Acceptance Of Terms
Last updated: November 10, 2020
DCD Media | 4 KIRKHAM DRIVE, AJAX, ONTARIO-L1S 5L1, CANADA
SERVICESThe Services offered by DCD Media under the Terms consist of the website and mobile applications (the “App”) offering rewards to Users in exchange to download and review and/or use any game suggested in the App (the “Services”).
Account & EligibilitySome of the Services require that you sign up for a User account. Only one (1) User account may be set up per User. Transferring or selling a User account to third parties for their own purposes is not permitted. By using the Services, you represent and warrant that (a) all information you submit to DCD Media are truthful and accurate; (b) you will maintain the accuracy of all such information; (c) you will uphold and respect these Terms at all times; (d) your use of the Services does not violate any applicable law or regulation; (e) you will safeguard your account information and will supervise and be completely responsible for any use of your Account by you and anyone other than you. Your account may be deleted without warning if we believe that you violate any of these Terms. Some of the Services that we provide require that you enable the "Display of Other Apps" option. Enabling this option will allow us to better understand the types of games you prefer to play so that we can suggest to you other similar games. You will receive a notification if you need to enable this option.
For website user:– The User can only set up one account on the website. It is prohibited to create multiple accounts or transfer or sell an user account to third parties. DCD Media reserves the right to indefinitely ban any user who breaks the rules and reserves the right to cancel their account without any refund.
For app user:- The user can only set up one account in the App. It is prohibited to create multiple accounts or transfer or sell an user account to third parties. You are not allowed to use a virtual private network (“VPN”), proxy or any other means to obscure the true source of traffic when using the Services. You are not allowed to use any other electronic means such as an internet bot or web robot (“Bot”) to generate automated views, clicks or conversions or employing any misleading practices such as repeated manual clicks to artificially inflate user activity and/or revenues when using the Services. Any activity that uses a VPN, proxy or Bot will be considered as fraudulent activity and will be blocked by our fraud prevention system. The use of a VPN, proxy or Bot can cause your device to be permanently blacklisted and your user account to be either suspended or terminated. DCD Media reserves the right to indefinitely ban any user found to be using an auto-clicker program or any similar software that allows a user to falsify data relating to their phone's input, or that allows them to appear to be using their phone when in reality they have left it idle. DCD Media reserves the right to indefinitely ban any user found to be accessing the application through an emulator of any kind, regardless of the platform on which the emulator is being used. DCD Media reserves the right to ban any account associated with software that can be used to modify games, or software that can unlock in-game content for free that would otherwise need to be purchased. DCD Media reserves the right to ban any account associated with disposable email addresses that automatically forward messages to an alternate address, or that can automatically visit and open verification links that are sent to them. DCD Media reserves the right to nullify all units earned on any account that has been banned, and to disable the redemption of rewards on all banned accounts, regardless of the reason for which the account was banned. DCD Media reserves the right to indefinitely ban any user found to be using a rooted device or any device for which the user has been granted root access or privileged control. Rooted devices are not supported devices and may at any time be blocked from us. DCD Media reserves the right to reject any gift card purchase request issued from an account associated with a rooted device, or from any account banned for fraudulent activity. DCD Media reserves the right to ban any account that appears to be using the app fraudulently. This includes but is not limited to users with privileged control over their devices, users with suspicious third-party firmware on their device, users manipulating their IP address, users using software that makes them appear active when they are idle, users accessing the app from an emulator of any kind, or any user attempting to fraudulently earn units through any means other than playing games. It is prohibited to access the DCD Media application on any device other than an Android mobile phone or tablet, and doing so can result in an account ban or rejection of an order.
TermThis Agreement will remain in full force and effect while you use the Services and/or have a DCD Media account (the “Term”). You may stop using the Services at any time, for any reason, by uninstalling the App from your mobile device or contact us to close your account. DCD Media may terminate or suspend your account at any time without notice if DCD Media believes that you have breached this Agreement in its sole discretion. After your account is terminated, User shall discontinue its use of the Services. However, termination of this Agreement by DCD Media shall not limit User's obligation to pay any outstanding fees, if applicable, nor restrict DCD Media from pursuing any other remedies available to it, including injunctive relief. User agrees that following termination of User’s account and/or use of the Services, DCD Media may immediately deactivate User’s account and delete User data and accumulated rewards. User further agrees that DCD Media shall not be liable to User nor to any third party for any termination of User access to the Services or deletion of User data.
Payment & FeesUser agrees to pay to DCD Media any fees for each Service that User purchases, uses, or subscribes to in accordance with the pricing and payment terms presented by DCD Media for such service. Where applicable, you will be billed using the billing method selected by the User at the moment of purchase.
RewardsDCD Media offers loyalty points, used as virtual currency in the DCD Media apps and referred to as “Units”, to Users in exchange for testing, reviewing and/or using the mobile games listed in the App. DCD Media does not reward for time spent in App but rather for real game-time. Leaving the App open does not constitute gameplay. Users can redeem Units for different rewards offered by DCD Media, such as gift cards, gift certificates, prepaid cash cards or content codes (collectively “Rewards”). The Rewards cannot be redeemed for cash or in any way resold, exchanged or returned for a cash refund, unless required by law. Rewards may be redeemed in countries where applicable merchants and services are available. DCD Media is not responsible for any valid reward which user is unable to redeem due to their age, situation or country of residence. DCD Media is not responsible for any lost, stolen or malfunctioning rewards.
InactivityDCD Media reserves the right to suspend or delete without notice any account which has been inactive for a consecutive period of one hundred eighty (180) days. An account is deemed inactive when: (i) no Units have been redeemed or credited; (ii) no new referral sign-ups have occurred using the account’s referral link; (iii) there has been no access or attempt to access the Services. If the account contains any Units or Rewards, they will be considered void without notice.
LicenseDuring the Term, DCD Media grants User a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services on the terms set forth in this Agreement. User agrees that all rights, title and interest in and to all the intellectual property rights in the Services, and all modifications, extensions, scripts and other derivative works of the Services provided or developed by DCD Media are owned exclusively by DCD Media or its licensors. All rights not granted to User in this Agreement are reserved by DCD Media.
License RestrictionsUser shall not (i) create an Account or access the Service if they are under the age of 13; (ii) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming or interoperability interfaces of or used by the Services, by any means whatsoever; (iii) distribute viruses or other harmful or malicious computer code via or into the Services; (iv) engage in any conduct that disrupts or impedes a third party’s use and enjoyment of the Services; (v) remove any product identification, copyright or other notices from the Services; (vi) sell, lease, lend, assign, sublicense, grant access or otherwise transfer or disclose the Services in whole or in part, to any third party; (vii) use the Services for time-sharing, service bureau or hosting purposes or otherwise use, resell, sublicense, distribute or transfer or allow others to use the Services to or for the benefit of third parties; (viii) modify or incorporate into or with other software or create a derivative work of any part of the Services; (ix) use the output or other information generated by the Services for any purpose other than as contemplated by this Agreement; (x) use the Services for any use other than User’s internal business use; (xi) use unauthorized modified versions of the Services, including without limitation, for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Services; or (xii) use the Services in any way that is contrary to applicable local, state/provincial, federal and foreign laws, including without limitation those relating to privacy, electronic communications and anti-spam legislation. DCD Media retains all title to, and, except as expressly licensed herein, all rights to the Services, all copies, derivatives and improvements thereof and all related documentation and materials.
Intellectual PropertyThe Services contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Services are copyrighted as a collective work under copyright laws. DCD Media owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of DCD Media and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
Confidential InformationDCD Media and User shall each retain in confidence all information received from the other party pursuant to or in connection with this Agreement that the disclosing party identifies as being proprietary and/or confidential or that, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential ("Confidential Information"), and will make no use of such Confidential Information except as necessary to fulfill their respective obligations under the terms and during the term of this Agreement. DCD Media may collect some Confidential Information from User which includes, without limitation, their name, email address, age, gender, profile picture, social media profiles and payment information. Either party may disclose such information in confidence to its immediate legal and financial consultants as required in the ordinary course of that party's business. The restrictions set forth above will not apply to (i) information previously known to the receiving party without reference to the disclosing party's Confidential Information, (ii) information which is or becomes publicly known through no wrongful act of the receiving party, (iii) information that is independently developed by either of the parties, or (iv) information required to be disclosed pursuant to applicable law.
Third Party ServicesDCD Media may recommend, provide you with access to, or enable third party software, applications, products, services or website links (collectively, “Third Party Services”) for your consideration or use. Such Third Party Services are made available only as a convenience, and download, purchase, access, or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or the App is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. Under no circumstances shall DCD Media be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider. These limitations shall apply even if DCD Media has been advised of the possibility of such damages.
No WarrantyDCD Media works to keep the services bug-free and safe but the user agrees to use the services at user’s own risk. DCD Media is providing the services “as is” and “as available” without any representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, neither DCD Media, its affiliates nor any of their respective employees, agents, third party content providers or licensors make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. All games featured in the Discover Weekly section of the app are recommended based off of similar games that a user has installed on their device. The featured games are not hand-picked or vetted by DCD Media, and downloading these games carries the same risk as downloading any other game directly from the Google Play Store. DCD Media accepts no responsibility for any unintended consequences of selecting a game from the discover playlist.
No LiabilityIn no event shall DCD Media or its respective suppliers or affiliates be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, or any damages or loss arising from the services provided by third party providers, whether in an action of contract, negligence or other civil liability action, arising out of or in connection with the use of any software, program or platform provided as part of the services except in the case of intentional or gross fault.
IndemnityUser agrees to defend, indemnify and hold harmless DCD Media, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including without limitation, attorneys' fees (collectively the “Costs”), to the extent that such Costs are attributable to any breach by User, of any representations, warranties, or other obligations set forth in this Agreement or arising out of the use of the Services by User.
Governing LawThese Terms of Service shall be construed in accordance with the laws applicable in the province of Ontario, Canada, without regard to its conflict of laws rules. User hereby agrees, for any dispute or controversy arising under or in connection with this Agreement or resulting from the Services or Corporation’s website shall be settled exclusively by arbitration in Ontario (Canada).
Severability, Force Majeure, Entire Agreement And HeadingsIf one or more of the provisions of this Agreement is held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, then the validity, legality and enforceability of the remaining provisions of this Agreement shall be unaffected. Neither party shall be deemed in default or otherwise liable for any delay in or failure of its performance under this Agreement (other than payment obligations) by reason of any act of God, fire, natural disaster, accident, act of government, shortage of materials or supplies, failure of transportation or communication or of suppliers of goods or services, or any other cause to the extent it is beyond the reasonable control of such party. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written, electronic or oral communications, representations, agreements or understandings between the parties with respect thereto. The headings in this Agreement have been inserted solely for ease of reference and shall not modify, in any manner whatsoever, the meaning or scope of the provisions hereof.
Representations And WarrantiesUser represents and warrants that currently and throughout the Term (i) it is fully authorized to enter into this Agreement and that User is fully authorized to use the Services; and (ii) User is and will remain in compliance with all applicable laws and regulations with respect to its activities related to this Agreement, including but not limited to privacy laws. User agrees to comply with all of DCD Media’s policies and all laws, rules and regulations relating to the use of the Services. Any violation of this section may result in loss of features, up to and including termination of User’s account. User will indemnify DCD Media for any costs, fines or damages incurred by DCD Media due to User's failure to comply with this section.
Contact UsIf you have any questions or concerns regarding these Terms or your use of any DCD Media Sites and Features or our Services. Please contact us for any questions regarding these Terms or any Additional Terms. You may contact us by using the "Contact Us" or by mail to:
DCD Media | 4 KIRKHAM DRIVE, AJAX, ONTARIO, L1S 5L1, CANADA