Terms of Use

1. DCC Account Creation

1.1 Creating an Account

In order to use the Services as a Player, you are required to create an account ("Account", as further defined below). You must at least eighteen (18) years of age, or the age of majority in your jurisdiction, to register an Account; otherwise, you may not use the Services. You may create an Account using such other third-party accounts that we support, as selected by you on the account creation screen. You represent that the information in your Account, and any other information you otherwise provide to us, is accurate, current and complete information, and agree to update it and keep it accurate, current and complete. We reserve the right to determine if you meet the eligibility requirements to use the Services and to suspend or terminate your Account or your access to the Services, at our sole discretion, if we have reasonable grounds to suspect that any information you provided to us is untrue, inaccurate, not current, or incomplete. It shall be a violation of this Agreement to (a) submit inauthentic information for Account registration or maintenance, (b) create or control more than one Account without our express written authorization (including, but not limited to, using a name that is not yours, using a temporary or secondary email address, or providing any other falsified information), or (c) allow any other person to use your Account to participate in or otherwise use the Services.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, DCC DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES CONDUCTED BY A CHILD WITH OR WITHOUT THE PERMISSION OF A PARENT. IF YOU ARE A PARENT AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO REGISTER FOR ONE OF THE SERVICES, YOU THEREBY AGREE TO THE TERMS RELATING TO USE OF THE SERVICES BY YOUR CHILD.

1.2 Account Activities

When you create an Account, you will be asked to create a Koin Tag and password. You may not use a Koin Tag that promotes a commercial venture, implies a false affiliation, infringes upon the intellectual property or proprietary rights of others, or that we determine in our sole discretion may be offensive. You are solely responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer and/or mobile device, and you agree to accept responsibility for all activities, charges (if applicable), and damages that occur under your Account. If you discover any unauthorized use of your Account, or other known Account-related security breach, you must report it to us immediately. You agree that you are responsible for anything that happens through your Account until you close your Account or prove that your Account security was compromised due to no fault of your own. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

2. Use of the Services

2.1 License Grant

Subject to your compliance with this Agreement, DCC grants you a personal, limited, non-exclusive, and nontransferable license to access and use the Services strictly in accordance with this Agreement and all applicable laws, rules, and regulations. You are responsible for all of your activity in connection with the Services.

2.2 Reservation of Rights

DCC reserves the right to modify, suspend or discontinue all or any aspect of the Services to anyone for any reason at our sole discretion, with or without any notice. DCC reserves the right to modify, suspend, or discontinue the Services (including, but not limited to, the availability of any feature, database, or content), whether temporarily or permanently at any time for any reason. You agree that DCC shall not be liable to you or to any third party for any modification, suspension, or discontinuation of any part of the Services. DCC may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. DCC may, in its sole discretion: (a) cancel unconfirmed Accounts, duplicate Accounts, or Accounts that have been inactive for a substantial period of time; (b) delay, refuse to display, or remove content or listings; (c) remove any special status associated with an Account, and (d) take technical and/or legal steps to limit or prevent any User's use of the Services, including imposing limits on certain features of the Services or restricting access to parts or all of the Services, in each case without notice or liability.

2.3 Prohibited Conduct

You understand and agree that you will not use the Services to engage in the prohibited conduct below:

• You shall not use the Services for any illegal or fraudulent purpose, or in violation of any local, state, national, or international law;
• You shall not use the Services for purposes of competitive analysis, the development of a competing product or service, or any other purpose that is to our commercial disadvantage;
• You shall not submit information or documentation to the Services that pertains or belongs to any other party;
• You shall not post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
• You shall not attempt to use any method to gain unauthorized access to any features of the Services;
• You shall not directly or indirectly decipher, decompile, remove, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services;
• You shall not directly or indirectly modify, translate, or otherwise create derivative works of any part of the Services;
• You shall not harvest or collect information about other Users without their consent;
• You shall not directly or indirectly take any action that imposes an unreasonable or disproportionately large load on DCC's infrastructure;
• You shall not create a false identity on the Services, misrepresent your identity, or sell or otherwise transfer your Account.

If for any reason we determine that you have failed to follow these rules, we reserve the right to prohibit any and all current or future use of the Services by you.

3. General DCC Rules

3.1 Virtual Money and Virtual Goods

Certain portions of the Services permit the purchase of virtual currency ("Virtual Money") and use of that Virtual Money to purchase virtual items or services expressly available for use in the respective platforms ("Virtual Goods"). Virtual Money is a category of Content. You may access and purchase Virtual Goods for your personal, non-commercial use of the Services. You acknowledge that you do not acquire any ownership rights in or to the Virtual Money or Virtual Goods. Any balance of Virtual Goods or Virtual Money does not reflect any stored value and you agree that Virtual Money and Virtual Goods have no monetary value and do not constitute currency or property of any type. Virtual Money may be redeemed only for Virtual Goods and can never be sold, transferred, or exchanged for "real" money, "real" goods, or "real" services from us or anyone else. All Virtual Money, Virtual Goods, and other Content is provided "as is," without any warranty. You agree that all sales by us to you of Virtual Money and Virtual Goods are final and that we will not permit exchanges or refunds for any unused Virtual Money or Virtual Goods once the transaction has been made.

3.2 Account Wiping

From time to time, DCC may wipe your account and thus reset all Virtual Money, and/or Virtual Goods, or any portion thereof, at any time. DCC may credit your account for any sales done prior to the wiping moment, at our sole discretion.

3.3 User Interactions

Subject to the terms of this Agreement and the DCC Privacy Policy, your direct interactions with other Users, including trades or transactions, are solely between you and that individual User. Except as otherwise specifically stated herein, DCC is not involved in any actual transactions. DCC is not the agent or representative of any User for any purpose whatsoever.

3.4 Bonuses and Promotions

From time to time, DCC may provide you with contests, sweepstakes, promotional discounts, monetary credits, or bonuses as an incentive to use the Services or to refer others to create a DCC Account. Such promotional programs will be governed by their own terms and conditions.

3.5 Account Inactivity

If your Account has no activity for twenty-four (24) consecutive months, we will consider your Account inactive and upon notice to you we may take steps to assess a monthly Account maintenance fee for your inactive Account until you reactivate your Account by logging in or entering into a game.

4. Availability of the Services

You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time for any reason including, without limitation, system down time for routine maintenance. Accordingly, we cannot accept any responsibility for any connectivity issues that you may experience when using the Site or Services or for any loss of material, data, transactions or other information caused by system outages, whether planned or unplanned.

5. User Content Guidelines

5.1 User Content

Users of the Services may have the ability to contribute, add, create, submit, distribute, collect, post, or otherwise make accessible certain content ("User Content"). You understand and agree that you are solely responsible for whatever material you submit, and you, not DCC, have full responsibility for your User Content, including its legality, reliability, accuracy, appropriateness, originality, and copyright.

5.2 User Content License

DCC does not claim ownership of any User Content. By making any User Content available through the Services, you grant us and our service providers and business partners a nonexclusive, royalty-free, perpetual, irrevocable, sub-licensable, and transferable worldwide license to use, modify, adapt, translate, publicly perform, publicly display, publish, reproduce, and distribute such User Content on and through the Services.

5.3 User Feedback on the Services

We, including third-party partners, may ask you for Feedback on your experience with the Services. We shall become the owner of any reviews, comments, suggestions or other feedback regarding the Services ("Feedback"). You specifically waive any "moral rights" in and to the Feedback.

5.4 User Content Warranties

To the extent that you decide to post any User Content or Feedback, you represent and warrant that (a) you own the User Content, or you have received all necessary permissions; (b) your User Content will not contain third-party copyrighted material unless you have permission; and (c) you have no agreement with any third party which conflicts with the rights granted herein.

5.5 Enforcement; Validation of Content

DCC is under no obligation to screen, post or use any User Content you may provide. We may refuse to accept or transmit User Content. We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate any provision of this Agreement.

6. DCC Intellectual Property

6.1 DCC Content

Through the Services, we may make accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, campaigns, and associated trademarks and copyrightable works (collectively, "DCC Content").

6.2 DCC Intellectual Property Rights

The Services and DCC Content are protected in many ways, including copyrights, trademarks, service marks, and other rights and laws. You agree to respect all legal notices and restrictions contained in any content accessed through the Services. You have a limited, revocable, non-exclusive, non-transferable license to use the Services and DCC Content solely for legally permitted activities. DCC reserves all rights not expressly granted to you under this Agreement.

7. Copyright Policy

DCC complies with the Digital Millennium Copyright Act (DMCA). We will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify the DCC Copyright Agent by email at legal@dcc.club.

8. Third-Party Sites

The Services may contain third-party advertisements and permit you to link to other websites or resources. Links on the Services to third-party websites are provided only as a convenience. The inclusion of third-party services or links does not imply endorsement by or affiliation with DCC. Your dealings with third parties are solely between you and such third parties. You agree that we will not be responsible for any content, goods or services provided on or through these outside websites.

9. Term and Termination

9.1 Termination

The term of Agreement commences when you access the Services and will continue until terminated by you when you delete your Account, or by us. You may terminate this Agreement by deleting your Account or by emailing eng-ops@dcc.club. We may suspend or cancel your Account without notice to you if you violate this Agreement, or for any reason at all.

9.2 Effect of Termination

Upon termination, your license to use our Services terminates and you must cease all use of the Services. All provisions of this Agreement that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, limitations of liability, and arbitration.

10. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED TO USERS "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DCC, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABILITY, AND NON-INFRINGEMENT. ANY MATERIAL, CONTENT, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DCC SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

11. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE DCC OR ITS AFFILIATES OR SUBSIDIARIES FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF THE SERVICES. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, IN NO EVENT SHALL DCC BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR ANY DIRECT DAMAGES IN EXCESS OF ONE HUNDRED U.S. DOLLARS ($100.00) IN THE AGGREGATE.

12. Indemnification

You agree to indemnify, defend, and hold harmless DCC from and against any and all losses, damages, liabilities, claims, actions, judgments, settlements, costs, or expenses arising from or relating to your use or misuse of the Service or your breach of this Agreement.

13. Dispute Resolution and Arbitration Provision

13.1 Initial Dispute Resolution

You agree to first give us an opportunity to resolve your problem or dispute by sending a written description within thirty (30) days of the occurrence to legal@dcc.club. You then agree to negotiate in good faith for sixty (60) days.

13.2 Binding Arbitration

If the parties do not reach an agreed upon solution, either party may initiate binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement.

13.3 Location

Any arbitration shall take place in Tampa, Florida.

13.4 Class Action Waiver

The parties agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis.

13.5 Exceptions

Either party may bring an action in state or federal court to protect its intellectual property rights. Either party may also seek relief in a small claims court for disputes that do not exceed $10,000.

13.6 30-Day Right to Opt-Out

You have the right to opt-out of the arbitration and class action waiver provisions by sending written notice to legal@dcc.club within thirty (30) days of your first use of the Services.

13.7 Governing Law

The Agreement and the relationship between you and DCC shall be governed by the laws of the State of Florida without regard to conflict of law provisions.

14. Miscellaneous

14.1 Assignment

This Agreement is personal to User, and you may not assign, transfer, sub-license, or otherwise encumber any of your rights or obligations without the prior written consent of DCC. DCC may assign, transfer, or delegate any of its rights and obligations without your consent.

14.2 Entire Agreement

This Agreement, and all terms and policies posted through our Services (including our Privacy Policy), constitutes the entire agreement between you and DCC with respect to the Services.

14.3 Force Majeure

Neither DCC nor any other party involved in creating, producing, or delivering the Services shall be liable for any nonperformance or delay caused by events beyond their reasonable control.

14.4 Governing Law

This Agreement is governed by the internal laws of the State of Florida without giving effect to any choice or conflict of law provision.

14.5 Modification

We reserve the right to amend, modify or replace this Agreement at any time. The most current version will be made available through the Site. It is your responsibility to check periodically for changes.

14.6 Notice

Any notices provided by DCC under this Agreement will be given via email or by posting to the Services.

14.7 Relationship of the Parties

Becoming a User does not create an agency, employment, joint venture, franchise or partnership relationship between you and DCC.

14.8 Waiver and Severability

No failure or delay in exercising any right shall operate as a waiver thereof. If any provision of this Agreement is unenforceable, the remainder will be amended to achieve as closely as possible the effect of the original term.

14.9 Contact

If you have any questions about this Agreement, please contact us at admin@dcc.club.