Last updated December 14, 2022.
DIAGON Studios Ltd. (“the Company”, “us”, “we” or “our”). This Agreement set forth the terms and conditions that govern your use of and access to the Website, downloading and/or installing our application on your device and any products, materials, and services provided by or on the Website or available on our application (collectively, the “Services”). By accessing or using the Services, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use the Services and should not use the Services.
USE OF THE SERVICES
To use the Services, you must legally be able to enter into the Agreement. By using the Services, you represent and warrant that you meet the eligibility requirement. If you do not meet the requirement, you must not access or use our Services. You also represent and warrant that in your jurisdiction, you have the right, authority and capacity to enter into this Agreement on your behalf or the entity or organization that you represent. If you do not meet all these requirements, you may not use or access the Services.
We may update the Services, the Agreement, and any part of the Agreement at any time, for any reason, at our sole discretion. Once any part of the Agreement is updated and in effect, you will be bound by the Agreement if you continue to use the Services, including by accessing the Services. We may, at any time, and without liability to you, modify or discontinue all or part of the Services (including access to the Services via any third-party links). If you do not agree with any modifications to this Agreement, you must immediately stop accessing and using the Service. All changes will be effective immediately when posted on the Website and our application. It is imperative that same should be reviewed prior to accessing or using the Services. You agree that the Company shall have no liability to you or any third party for any losses or damages caused by the Services not being available, in whole or in part, at any time or for any period. You may contact us with questions about your use of the Services at firstname.lastname@example.org When you communicate with us electronically, you consent to receive communications from us electronically. You should review the Agreement from time to time to ensure that you understand the terms that apply to you when you access or use the Services.
To access or use the Services, you must be able to form a legally binding contract with us. Accordingly, you affirm that you are at least the age of majority in your jurisdiction and have the full right, power, and authority to enter into and comply with the terms and conditions of this Agreement on behalf of yourself and any company or legal entity for which you may access or use the Interface. Further to the above, you acknowledge that the Google account and every other third-party account necessary and associated with your DIAGON Account is yours. We may at any time require proof that you meet this condition in connection with your use of the Service. Failure to comply with this condition will result in the restriction or closure of your account and the potential loss of access to DGN tokens (Including the DGN Tokens) accumulated through your use of the service. This Service is not targeted at minors as we strongly encourage all parents and guardians to monitor the internet usage of their children and wards. Furthermore, you affirm that your access and use of the Services will fully comply with all applicable laws and regulations and that you will not access or use the Services to conduct, promote, or otherwise facilitate any illegal activity.
You may use the Application anonymously, but in order to access and use the rest of the Service (including, but not limited to accumulating and redeeming DGN Tokens, DGN tokens and Rewards, and to post any user content, You must create an account with DIAGON. By creating an Account with DIAGON, You agree to the following rules to protect the security of Your Account:
LICENSE TO USE OUR SERVICES
We grant you a license to use our Services. Contingent upon your ongoing compliance with the Agreement, we grant you a personal, worldwide, revocable, non-exclusive and non-assignable license to use the Service. The only purpose of this license is to allow you to use and enjoy the Services solely as permitted by these Terms. To use the Application, you must have a mobile device that is compatible with the Application. DIAGON does not warrant that the Application will be compatible with your mobile device. DIAGON hereby grants You a non-exclusive, non-transferable, revocable license to install and use an object code copy of the Application for one registered account on one mobile device or PC owned or leased solely by You. You may only play on one device at a time. You may not have multiple accounts, even if you have multiple devices. DIAGON also grants You a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to access and use those portions of the Service that are not part of the Application. Use of the Service shall be solely for Your own, private, non-commercial entertainment purposes and no other purpose whatsoever. DIAGON can terminate this license at any time and with or without any reason. If the Service or any part thereof is determined to be illegal under the laws of the jurisdiction in which You are situated, You shall not be granted any license to use the Application or any other part of the Service and must refrain from using it. You may not:
DIAGON TOKENS (DGN TOKENs)
Your use of the DIAGON Applications may allow you to earn DGN tokens, in various ways. In the event, DIAGON encounters issues with the game that impact the accumulation of DGN tokens, DIAGON reserves the right to review and correct any such errors. Upon listing, the DGN tokens can be exchanged for fiat currencies and other tradable pairs with adequate liquidity. Earnings will reflect immediately on the digital wallet of users. You acknowledge and agree that DIAGON shall have no liability for the loss of DGN tokens due to any unauthorized third-party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third-party activity. DIAGON owns, has licensed, or otherwise has rights to use all of the content that appears on or in the Service, including all such content owned by our Partners and their affiliates. Notwithstanding any provision to the contrary herein, you agree that You have no right or title in or to any content that appears in the Service, including without limitation the DGN tokens therein, whether “earned” in a game or “purchased” from DIAGON.
ACCUMULATING DGN TOKENS
In addition to playing games, You may accumulate DGN tokens on our platform by participating in the reward system as may be introduced from time to time.
USE OF DGN TOKENS
You may use the accumulated DGN tokens to purchase all kinds of rare, unique assets, including but not limited to NFTs, via the in-game marketplace, as well as myriads of products and services available in the DIAGON Shop-and-refill feature available on the DIAGON website and Application. Subject to this Agreement, Policies, and/or any other modification to this Agreement, DGN tokens may be withdrawable by users and suitable for swapping with vouchers, gift cards, or any other redeemable offering as may be provided by our partners.
If You do not use your Account by playing a game on a DIAGON Application or website to completion at least once every 6 months, Your Account will be deemed inactive. You can, at any time, reactivate Your Account by playing a game on a DIAGON Application or website to completion. When an Account has been deemed inactive, DIAGON may, at its discretion, expire any DGN tokens and/or DGN tokens accumulated by You. Once Your account is deemed inactive, any Rewards which have been purchased but not yet redeemed may also be expired at the discretion of DIAGON. YOU AGREE THAT DIAGON AND ITS PARTNERS AND AFFILIATES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY YOU AGAINST ANY LIABILITY FOR INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS (INCLUDING YOURSELF) OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM YOUR INACTIVITY ON THE SERVICE OR ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY PAYMENTS FROM DIAGON.
THIRD-PARTY PROVIDERS OF GOODS AND SERVICES
Occasionally, we partner with third parties to provide additional opportunities for You to use your DGN tokens. Our Partners reserve the right, in their sole discretion, to change, amend, suspend, cancel, or terminate any program they offer or any aspects and/or terms and conditions thereof, in whole or in part, at any time, with or without notice and for any or no reason. You hereby agree that DIAGON shall have no liability to You as a result of such action or any Rewards Partner.
DIAGON may terminate or suspend Your Account (including, but not limited to, suspending your ability to earn and redeem DGN tokens) and/or Your access to Service (including, but not limited to, restricting your ability to use the Applications) at any time, including for breach of these Terms, registering with temporary or disposable email services, registering with invalid emails, registering with private domains, using VPNs, playing a game on multiple devices simultaneously, or otherwise, without notice. Upon any such termination, Your access to the Service, including all User Content and DGN tokens, will be disabled and You will lose any DGN Tokens that you have accumulated. You may cancel Your Account at any time by discontinuing Your use of the Service and/or the Applications. DIAGON is in no way liable to You for the effects of any termination or cancellation on Your use of the Service or the DGN tokens You have accumulated.
NON-SOLICITATION; NO INVESTMENT ADVICE
All information provided in connection with your access and use of the Services is for informational purposes only. You should not take, or refrain from taking, any action based on any information contained on the Services or any other information that we make available at any time, including blog posts, data, articles, links to third-party content, discord content, news feeds, tutorials, tweets, and videos. Before making any financial, legal, technical, or other decisions involving the Services, you should seek independent professional advice from a licensed and qualified individual in your jurisdiction in the area for which such advice would be appropriate. The Services provide, or third parties may provide, links to other sites, applications, or resources. You acknowledge and agree that we are not responsible for the availability of such external sites, applications or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such site or resource.
ASSUMPTION OF RISK
The information presented on or through the Services is made available for general information purposes only. The Company does not warrant the accuracy, completeness, suitability or quality of any such information. Any reliance on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such information by you, any other user of the Services, or anyone who may be informed of any of its contents. Also, we are not responsible for the content or services of any third party, including, without limitation, any network, or applications, and we make no representations regarding the content or accuracy of any third-party services or materials. If you access any such resources or participate in any promotions, you do so at your own risk, and you understand that this Agreement does not apply to your dealings or relationships with any third parties. You expressly relieve us of any and all liability arising from your use of any such resources or participation in any such promotions.
INTELLECTUAL PROPERTY RIGHTS
We own all rights in the Services. We own any and all right, titles, and interests in and to the Services including, without limitation, any and all copyrights in and to any content, code, data, or other materials that you may access or use on or through the Services. We may use and share your feedback, comments, bug reports, ideas, or other feedback that you may provide about our Services, including suggestions about how we might improve our Services. You agree that we are free to use or not use any feedback that we receive from you as we see fit, including copying and sharing such feedback with third parties, without any obligation to you.
We reserve the right to restrict your access from engaging with the Services.
You agree that we have the right to restrict your access to the Services via any technically available methods if we suspect, in our sole discretion, that:
(a) you are using the Services for money laundering or any illegal activity;
(b) you have engaged in fraudulent activity;
(c) either you, as an individual or an entity, or your wallet address is listed on the Specially Designated Nationals and Blocked Persons List (“SDN List”), Consolidated Sanctions List (“Non-SDN Lists), or any other sanctions lists administered by OFAC, wanted list administered by the EFCC, or the red notice administered by the Interpol, or any other global or regional law enforcement agencies; or
(d) you have otherwise acted in violation of these Terms. If we have a reasonable suspicion that you are utilizing the Site for illegal purposes, we reserve the right to take whatever action we deem appropriate.
We do not guarantee the quality or accessibility of the Services.
As a condition to accessing or using the Services or the Services, you acknowledge, understand, and agree that from time to time, the Services may be inaccessible or inoperable for any reason, including, but not limited to equipment malfunctions, periodic maintenance procedures or repairs, causes beyond our control or that we could not reasonably foresee, disruptions and temporary or permanent unavailability of underlying blockchain infrastructure or unavailability of third-party service providers or external partners for any reason. You acknowledge and agree that you will access and use the Services, including, without limitation, the Services at your own risk. You should not engage in blockchain-based transactions unless it is suitable given your circumstances and financial resources. By using the Services, you represent that you have been, are and will be solely responsible for conducting your due diligence into the risks of a transaction.
UPDATES TO THE SITE AND SERVICE; MAINTENANCE
You acknowledge and agree that DIAGON may update the Service with or without notifying You. DIAGON may require that You accept updates to the Service and You may also need to update third-party software from time to time in order to receive the Service. DIAGON conducts maintenance work on its system from time to time. A portion, or sometimes all, of the features of the Service will not be available during maintenance periods. All problems encountered during the use of the Service, including those with regard to Your Account, can be reported to DIAGON when the problem is encountered by emailing us at email@example.com
CHANGES AND TERMINATION
We may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Service, including:
You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from:
(a) your access and use of the Services;
(b) your violation of any term or condition of this Terms, the right of any third party, or any other applicable law, rule, or regulation; and
(c) any other party's access and use of the Services with your assistance or using any device or account that you own or control
The Services are provided on an "AS IS" and "AS AVAILABLE" basis. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING (BUT NOT LIMITED TO) THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You acknowledge and agree that your use of the Services is at your own risk. We do not represent or warrant that access to the Services will be continuous, uninterrupted, timely, or secure; that the information contained in the Services will be accurate, reliable, complete, or current; or that the Services will be free from errors, defects, viruses, or other harmful elements. No advice, information, or statement that we make should be treated as creating any warranty concerning the Services. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Services.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR SUBSIDIARIES BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING (BUT NOT LIMITED TO) DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE PROPERTY, ARISING OUT OF OR RELATING TO ANY ACCESS OR USE OF THE INTERFACE, NOR WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE INTERFACE OR THE INFORMATION CONTAINED WITHIN IT. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ANY ACCESS OR USE OF THE INTERFACE; (C) UNAUTHORIZED ACCESS OR USE OF ANY SECURE SERVER OR DATABASE IN OUR CONTROL, OR THE USE OF ANY INFORMATION OR DATA STORED THEREIN; (D) INTERRUPTION OR CESSATION OF FUNCTION RELATED TO THE INTERFACE; (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE INTERFACE; (F) ERRORS OR OMISSIONS IN, OR LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF, AND ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR SUBSIDIARIES BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US IN EXCHANGE FOR ACCESS TO AND USE OF THE INTERFACE, OR USD$100.00, WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in this Agreement may not apply to you. Otherwise, this limitation of liability shall apply to the fullest extent permitted by law
We will use our best efforts to resolve any potential disputes through informal, good-faith negotiations. If a potential dispute arises, you must contact us by sending an email to (insert link…………………… ) so that we can attempt to resolve it without resorting to formal dispute resolution. If we aren't able to reach an informal resolution within sixty days of your email, then you and we both agree to resolve the potential dispute according to the process set forth below. Any claim or controversy arising out of or relating to the Services, this Agreement, or any other acts or omissions for which you may contend that we are liable, including (but not limited to) any claim or controversy as to arbitrability ("Dispute"), shall be finally and exclusively settled by arbitration under the Arbitration and Conciliation Act Cap A18 LFN 2004. You understand that you are required to resolve all Disputes by binding arbitration. The arbitration shall be held on a confidential basis before a single arbitrator, who shall be selected pursuant to Arbitration and Conciliation Act Cap A18 LFN 2004. The arbitration will be held in Lagos, Nigeria unless you and we both agree to hold it elsewhere. Unless we agree otherwise, the arbitrator may not consolidate your claims with those of any other party. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You must bring any and all Disputes against us in your individual capacity and not in any purported class action, collective action, or other representative proceedings. This provision applies to class arbitration.
You agree that the Laws of the Federation of Nigeria (LFN), without regard to principles of conflict of laws, govern this Agreement and any Dispute between you and us. You further agree that the Services shall be deemed to be based solely in Nigeria and that although the Services may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside Nigeria. Any arbitration conducted pursuant to this Agreement shall be governed by the Arbitration and Conciliation Act, Cap A18 LFN 2004. You agree that the Court is the proper forum for any appeals of an arbitration award or for court proceedings in the event that this Agreement's binding arbitration clause is found to be unenforceable.
No failure of the Company to exercise, or delay by the Company in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Headings and titles of sections, clauses, and parts in this Agreement are for convenience only. Such headings and titles shall not affect the meaning of any provisions of the Agreement.
NO AGENCY, PARTNERSHIP OR JOINT VENTURE
No agency, partnership, or joint venture has been created between you and the Company as a result of this Agreement. You do not have any authority of any kind to bind the Company in any respect whatsoever.
You shall not assign or delegate any of your rights or obligations under this Agreement without the prior written consent of the Company. Any purported assignment or delegation in violation of this Section shall be deemed null and void. No assignment or delegation shall relieve you of any of your obligations hereunder. The Company may freely assign or delegate its rights and obligations under this Agreement at any time. Subject to the limits on assignment stated above, this Agreement will inure to the benefit of, be binding on, and be enforceable against each of the parties hereto and their respective successors and assigns.
These terms constitute the entire agreement between you and us with respect to the subject matter hereof. This Agreement supersedes any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of the terms.
All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to the firstname.lastname@example.org