Terms of Service

The terms of this agreement (“Terms of Service”) govern the relationship between you and dlCoderDrafts games and its affiliates (hereinafter “dlCoderDrafts games” or “Us” or “We”) regarding your use of dlCoderDrafts games’ games, websites and related services (the “Service”). Use of the Service is also governed by dlCoderDrafts games’ Privacy Policy, which is incorporated herein by reference.

Before accessing or using the Service, including browsing any dlCoderDrafts games website or accessing a game, you must agree to these Terms of Service and the Privacy Policy. Using the Service, you represent that you are age 13 or older and you understand and agree to these Terms of Service. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms. If you access the Service from a Social Networking Site (“SNS”), such as Facebook, you shall comply with its terms of service/use as well as these Terms of Service.

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

dlCoderDrafts games reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended terms on the dlCoderDrafts games Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the dlCoderDrafts games Privacy Policy, or any other dlCoderDrafts games policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.

1. LICENSE

1.1. Grant of a Limited License to Use the Service

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant dlCoderDrafts games policies, dlCoderDrafts games grants you a non-exclusive, non-transferable, non-sub licensable, revocable limited license subject to the limitations below to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose

The following restrictions apply to the use of the Service:

• You shall not create an Account or access the Service if you are under the age of 13; You shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. paypal) by minors;


• You shall not have more than one Account at any given time, and shall not create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by dlCoderDrafts games, or previously been banned from playing any dlCoderDrafts games game;


• You shall use your Account only for non-commercial purposes; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive messages to anyone;



Username and Password

During the Account creation process, you will be required to select a password (“Login Information”). You shall not share the Account or the Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify dlCoderDrafts games and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.




dlCoderDrafts games reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.




License Limitations

Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.




You agree that you will not, under any circumstances:



• Engage in any act that dlCoderDrafts games deems to be in conflict with the spirit or intent of the Service or make improper use of dlCoderDrafts games’ support services.


• Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any dlCoderDrafts games apps or any dlCoderDrafts games products experience or without dlCoderDrafts games’ express written consent, modify or cause to be modified any files that are a part of the Service or any dlCoderDrafts game.


• Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any dlCoderDrafts games environment.


• Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.


• Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by dlCoderDrafts games, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.


• Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.


• Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.


• Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including dlCoderDrafts games employees, including dlCoderDrafts games’ customer service representatives.


• Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a dlCoderDrafts games employee.


• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any dlCoderDrafts games, or to obtain any information from the Service or any dlCoderDrafts games game using any method not expressly permitted by dlCoderDrafts games.


• Solicit or attempt to solicit personal information from other users of the Service or any dlCoderDrafts games game or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.



dlCoderDrafts games reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. dlCoderDrafts games reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service.

1.2. Suspension and Termination of Account and Service

WITHOUT LIMITING ANY OTHER REMEDIES, DLCODERDRAFTS GAMES MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO REDBIT GAMES SERVICES OR PORTIONS THEREOF IF YOU ARE, OR DLCODERDRAFTS GAMES SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND DLCODERDRAFTS GAMES IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

DLCODERDRAFTS GAMES RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

2. OWNERSHIP

2.1. Games and Service

All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a dlCoderDrafts games client, and the dlCoderDrafts games clients and server software) are owned by dlCoderDrafts games. dlCoderDrafts games reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.

2.2. Accounts

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF DLCODERDRAFTS GAMES.

2.3. Virtual Items

You may purchase with “real world” money a limited non-transferable, non-sub-licensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash, in-game coins, and all other kinds of in-game monies, all for use in the games; (b) virtual in-game items (virtual currency and virtual in-game items referred to collectively as “Virtual Items”); and (c) other goods or services (“Merchandise”) within the Services for your personal and non-commercial entertainment. You are only allowed to purchase Virtual Items from dlCoderDrafts games or its authorized partners through the Services, and not in any other way.

You understand that dlCoderDrafts games has the absolute right to manage, regulate, control, modify or eliminate Virtual Items and may revoke your access to it at any time and for any reason, with or without notice. dlCoderDrafts games shall have no liability to you or any third party in the event that dlCoderDrafts games exercises any such rights. You have no claim, right, title, proprietary, or ownership interest in any of the Virtual Items regardless of any consideration paid for those virtual items.

Except where explicitly authorized by dlCoderDrafts games, (i) transfers of Virtual Items to other user accounts are strictly prohibited; (ii) outside of the Services, you may not buy or sell any Virtual Items for “real world” money or otherwise exchange items for value; and (iii) dlCoderDrafts games does not recognize any such purported transfers of Virtual Items, nor the purported sale, gift or trade in the “real world” of anything that appears in the Services. Any attempt to do any of the foregoing is in violation of these Terms of Services and will result in an automatic termination of your rights to use the Virtual Items and may result in termination of your Account. All Virtual Items are forfeited if your Account is terminated or suspended for any reason, or if dlCoderDrafts games discontinues providing the Services.

You agree that you won’t assert or bring any claim against dlCoderDrafts games, its affiliates, directors, officers, employees, agents or licensors relating to (i) a claim that you own any Virtual Items; (ii) a claim for an alleged monetary value of Virtual Items lost upon deletion or suspension of your account or modification, termination or expiration of these terms.

2.4. User Content

“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through the Services, or that other users upload or transmit, including, without limitation, any forum postings and/or chat text. You hereby grant to dlCoderDrafts games and its licensors, including, without limitation, its respective successors and assigns, a non-exclusive, perpetual, irrevocable, sub-licensable, transferable, worldwide, paid-up right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice such User Content as well as all modified and derivative works thereof, without compensation to you. dlCoderDrafts games will not have any liability or responsibility for any user behavior, or for monitoring User Content or inappropriate conduct in the Services. User Content submitted on the services is not screened or monitored by dlCoderDrafts games. The users of the Services bear all risk associated with its use including but not limited to exposure to offensive and indecent content.

Though it is not obligated to, dlCoderDrafts games reserves the right in its sole discretion to monitor, prohibit, review, edit, delete, disable access to, or make unavailable any User Content without notice for any reason or for no reason at any time, and it will do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. By accepting the Terms of Services, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat, text, or voice communications.

3. USER CONTENT

3.1. Content Screening

dlCoderDrafts games assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.

By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.

If at any time dlCoderDrafts games chooses, in its sole discretion, to monitor the Service, dlCoderDrafts games nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.

3.2. Information Use by Other Members of the Service

3.2.1. Public Discourse

The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. dlCoderDrafts games cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. dlCoderDrafts games shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.




3.2.2. Responsible For Your Own Content

You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. dlCoderDrafts games may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of dlCoderDrafts games violates these Terms of Service.

3.3. License

You hereby grant to dlCoderDrafts games an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to dlCoderDrafts games the right to authorize others to exercise any of the rights granted to dlCoderDrafts games under these Terms of Service. You further hereby grant to dlCoderDrafts games the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. dlCoderDrafts games does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. dlCoderDrafts games has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

3.4. User Interactions

You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or dlCoderDrafts games’ products. dlCoderDrafts games reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with dlCoderDrafts games to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting dlCoderDrafts games access to any password-protected portions of your Account.

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”

4. FEES AND PURCHASE TERMS

4.1. Purchases

In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sub licensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash or diamonds, all for use in dlCoderDrafts games’ products; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”). You may also obtain a license to use Virtual Items by redeeming third party virtual currency such as Facebook Credits.

dlCoderDrafts games may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. dlCoderDrafts games shall have no liability to you or any third party in the event that dlCoderDrafts games exercises any such rights.

The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to dlCoderDrafts games, another user or any third party.

ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.

The provision of Virtual Items for use in dlCoderDrafts games’ products is a service provided by dlCoderDrafts games that commences immediately upon acceptance by dlCoderDrafts games of your purchase.

4.2. Payment of Fees

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. dlCoderDrafts games may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT DLCODERDRAFTS GAMES IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

5. UPDATES TO THE SERVICE

You understand that the Service is an evolving one. dlCoderDrafts games may require that you accept updates to the Service and to dlCoderDrafts games’ products you have installed on your computer. You acknowledge and agree that dlCoderDrafts games may update the Service and dlCoderDrafts games products, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play dlCoderDrafts games’ products.

6. DISCLAIMER OF WARRANTIES

WITHOUT LIMITING DLCODERDRAFTS GAMES’ LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. DLCODERDRAFTS GAMES DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

7. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION

DLCODERDRAFTS GAMES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DLCODERDRAFTS GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DLCODERDRAFTS GAMES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO DLCODERDRAFTS GAMES IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO DLCODERDRAFTS GAMES DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND DLCODERDRAFTS GAMES’ EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH DLCODERDRAFTS GAMES IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that dlCoderDrafts games may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of dlCoderDrafts games’ liability shall be the minimum permitted under such applicable law. IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF DLCODERDRAFTS GAMES.

You agree to indemnify, defend and hold dlCoderDrafts games harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

8. DISPUTE RESOLUTION AND LAW

If a dispute arises between you and dlCoderDrafts games, we strongly encourage you to first contact us directly to seek a resolution by info@dlcoderdrafts.com. If you are a resident of the United States, these Terms of Service and any dispute arising out of or related to it or Privacy Policy or the Service shall be governed in all respects by Italy law, without regard to conflict of law provisions. You agree that any claim or dispute you may have against dlCoderDrafts games must be resolved exclusively by a court located in Atessa, Italy. If you are a resident outside of the United States, you agree that all disputes between you and dlCoderDrafts games shall be governed by the laws of Italy, without regard to conflict of law provisions. You agree that any claim or dispute you may have against dlCoderDrafts games must be resolved exclusively by a court located in Atessa, Italy.

9. SEVERABILITY

You and dlCoderDrafts games agree that if any portion of these Terms of Service or of the dlCoderDrafts games Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

10. GENERAL PROVISIONS

10.1. Assignment

dlCoderDrafts games may assign or delegate these Terms of Service and/or the dlCoderDrafts games Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without dlCoderDrafts games’ prior written consent, and any unauthorized assignment and delegation by you is ineffective.

10.2. Supplemental Policies

dlCoderDrafts games may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

10.3. Entire Agreement

These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein (including the dlCoderDrafts games Privacy Policy), contain the entire understanding of you and dlCoderDrafts games, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

10.4. No Waiver

The failure of dlCoderDrafts games to require or enforce strict performance by you of any provision of these Terms of Service or the dlCoderDrafts games Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of dlCoderDrafts games’ right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by dlCoderDrafts games of any provision, condition, or requirement of these Terms of Service or the dlCoderDrafts games Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by dlCoderDrafts games shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of dlCoderDrafts games.

10.5. Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms of Service to dlCoderDrafts games are of a unique and irreplaceable nature, the loss of which shall irreparably harm dlCoderDrafts games and which cannot be replaced by monetary damages alone so that dlCoderDrafts games shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any dlCoderDrafts games, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).

10.6. Force Majeure

dlCoderDrafts games shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of dlCoderDrafts games, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond dlCoderDrafts games’ control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.