By participating in the registration process, you (hereafter known as player) are indicating your agreement to be bound by all of these Terms of Service. The Dragon Empire LLC (hereafter known as The Dragon Empire) reserves the right to modify these terms and conditions at any time without notice. Player's continued use of The Dragon Empire constitutes player's affirmation of and agreement to these modifications.
1. Players are limited to one free account per person. A player may pay a fee to upgrade their free account but a player may not have more than one account (free or upgraded). Any player found in violation will have any and all accounts frozen. Additionally; b. Any player upgrading a free account must be at least 18 years of age.
c. Permission to authorize the upgrading of a free account for any player less than 18 years of age must be given in writing to The Dragon Empire by the player's parent/legal guardian and must notate an authorization for payment.
d. Player agrees that they will not sell, trade, assign nor giveaway their account. Player must either maintain their account or terminate their account.
e. A player's upgraded account shall revert to a free account upon non-payment of upgrading fee.
f. Any player who has been inactive on a free account for a six month period shall have their account archived for an additional six month period at which time said account shall be deleted from the system. Re-activation of an archived account may be requested through The Dragon Empire administration. Re-activation of a deleted account is not allowed. Any dragons, items, site currency, artwork, graphics, etc. in an account that is to be deleted are the exclusive property of The Dragon Empire.
g. Under no circumstances shall The Dragon Empire refund any fees or monies for any account upgrades or site currency purchases. 2. All coding, text, graphics and site related creations are the property of The Dragon Empire and are protected under USC Title 17 Copyright. Player agrees that they may not and will not copy, edit, sell, trade, auction, redistribute nor claim any coding, text, graphics, logos or site related creations as their own however; a. Dragon graphics (meaning the specific graphics for each dragon breed, inclusive of eggs, juvenile and adult dragon graphics only) may be edited and/or used to create avatars or tags (max size 150x150 pixels) for use on The Dragon Empire or any other site. Player agrees not to claim these graphics as their own nor as a derivative and must show a legible credit to The Dragon Empire (as noted below) on any created avatars or tags used on any other site other than The Dragon Empire:
Copyrighted © The Dragon Empire LLC
b. The Dragon Empire Fan art may be used on other sites but must not be claimed as player's own nor sold; must show a legible credit to The Dragon Empire (as noted below) on any fan art used on any other site other than The Dragon Empire and, upon creation become the property of The Dragon Empire and are protected under USC Title 17 Copyright:
Copyrighted © The Dragon Empire LLC
c. The Dragon Empire themed adoptables may be created and sold only for site credits, traded and auctioned exclusively on The Dragon Empire site only and upon creation become the property of The Dragon Empire and are protected under USC Title 17 Copyright. Cosplaying characters and representations of copyrighted characters are not allowed on The Dragon Empire without the express written authorization of the copyright holder. Any such creation or display on the Dragon Empire of any cosplayed character and/or copyrighted representations becomes the sole responsibility of the player with regards to any legal actions which may result from such creation or display.
d. Trading of The Dragon Empire site currency and/or items by players for other game site currency and/or items is allowed so long as the trade is reciprocally allowed by the other site in question. 3. Player agrees not to transmit through The Dragon Empire, any unlawful, harassing, libelous, defamatory, abusive, threatening, menacing, harmful, vulgar, obscene, offensive, religious, political, pornographic, illegal or otherwise objectionable material of any kind or nature nor to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
4. Player agrees that they are solely and entirely responsible to maintain the confidentiality of their User identification and password. Furthermore, player agrees that they are entirely responsible for any and all activities which occur under their User identification and password. Player agrees that they will not disclose any personal information (e.g. name, phone number, address, etc.) nor post any personal photographs on The Dragon Empire. Player agrees to immediately notify The Dragon Empire administration of any unauthorized use of player's User identification or any other breaches of security known to player.
5. Player agrees that if they enter into correspondence with or participate in any promotions with any other player (e.g. trades, sales, adoptable purchases, contests, giveaways, etc.) that any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding players. The Dragon Empire assumes no liability, obligation or responsibility for any part of any such correspondence or promotion, however, The Dragon Empire reserves the right to; (1) upon request from an involved player, review any dispute between players regarding any such correspondence or promotion; and (2) fine or manipulate any corresponding player's site currency, items and/or graphics and/or freeze temporarily or terminate any corresponding player's account at The Dragon Empire's sole discretion including for but not limited to the following; a) Begging, harassing, flaming another player.
b) Spamming other players.
c) Swearing.
d) Stealing, theft or taking advantage of an unknown programming bug. d) Any rules notated in the Admin Announcements-Game Rules post in The Dragon Empire Forums section.
6. Player agrees that site currency (including but not limited to gold nuggets [GN] or Imperial Dragon Coins [IDC]) are credits made available to players that can be used on The Dragon Empire and are not considered legal currency nor legal tender. Player agrees that site currency cannot be redeemed for cash and are void where prohibited by law.
7. Player agrees that any attempts to gain unauthorized access to other computer systems are prohibited. Player agrees that they are solely responsible for the contents of their transmissions through The Dragon Empire. Player's use of this site is subject to all applicable local, state, national and international laws and regulations. Player agrees: (1) to comply with all US and International law regarding the transmission of technical data exported from the United States through The Dragon Empire; (2) not to use The Dragon Empire for illegal purposes; (3) not to interfere or disrupt networks connected to The Dragon Empire; and (4) to comply with all regulations, policies and procedures of networks connected to The Dragon Empire.
8. Player agrees that any third-party website or resource links provided on The Dragon Empire shall not constitute The Dragon Empire's responsibility or liability for any of these third-party services or products. Links to such websites or resources do not imply any endorsement by The Dragon Empire of such websites or resources. Player acknowledges sole responsibility for and assumes all risk arising from the use of any such website or resource.
9. Player agrees that any and all legal actions involving The Dragon Empire, its parents, subsidiaries, affiliates, administration, officers, employees and agents, shall be governed by the laws of the State of New Mexico and the United States. Furthermore, player agrees that any and all legal action involving The Dragon Empire, its parents, subsidiaries, affiliates, administration, officers, employees and agents, shall be subject to the exclusive jurisdiction of the Luna County Magistrate Court, the Sixth Judicial District Court of New Mexico, the New Mexico Court of Appeals, the New Mexico Supreme Court, the U.S. District Court-District of New Mexico, the U.S. Court of Appeals-Tenth Circuit, and the U.S. Supreme Court.
10. If any provision of this Agreement is held to be invalid, illegal or unenforceable under governing law, then such provision shall be automatically modified to the extent necessary to make it valid, legal and enforceable while preserving the intent of the terms of service, and all other provisions of these terms of service shall be regarded as fully valid and enforceable unless otherwise proved.
11. Should player object to any of these Terms of Service or any subsequent modifications thereto or become dissatisfied with The Dragon Empire in any way, player's only recourse is too immediately: (1) discontinue use of The Dragon Empire; and (2) Notify The Dragon Empire administration of said discontinued use.
Player agrees to indemnify and hold The Dragon Empire, its parents, subsidiaries, affiliates, administration, officers, employees and agents, harmless from any claim or demand, including reasonable attorney's fees and/or accountant's fees, made by any third party due to or arising out of their use of this site, the violation of these Terms of Service by any other registered player, or the infringement by any other player, or other user of their computer, of any intellectual property or other right of any person or entity. Player expressly agrees that use of The Dragon Empire is provided on an "as is" and "as available" basis. The Dragon Empire expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Dragon Empire makes no warranty that The Dragon Empire will meet player's requirements, nor that The Dragon Empire will be uninterrupted, timely, secure, or error free; nor does The Dragon Empire make any warranty as to the results that may be obtained from the use of The Dragon Empire nor as to the accuracy or reliability of anything obtained through The Dragon Empire nor that defects in the software will be corrected. The Dragon Empire makes no warranty regarding any goods or services purchased or obtained through The Dragon Empire nor any transactions entered into through The Dragon Empire. No advice or information, whether oral or written, obtained by player from The Dragon Empire or through its parents, subsidiaries, affiliates, administration, officers, employees or agents shall create any warranty not expressly made herein. The Dragon Empire shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use The Dragon Empire nor for cost of procurement of substitute goods and services, or resulting from any goods or services purchased or obtained, or messages received or transactions entered into through The Dragon Empire or resulting from unauthorized access to, or alteration of player's transmissions or data, including but not limited to, damages for loss of any graphics, items and/or site currency, data or other intangible, even if The Dragon Empire has or had been advised of the possibility of such damages.
Enacted 07/17/2008
Indemnification
Disclaimer of Warranties
Limitation of Liability