundown allows users to access without registration. You agree to provide accurate, current and complete information about yourself as prompted by the registration form ("Registration Data") and to use the account management tools provided to keep your Registration Data accurate, current and complete.
You may establish an Account with Registration Data provided to Velvet Sundown by a third party who provides a gateway to our Service through the use of an API, in which case you may have a separate, additional account relationship with such third party. This relationship in no way modifies, lessens or alters your obligations under these Terms of Service. Access to Dramagame through third parties may be available or discontinued at the discretion of Velvet Sundown. You acknowledge that Velvet Sundown is not liable for the acts or omissions of such third parties, which are not the partner or representative of Velvet Sundown or endorsed or controlled by Velvet Sundown.
You are responsible for all activities conducted through your Account. In the event that fraud, illegality or other conduct that violates this Agreement is discovered or reported (whether by you or someone else) that is connected with your Account, we may suspend or terminate your Account.
At the time your Account is opened, you must select a password. You are responsible for maintaining the confidentiality of your password and are responsible for any harm resulting from your disclosure, or authorization of the disclosure of your password or from any person's use of your password to gain access to your Account. At no time should you respond to an online request for a password other than in connection with the log-on process to the Service. Your disclosure of your password to any other person is at your own risk.
You are also asked to set your “Stage name” for the Game. You are encouraged to use a pseudonym, but you may not choose a name that violates anyone's trademarks, publicity rights or other rights. Acceptance of a pseudonym by the System does not mean that your chosen pseudonym does not violate anyone's rights. You are responsible for any liability incurred by yourself, Velvet Sundown or anyone else due to the pseudonym you choose. Velvet Sundown retains the right to reject any pseudonym it determines, in its sole discretion, is unlawful, indecent, obscene or otherwise violates standards of good taste.
If you choose to use paid aspects of the Service, you agree to the posted pricing and billing policies on the Service.
Monthly Renewing Subscriptions and Single Purchases are non-refundable.
You may cancel your monthly renewing membership at any time during the month. If you choose this option, your subscription will expire 30 days from the last payment. Any amounts paid prior to your cancellation will not be refunded.
You retain any and all Intellectual Property Rights you already hold under applicable law in content you upload, publish, and submit to or through the Servers, Websites, and other areas of the Service, subject to the rights, licenses, and other terms of this Agreement, including any underlying rights of other users or Tribe Studios in Content that you may use or modify.
In connection with Content you upload, publish, or submit to any part of the Service, you affirm, represent, and warrant that you own or have all necessary Intellectual Property Rights, licenses, consents, and permissions to use and authorize Velvet Sundown and users of Dramagame to use the Content in the manner contemplated by the Service and these Terms of Service.
You hereby automatically grant Velvet Sundown a non-exclusive, worldwide, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content solely for the purposes of providing and promoting the Service.
You understand that this license enables Velvet Sundown to display, distribute, promote, and improve the Service. You agree that the license includes the right to copy, analyze and use any of your Content as Velvet Sundown may deem necessary or desirable for purposes of debugging, testing, or providing support or development services in connection with the Service and future improvements to the Service. The license granted in this Section is referred to as the "Service Content License."
Velvet Sundown owns Intellectual Property Rights in and to the Service, except all User Content, including the Dramagame Software, the Websites, the Servers, and in and to our trademarks, service marks, trade names, logos, domain name and taglines. You understand that such Intellectual Property Rights are apart from any rights you may have in Content you upload, publish or submit to the Service, as discussed above. You acknowledge and agree that Velvet Sundown and its licensors own all right, title, and interest in and to the Service, including all Intellectual Property Rights therein, other than with respect to User Content.
You agree to respect the Intellectual Property Rights of other users, Velvet Sundown, and third parties
Velvet Sundown is a service provider and is not responsible or liable for the content, conduct, or services of users or third parties.
You agree to abide by certain rules of conduct prohibiting illegal and other practices that Velvet Sundown deems harmful. You will not post or transmit prohibited Content, including any Content that is illegal, harassing or violates any person's rights.
You agree that you will not post or transmit content or code that may be harmful, impede other users' functionality, invade other users' privacy, or surreptitiously or negatively impact any system or network.
Dramagame exists only as long as and in the form that we may provide the Service, and all aspects of the Service are subject to change or elimination. We may suspend or terminate your Accounts upon a general suspension or discontinuation of the Service. You will lose access to your Account and all licenses, Content, and data upon termination, and you understand this is a risk of participating in the Service.
Velvet Sundown may on occasion need to interrupt the Service with or without prior notice. You agree that Tribe Studios will not be liable for any interruption of the Service (whether intentional or not). Likewise, you agree that in the event of data loss, we will not be liable for any purported damage or harm arising therefrom.
You may terminate your Accounts at any time.
We may suspend or terminate your Accounts for violation of this Agreement. Your rights to any compensation or recourse are limited to those provided herein. We may suspend or terminate your Account to protect the best interests of Dramagame and the Dramagame community or if we believe you pose an unacceptable risk to the Dramagame community.
Users whose Accounts have been closed may not access the System or play Dramagame in any manner or for any reason, including through any other Account, without the express written permission of Velvet Sundown. Users of active accounts may not knowingly allow former users whose Accounts have been closed to use the active user's Accounts.
The materials on Velvet Sundown Ltd.'s web site are provided "as is". Velvet Sundown Ltd. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Velvet Sundown Ltd. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Velvet Sundown Ltd. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Velvet Sundown Ltd.'s Internet site, even if Velvet Sundown Ltd. or a Velvet Sundown Ltd. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The materials appearing on Velvet Sundown Ltd.'s web site could include technical, typographical, or photographic errors. Velvet Sundown Ltd. does not warrant that any of the materials on its web site are accurate, complete, or current. Velvet Sundown Ltd. may make changes to the materials contained on its web site at any time without notice. Velvet Sundown Ltd. does not, however, make any commitment to update the materials.
Velvet Sundown Ltd. has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Velvet Sundown Ltd. of the site. Use of any such linked web site is at the user's own risk.
Any claim relating to Velvet Sundown Ltd.'s web site shall be governed by the laws of the City of Helsinki, Finland without regard to its conflict of law provisions.
Velvet Sundown Ltd.
Fredrikinkatu 45 A 3