Terms of Service

Terms of Service

This Site is owned and operated by DF Interactive Pte Ltd (referred to as “DF Interactive”).

These Terms of Service (“Terms”) govern the use of (i) DFIGAMES.COM and its associated websites and services (individually and together, the “Site”) as well as (ii) certain applications, services or software, and content such as games and other content for use therewith, either at no charge or for a fee (such applications, services, software and any related content provided by DF Interactive or its licensors are referred to herein collectively as “Applications”).

These Terms include all supplemental terms which may be included in other parts of the Site (for example, the terms which govern our online game forums and other services which you may elect to use) as well as our Privacy Policy, all of which are integral parts of these Terms and incorporated into this document by reference.

PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS SITE OR ANY APPLICATIONS OR SERVICES AVAILABLE FROM IT.

By using this Site, or using Applications, or clicking on a button indicating your consent, you agree to these Terms as well as all supplemental terms and our Privacy Policy. If you do not agree to these Terms, you do not have permission to use the Site. DF Interactive reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time. Notification of changes to these Terms will be posted on the Site or sent via email. If any future changes to these Terms are unacceptable to you, you must discontinue use of the Site.

You may also be subject to additional terms and conditions when you use third-party content, services, or software (including Applications) accessed through or promoted on the Site.

1. REGISTRATION

In consideration of your use of the Site and/or the Applications, you agree to provide true, accurate and complete information about yourself as prompted by the Site registration process. In addition, you agree to update your information in order to maintain its truth, accuracy and completeness. DF Interactive may deny you access to the Site and the Applications in the event that the information that you have provided is untrue, inaccurate or incomplete.
2. ELECTRONIC COMMUNICATIONS

All transactions with or through the Site or DF Interactive may, at DF Interactive’s option, be conducted electronically. When you visit our Site or send emails to us, you are communicating with us electronically. By signing up for an account, you consent to receive communications from us electronically concerning your account and our services. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. PRIVACY AND DATA COLLECTION

Your privacy is important to us. Please carefully review our Privacy Policy for information relating to DF Interactive’s collection and use of personal information. Our Privacy Policy is available at http://passport.dfigames.com/support/privacy.aspx. When you connect to our Site and/or use our Applications, we may retrieve information from the computer used to log onto our Site and/or services. The information we collect may include information about the computer's hardware system and any data related to the computer's operation of DF Interactive’s Applications or use of the Site. We will not collect any personal information about you, however, without your knowledge and consent as stated in our Privacy Policy. You understand, acknowledge and agree that your communications on the Site are not private or confidential, and may be viewed and used by others accessing our Site.
4. PASSWORD OBLIGATIONS

All content or instructions transmitted by or received from anyone presenting your password on the Site or to access Applications will be deemed binding on you. You agree that you are solely liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible. If you suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact DF Interactive immediately to authorise DF Interactive to deny access to the Site to anyone else presenting your password.
5. LIMITED NON-COMMERCIAL LICENSE TO USE SITE

DF Interactive hereby grants you the limited right to view and use the Site only for the purposes of viewing or playing content such as games, animations, or other such content that may appear on the Site, placing product orders or for accessing information, Applications and services. DF Interactive reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site as described in Section 17. This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to DF Interactive.

Unless you have received specific written permission from DF Interactive, you may not (a) “frame” or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Site or (b) alter or modify any content on the Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Site and/or Applications for any commercial purpose.
6. USER CONTENT LICENSE AND USER CONDUCT RULES

In exchange for DF Interactive’s enabling your contribution of content to the Site (e.g., in user forums, and other areas which have been authorized by DF Interactive), you expressly grant to DF Interactive a non-exclusive, perpetual, worldwide, complete and irrevocable right to quote, re-post, use, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant DF Interactive all licenses, consents and clearances to enable DF Interactive to use such content for such purposes. You waive, and agree not to assert any moral or similar rights you may have in such content.

If the DF Interactive service on which you contribute content permits other users to access and use that contributed content as part of the DF Interactive service, then you also grant all other users of the relevant DF Interactive service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your contributed content on or through the relevant DF Interactive service without further notice, attribution or compensation to you.

All user content is subject to the following conditions:
  • You understand that all user feedback, data, comments, suggestions, information, text, data, messages and other materials of any nature (“Materials”) that are transmitted to or via the Site are the sole responsibility of the person from which the Materials originated. This means you, and not DF Interactive, are entirely responsible for the Materials you transmit through the Site. Further, you understand that by using the Site you may be exposed to Materials that are offensive, objectionable or indecent.
  • You shall not create a user name or publish, transmit, send, or post any Materials which are indecent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law.
  • Your Materials, user name and/or screen name will not disparage in any manner DF Interactive, its Licensors, or their Applications, products, or services and sites.
  • Your Materials shall not infringe the copyright, trademark, publicity/privacy right or other intellectual property right of any third party.
  • You shall not publish, transmit, send, or post any Materials that are directly or indirectly commercial in nature or contain any solicitation of funds, promotion, advertising or solicitation for goods or services. You specifically acknowledge that soliciting other users to join or become users or members of any commercial online web site or other organization is expressly prohibited.
You acknowledge that (i) DF Interactive does not pre-screen any Materials posted by you or other users, and (ii) DF Interactive and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Materials. DF Interactive and its designees shall have the unilateral right to remove any Materials that violate the Terms or are otherwise objectionable, as well as terminate your access to the Site. DF Interactive may establish practices and limits concerning the use of the Site and Applications. You agree that DF Interactive has no liability or responsibility for the storage or deletion of any Materials that you submit or post. DF Interactive reserves the right to change these general practices and limitations at any time in its sole discretion, with or without notice.
7. LIMITED NON-COMMERCIAL LICENSE TO USE APPLICATIONS

DF Interactive may offer you the ability to use certain Applications. For example, DF Interactive may provide chat areas, bulletin boards, e-mail functions, software and services such as downloadable games that allow you to download specific content from the Sites to your computer, multi-player games and other related software and Applications. Without limiting your obligations and the restrictions described in Sections 5 and 6, your limited license to the Applications is subject to the following conditions:
  • The Applications that are made available to you are the copyrighted work of DF Interactive and/or its suppliers. The use of each application is governed by the end user license agreement (“EULA”) that accompanies or is included in the Application or is expressly stated on the Site pages accompanying the Application and these Terms. In the event that no EULA accompanies the Application, then the Terms shall govern your use of the Application. You may not download or use any Application from the Site without agreeing to the EULA, if any, and these Terms. Certain Applications may be owned by third parties and distributed under a third party EULA and you agree that DF Interactive shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.
  • Unless expressly stated otherwise in the EULA, you are granted only a limited license to download and/or use the Application from a single computer for personal and non-commercial purposes. You may not make copies of or distribute the Application or electronically transfer the Application from one computer to another or over a network, nor may you separate any content from an associated Application. You may not decompile, reverse engineer, disassemble or otherwise reduce the Application to human perceivable form. You may not rent, lease or sublicense the Application. You may not create derivative works of the Application. All rights in Applications not specifically granted to you in writing by DF Interactive are reserved to DF Interactive.
  • DF Interactive may cease support of any Application at any time in its sole discretion, as further described in Section 17.
  • Applications you use or download from the Sites may contain third party digital rights management systems (“DRMS”) which may allow for communication between your software and the third party and utilize security features (e.g., preventing distribution of or access to the Applications in the event of unauthorized use). These DRMS are subject to their own license agreements and you agree that DF Interactive shall not be responsible for any loss or damage of any sort relating to the use of the DRMS or your dealings with such third parties. The Applications may also contain DRMS produced by DF Interactive which allow for communication between the Applications you use or download and our systems and which collect information describing your computer system in order to prevent illegal or unauthorized use of the Applications.
8. COPYRIGHTS AND TRADEMARKS

EXCEPT AS EXPRESSLY PROVIDED HEREIN BY THESE TERMS, NEITHER DF INTERACTIVE, ITS AFFILIATES, NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL OR OTHERWISE, ANY OTHER LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER PROPRIETARY RIGHTS TO USE THE SITE OR ANY APPLICATIONS OFFERED ON THE SITE. NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU.

DF Interactive will not tolerate copyright infringement and reserves the right to block, disable, or otherwise remove any content or materials uploaded to the Site as well as terminate access to the Site if you engage in copyright or other intellectual property infringement. The law provides for civil and criminal penalties for copyright and other intellectual property law infringements. Displaying, performing, storing, copying, distributing, or otherwise making available or using any content from the Site or Applications is prohibited, unless specifically authorized by DF Interactive. Accordingly no such content or Applications may be used on another web site without express written permission from DF Interactive.
9. YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant for the benefit of DF Interactive, DF Interactive suppliers, and any third parties mentioned on the Site, in addition to other representations and obligations contained in these Terms, that: (a) you possess the legal right and ability to enter into and make the representations and warranties contained in these Terms; (b) all information submitted by you to the Site is true and accurate; (c) you will keep your registration information current; (d) you will be responsible for all use of your password even if such use was conducted without your authority or permission; (e) you will not use the Site for any purpose that is unlawful or prohibited by these Terms; (f) you are the owner of the Materials and they are original to you; (g) you will conduct yourself with integrity while on our Site and conducting business with our third party payment providers; (h) the Materials do not infringe any third party right, such as copyright, trademark, and publicity/privacy right; and (i) the Materials do not constitute defamation or libel or otherwise violate the law.
10. INDEMNITY

You agree to indemnify and hold DF Interactive, its parent company, affiliates, officers, agents, partners and employees harmless from any claim or demand, including reasonable attorneys fees, arising out of your content and materials, any unauthorized use of the Site and/or Applications, your violation of these Terms or your violation of any third party’s rights including such party’s copyrights and trademarks.

Without limiting the generality of the foregoing, you agree to indemnify and hold DF Interactive harmless for your breach of the representations and warranties set forth above under Sections 9 (a) through (i), and any improper or illegal use of your account, including the illegal or improper use of your account by someone to whom you have given permission to use your account.

DF Interactive reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to DF Interactive in that matter. This Section shall survive termination of this Terms of Service.
11. DISCLAIMER OF WARRANTIES

EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND DF INTERACTIVE, THE SITE AND APPLICATIONS OFFERED AT OR THROUGH THE SITE, AND APPLICATIONS ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND AND WITH ALL RISKS. DF INTERACTIVE HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, APPLICATIONS, OR RELATED INFORMATION. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORTS REQUIRED IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION IS BORNE BY YOU. IN ADDITION, DF INTERACTIVE DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION.
12. ASSUMPTION OF RISKS

YOU ASSUME ALL RISKS THAT THE SITE, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR APPROPRIATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY PARTICIPATING IN MULTI-PLAYER GAMES OR VISITING CHAT ROOMS YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT DF INTERACTIVE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.
13. NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES

TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER DF INTERACTIVE NOR ANY OF DF INTERACTIVE’S AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE, APPLICATIONS OR RELATED INFORMATION, OR TO ANY BREACH OF THESE TERMS, EVEN IF DF INTERACTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY.
14. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY

YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY DF INTERACTIVE OR ANY OF DF INTERACTIVE’S AFFILIATES OR AGENTS SHALL BE, AT DF INTERACTIVE’S OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON DF INTERACTIVE; OR (2) REFUND OF THE AMOUNT THAT YOU PAID TO DF INTERACTIVE. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
15. LINKS; ADVERTISERS

The Site contains links to third party sites that are not under the control of DF Interactive and DF Interactive is not responsible for any content on any linked site. If you access a third party site from the Site, then you do so at your own risk. DF Interactive provides links only as a convenience and the inclusion of the link does not imply that DF Interactive endorses or accepts any responsibility for the content on those third party sites. Additionally, your dealings with or participation in promotions of advertisers (If any) found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that DF Interactive shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
16. OWNERSHIP

The Site, Applications, and related information are the exclusive property of DF Interactive or its suppliers. All rights not licensed herein are hereby reserved to DF Interactive or its suppliers.

17. TERMINATION OR CANCELLATION OF SITE ACCESS; MODIFICATIONS TO SITE AND APPLICATIONS

If you violate these Terms, DF Interactive may terminate or cancel your access rights to the Site and/or Applications immediately without notice and without refund. DF Interactive may also block your use of the Site and/or Applications or direct you to cease using it. DF Interactive reserves the right at any time to modify or discontinue the Site, Applications, or any part thereof. Further, you agree that DF Interactive shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, Applications, or any part thereof, except you may receive a pro-rata refund in the event such modification, suspension, or discontinuance materially affects your access to those parts of the Site or Applications that you have paid for.
18. BILLING – PAID GOODS AND SERVICES

Some areas of the Site and/or Applications may require payment of a fee in order to purchase virtual goods services, or other items. The official currency of the Site is known as D-coins. D-coins may be purchased through the Site or other partners from authorized third party payment providers. These providers have their own terms of service and privacy policies. You should carefully review these documents prior to making your purchase.

DF Interactive reserves the right to change its fees, billing methods and/or payment providers at any time. If your purchase is subject to VAT or other taxes, then DF Interactive may also charge you for any such taxes, in addition to the purchase or other fees.

You may pay for your purchases using the methods available for such purchase and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary. When you provide a credit card or other payment information to our third party payment provider, you represent to DF Interactive that you are the authorized user of the credit card or other payment method.

As the account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your account, including your family or friends. This means that, unless your account or payment information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your account, you will be responsible for all usage and purchases on your account.

19. REFUND POLICY


FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART, EXCEPT IN THE SOLE DISCRETION OF THE THIRD PARTY PAYMENT PROVIDER THROUGH WHICH THE PURCHASE HAS BEEN MADE.

You are fully liable for all charges under your account once you authorize us or other designated payment service to charge your selection of payment method for a certain amount. DF Interactive will not provide refunds for D-coin purchases that are acquired from third party payment partners (e.g. via online transactions or pre-paid cards). Any purchase of D-coins via a third party payment partner of DF Interactive is subject to that partner’s terms and conditions. Any refund requests should be submitted to such partner and not to DF Interactive. The partner may decide in its sole discretion whether or not to provide a refund.

In the event the Site, service and/or your account is terminated or cancelled at any time for any reason, you agree that you will not be entitled to any refund or proration of any fees including, without limitation, or unused D-Coins.
20. AMENDMENTS

You agree that DF Interactive may amend or modify these Terms or impose new conditions at any time by updating these Terms on the Site or upon notice from DF Interactive to you as published through the Site or by email. Any use of the Site or order by you after such updating shall be deemed to constitute acceptance of such amendments, modifications, or new conditions. If you do not want to be bound by an amendment, you will need to terminate your registration, if any, and refrain from using the Site or using Applications after that date. No other amendments will be valid unless they are in a paper writing signed by DF Interactive and by you.
21. GOVERNING LAW

This Agreement and all disputes arising out of or in connection with this Agreement shall be governed by, interpreted under, and construed and enforceable in accordance with, the laws of Singapore (including without Limitation, the provisions of the Evidence Act (Cap. 97) and the Electronic Transactions Act 2010). Notwithstanding the foregoing, you acknowledge that your conduct may also be subject to other local, state, national, and international laws. You further expressly agree that exclusive jurisdiction for any claim or dispute with DF Interactive, arising out of or relating in any way to your account(s), these Terms or your use of the Applications are under the jurisdiction of the Singapore courts, and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving DF Interactive or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers.
22. ENTIRE AGREEMENT

These Terms, as amended, your registration forms, and the disclosures provided by DF Interactive and the consents provided by you, constitute the entire agreement between you and DF Interactive. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. DF Interactive failure to act with respect to a breach by you or others does not waive DF Interactive right to act with respect to subsequent or similar breaches. Sections and provisions which by their nature survive expiration or termination of the Terms, including without limitation, liability and warranty disclaimers and limitations, shall survive expiration or termination.
 
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