Daybreak Industries (“Daybreak Industries”/”we”/us”) OWNS AND OPERATES THE GAMES AND THE WEBSITE LOCATED AT daybreak.io, AND ANY RELATED SERVICES (COLLECTIVELY THE “SERVICES”). PLEASE READ THESE TERMS OF USE (“TERM”) CAREFULLY. BY USING THE SERVICES YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THE SERVICES OR ANY OF ITS CONTENT OR FEATURES. THESE TERMS ARE SUBJECT TO CHANGE AND YOUR USE OF THE SERVICES AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES ADDED TO THE SERVICES WILL BE SUBJECT TO THESE TERMS, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS.
GAMING & CONDUCT RULES
The Services are provided based on community, fairness, integrity and fun so please follow the rules and have fun! This section of the Terms sets out the rules around creating accounts, in-game features, and prohibited behaviour.
User Accounts.
Each user is limited to a single account per platform or device although we recommend that you maintain a single account across all platforms. If you choose to disregard this advice and maintain multiple accounts across different devices, none of your accounts may interact with one another in any way. If they are found to have interacted, one or more of the accounts may be banned, reset, or otherwise penalized.
General Conduct & Prohibited Acts.
Particular activities are against our rules and policies.You are not permitted to:
- a) Use the Games if you are a minor (under the age of 13).
- b) Select a name for your character that is disrespectful to other users.
- c) Use Bots, Auto-Clickers, Hacks or Exploits in the Games or engage in any other conduct prohibited in our Rules and Policies;
- d) Accuse other users of cheating through any communication channels within the Games. This includes the forums, players’ comments wall, player status messages, and chat. If you do suspect another player is cheating and have substantiated evidence, please notify us directly by filling out our contact form.
- e) Upload, post, email, transmit or otherwise make available:
- i. on the Services any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, sexually-explicit, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable,
- ii. any material that infringes any intellectual or other proprietary rights of any party (including privacy and publicity rights);
- iii. any material that You do not have a right to make available;
- iv. any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive (e.g. impersonating another user or our staff, or any material that could damage or harm minors in any way;
- v. any unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- vi. any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Services or that of any users or viewers of the Services or that compromises a user’s privacy,
g) intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
h) resell the content of the Services, the use of the Services or access to the Services or the content of the Services;
i) share Daybreak Industries-issued passwords with a third party or encourage another Daybreak Industries user to do so;
j) misrepresent the source, identity, or content of information transmitted via the Services, (such as claiming a created work as your own that is not actually yours);
k) use or encourage others to use the Services for any illegal or inappropriate purpose (such as sharing accounts – all accounts are for one user only);
l) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services;
m) modify the Services for your own personal or commercial purposes, including but not limited to, altering, adapting, licensing, sublicensing, or translating the Services;
n) attempt to circumvent our language filters which are in place to prevent derogatory remarks; or
o) Engage in any other conduct otherwise prohibited by these Terms.
Availability.
Daybreak Industries may alter, suspend, or discontinue the Services at any time and for any reason without notice. The Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Daybreak Industries may periodically add to or update the information and materials on the Services without notice. Daybrreak reserves the right to change and update the Games as and when Daybreak wishes to or deems it necessary.
INTELLECTUAL PROPERTY, OWNERSHIP AND CONTENT RULES
Daybreak values and protects IP. This Section of the Terms sets out details of ownership of information and technology used or provided through the Services.
Copyright and Trademark Information. The Services, and the information and materials that it contains, are the property of Daybreak and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All Daybreak product names and logos are trademarks or registered trademarks of Daybreak Inc. All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries. Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Services or any materials displayed on the Services through the use of framing or otherwise, except with the prior written permission of Daybreak. Feedback & Suggestions. If You provide Daybreak with any suggestions, comments or other feedback (“Feedback”), Daybreak may use such Feedback in the Services or in any other Daybreak products or services. Accordingly, You agree that: (a) Daybreak is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Daybreak, (c) Daybreak (including all of its successors and assigns) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from Daybreak or any of the other users of the Services. Content. All information, data, messages or other materials, whether publicly posted or privately transmitted to the Services, is the sole responsibility of such viewers or users. Daybreak does not control such content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Services, they may be exposed to materials that are offensive, indecent or objectionable. Partner Terms of Service. Daybreak abides by the terms of service of our platform partners including Facebook, Apple, Google, Android, and RIM. Please be aware of their terms and do not violate them as it may result in a ban.
LIABILITY AND RISK TERMS
In order to make the Services available to you, Daybreak must limit its liability as set out in these Terms.
Release. Because Daybreak does not supervise or control the interactions among or between members of Daybreak and other persons or companies, and because Daybreak does not control credit card companies or other payment processing companies, and because Daybreak cannot guarantee the true identity or age of users of the Services, and because Daybreak has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Services you agree that you bear all risk and you agree to release Daybreak (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) from claims, demands, and damages arising out of or in any way connected with your use of the Services or any third party transactions. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
DISCLAIMER. THE INFORMATION AND MATERIALS PROVIDED THROUGH THE SERVICES ARE PROVIDED “AS IS.” Daybreak DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THE SERVICES ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, OR (IV) THE SERVICES OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Daybreak SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. Daybreak DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY CONTENT OR MATERIALS PROVIDED THROUGH THE SERVICES, ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SERVICES OR IN RESPECT TO ANY SERVICES THAT CAN BE REACHED FROM A LINK ON THE SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE SERVICES, AND Daybreak SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Daybreak SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THE SERVICES OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE SERVICES, (IV) PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE SERVICES OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES. THESE LIMITATIONS SHALL APPLY EVEN IF Daybreak HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
INDEMNIFICATION. YOU SHALL INDEMNIFY AND HOLD Daybreak AND ITS AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICES, ANY VIOLATION BY YOU OF THESE TERMS, OR ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY).
GENERAL TERMS
This section sets out other useful information and legal terms you should be aware of when using the Services.
Links to Third-Party Services. The Services may contain links to other Services that are not owned or controlled by Daybreak. Daybreak is not responsible for the content of any linked Services. Any third-party Services, or services accessed from the Services, are subject to the terms and conditions of those Services, and You are responsible for determining those terms and conditions and complying with them.
Termination. Daybreak may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Services or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or any other agreement that You may have with Daybreak (including, without limitation, non-payment of any fees owed in connection with the Services), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the Services (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the Services may also include removal of some or all of the materials uploaded by You to the Services. You acknowledge and agree that all terminations may be made by Daybreak in its sole discretion and that Daybreak shall not be liable to You or any third-party for any termination of Your access to the Services or for the In the event that your account is terminated or cancelled by you or by Daybreak, no refund will be granted and you will no longer have access to Site Content. Any termination of these Terms by Daybreak shall be in addition to any and all other rights and remedies that Daybreak may have.
Security. Information sent or received over the Internet is generally not secure and Daybreak cannot and does not make any representation or warranty concerning security of any communication to or from the Web site or any representation or warranty regarding the interception by third parties of personal or other information.
Enforceability. If any part of these Terms is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure of Daybreak to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Daybreak must be in writing and shall only apply to the specific instance identified in such writing.
Disputes. You agree that any action at law or in equity arising out of, or relating to, these Terms or Daybreak will be filed only in the provincial court of Ontario or in the Federal courts, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. Daybreak does not get involved in player-to-player disputes. Our focus is to make the game as fair and balanced as possible and we are committed to doing this on an ongoing basis
Updates. Daybreak reserve’s the right, at any time, to modify, suspend, or discontinue the Services, the Services content, or any part thereof with or without notice. You agree that Daybreak will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or the Services content.
Entire Agreement. These Terms, together with our Privacy Policy and Rules and Policies constitutes the entire agreement between the parties relating to the Services and all related activities. These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms issued by Daybreak.
Should you have any questions or concerns regarding these Terms, please contact us through our website at daybreak.io.
Contact Us
If you have any questions, comments or suggestions, please contact us at contact@daybreak.io.
Date: July 8, 2014