As an Account holder, you may make use of DESTINY OF ANCIENT KINGDOMS’ Account Balance service. DESTINY OF ANCIENT KINGDOMS Account Balance can only be used to obtain pre-paid points offered by DESTINY OF ANCIENT KINGDOMS, it has no cash value.
UTOPIA DREAM ENTERTAINMENT ALLIANCE (PTY) LTD grants you a limited license to receive, use, and redeem DESTINY OF ANCIENT KINGDOMS (DOAK) pre-paid points same to the Terms of this Agreement. Regardless of how it is gained, DESTINY OF ANCIENT KINGDOMS (DOAK) pre-paid points are non-transferable to other people or Accounts, does not increase in value and is not redeemable or refundable for any sum of money or financial value from UTOPIA DREAM ENTERTAINMENT ALLIANCE (PTY) LTD or the game at any time. DESTINY OF ANCIENT KINGDOMS (DOAK) pre-paid points do not constitute a personal property right. DESTINY OF ANCIENT KINGDOMS (DOAK) is not a bank or bank account.
1 (A) When creating or updating an Account
There is no limitation on the amount of accounts that one player can register
You are required to provide UTOPIA DREAM ENTERTAINMENT ALLIANCE (PTY) LTD with accurate and up to date personal information such as: your name, address, phone number, email address and such other information requested by UTOPIA DREAM ENTERTAINMENT ALLIANCE (PTY) LTD. Additionally, UTOPIA DREAM ENTERTAINMENT ALLIANCE (PTY) also has the right to obtain non personal data from your connection to the Service.
Certain Games on the Service have software that will allow your computer system to forward information to UDEA, if for any unforeseen reason or circumstances the Game crashes, including system and driver data
(B) Grant of License.
UDEA will grant you with a non-sub-licensable, and non-exclusive license to use the Service and Games if you accept and follow the terms of this Agreement subject to the “License Limitations” in Section 1(C) below, as follows:
I. You may install the DESTINY OF ANCIENT KINGDOMS (DOAK) DVD and game on one or more computers under your allowable control to access and use the Service.
II. You may use our Services, the DESTINY OF ANCIENT KINGDOMS (DOAK) DVD, and Games for your personal and non-profit-making entertainment during the Terms of this Agreement, unless the agreement is otherwise terminated as set forth in this Agreement.
III. You may make and distribute copies of the DESTINY OF ANCIENT KINGDOMS (DOAK) DVD free of charge for other potential users’ providing they agree to the terms and conditions of this Agreement;
III. You may make and distribute copies of the DESTINY OF ANCIENT KINGDOMS (DOAK) DVD free of charge for other potential users’ providing they agree to the terms and conditions of this Agreement.
IV. You may not exchange the DESTINY OF ANCIENT KINGDOMS (DOAK) DVD for any kind of value, money or objects.
V. You may not give your rights and obligations to use the Service or Games to other players.
(C) License Limitations.
You agree to not do the following under any circumstances:
Cheating: Create, use, offer, advertise, make available and/or distribute the following or assist therein: cheats; i.e.
You may not: Formulate unauthorized formulae that are not approved of by UDEA, or influence the game by affecting and/or making the game easier for other players including: misuse of any in-game bugs that thereby allow you and/or any other users to take advantage of other players who are not using such formulas such as; bots or any code and/or software not authorized by UDEA that allows the automatic control of the Game, the Services and/or any component or feature thereof.
e.g. the automatic control of a character in a Game; Hacks; i.e. accessing or making changes to the software of the Game or Services in any manner, and/or any code and/or software not authorized by UDEA or without UDEA’s knowledge that can be used in connection with the DESTINY OF ANCIENT KINGDOMS (DOAK) game, the Service, a Game and/or any components or features thereof which change and/or facilitate and/or Exploit the gameplay in the entirety or individual part, the DESTINY OF ANCIENT KINGDOMS (DOAK) players, the Service or the Game(s) for any purpose not authorized by UDEA including, without limitation To:
Playing the Game(s) at Public establishments (subject to Section 1 B);
Gathering in-game legal tender, items, mounts or potions for sale outside of the Service of the Game(s); and/or Delivering an in-game service, like power-leveling or increasing life span, in exchange for payment outside of the Game(s); or communicating ways of making it easier (Through text, live audio communications, or otherwise) any commercial advertisement, solicitation or offer through or within the Service or the Game(s); During the Account creation process, you may be required to select a unique username and a password (collectively referred to hereunder as “Login Information”).
You agree not to disclose your real/personal details such a username or password for any Account, and that you will not share the Login Information with anyone other than to login into the service in order to play the game. You accept full responsibility for maintaining the confidentiality of your Login Information, and you will be responsible for all uses of logging in and out of your personal account, including buying pre-paid points in order to play, whether you are aware of it or not. If for any unforeseen reason you think someone has hacked or used your account without your knowing, you must immediately notify UTOPIA DREAM ENTERTAINMENT ALLIANCE (PTY) LTD at email@example.com so that UTOPIA DREAM ENTERTAINMENT ALLIANCE (PTY) LTD can investigate and make a decision on the matter.
Minor children may open an Account with the consent of a parent or legal guardian.
If you allow your minor to open an account and play the game then you (the parent or legal guardian) take full responsibility for the account and the agreement of our terms and conditions set forth in the agreement set out above and below and agree to the terms on your behalf, and you understand and agree that you will be responsible for all uses of the Account by your Child whether or not such uses were with your consent.
2 UTOPIA DREAM ENTERTAINMENT ALLIANCE (PTY) LTD Ownership.
UDEA is the owner of all rights, titles, and interests of the DESTINY OF ANCIENT KINGDOMS (DOAK) player, the Services, the Games, Accounts, and all of the features and components thereof.
The Services or the Games may contain materials licensed by third-parties to UDEA, and these third-parties may enforce their ownership rights against you in the event that you violate this Agreement.
The following, content is fully owned by UDEA
All virtual content appearing within the Service or the Games, such as:
Visual Components: Locations, artwork, structural or landscape designs, animations, and audio-visual effects, Narrations: Themes, concepts, stories, and storylines; Characters: The names, likenesses, inventories, and catch phrases of Game characters;Items: Virtual goods, currency, potions, wearable items, pets, mounts, etc. All data and communications generated by, occurring through, the Service or the Games. All sounds: musical compositions and recordings, and sound effects originating in the Service or the Games.All recordings, Game replays, or reenactments of in-game matches, battles, duels, etc. Computer Coding: including but not limited to “Applets” and source code; Titles, methods of operation, software, related documentation, and all other original works of authorship contained in the Service or the Games. All Accounts. Note that UDEA owns all Accounts, and that all use of an Account shall inure to UDEA’s benefit. UDEA does not recognize the transfer of Accounts
Purchasing, selling, gifting or trading, of any account is not allowed under any circumstances, or pursuing to purchase, sell, gift, or trade any Account, if you fail to adhere to the conditions stipulated in this document: the agreement and terms and conditions between yourself, the player and UDEA will be terminated and all benefits to use the service and play the game will be taken away and you will not be allowed to play the game or use the account ever again.
All Moral Rights that relate to the Service or a Game, including Custom Games, such as the right of attribution, and the right to the integrity of certain original works of authorship; and The right to create derivative works, and as part of this Agreement, you agree that you will not create any work based on the Service or the Games, except as expressively set forth in this Agreement or otherwise by UDEA in certain contest rules UDEA’s Fan Policy to this Agreement.
3 Limitations of Liability.
UDEA does not take any responsibility for the following:
I. in case of intentional violation
II. In case of negligence
III. For damages arising as result of any injury to life, limb or health
Gross negligence refers to an action or of carelessness,
Demonstrating a loss of interest in the working environment.
Without going further, you agree that UDEA is not liable for slight negligence in case of a breach of a material contractual obligation. Which is necessary for the fulfillment to this. Agreement. The breach of which would jeopardize the purpose of the Agreement.
Slight carelessness is any negligence out of UDEA’s control and you take sole responsibility for playing the game and making use of the services we provide for entertainment purposes.
5 Governing Law
Utopia Dream Entertainment Alliance (PTY) LTD may from time to time change some of the contents in the terms and conditions and the agreement set out in the above mentioned agreement and the below terms and conditions. Modifications will be announced on the news TAB which can be found on our company website www.udea.co.za, we agree to announce the changes before-hand. If you do not respond to these changes or give us some kind of feedback on these changes we will automatically presume that you agree with the changes. Once again UDEA will not take any responsibility what so ever for any loss, injury, cost to the changes made, as you the player did not respond to these changes set out on the website. Should you as the player by any means have any questions or complaints regarding these terms you can e mail us at firstname.lastname@example.org.
If by any means UDEA chooses to no longer provide the service or license to the player or account holder we would let you know 3 months in advance. We will not be held responsible for any cost or losses held by the account holder. No refund would be made available to the account holder or player. All credits loaded on to the game should be used before the service is terminated.
You are allowed to cancel this agreement for any reason applicable and specified to a relevant court or law decision. Player should give UDEA prior written notice via email: email@example.com.
If you fail to follow the procedures set out above for any reason with any prior reason or time given, UDEA will provide you with a warning of your non-compliance. In case of a serious breach of this Agreement or the Games terms, UDEA will be allowed to immediately cancel this Agreement and the Service without any prior warning. In the event of any termination of this Agreement, your right to access and play Games will be denied.
The Game may not under any circumstances be downloaded for any other reason than to play the game. The game may not be downloaded and exported to any countries to which South Africa has been prohibited.
UDEA may grant full or partly this Agreement, to any person or organization at any time with or without your consent, as long as the assignment does not disclose any personal information of the players and reduce the players rights under this Agreement. You may not assign this Agreement without UDEA’s prior written consent, and any unauthorized assignment by you shall be null and void.
If any part of this Agreement is confirmed to be invalid or null and void, then that portion shall be cut, and the remainder of this Agreement shall be given full force and effect. Attorneys' Fees. In the event of any litigation is brought by either party in connection with this Agreement, the ruling party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such ruling party in the litigation.
10 Entire Agreement.
This Agreement establishes and contains the entire agreement between the player and UDEA with respect to the content matter hereof and overrule any prior oral or written agreements. The given Sections 2, 3, 4, 5, and 6 shall stand for any reason the agreement will be terminated.
11 No Waiver.
Our failure to apply any arrangement of the agreement, shall in no way be analyzed to be a present or future waiver of such arrangement, nor in any way affect the right of any player or account holder to enforce each and every arrangement thereafter.
The express waiver by us of any arrangement, condition or requirement of the Agreement shall not create a waiver of any future obligation to comply with such agreement, condition or requirement.
12 Consent to Monitor.
YOU AGREE WHEN PLAYING THE GAME, THE GAME MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) FOR ANY UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING ALL AT ONE WITH THE GAME. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE PROHIBITED BY SECTION 1 (B) ABOVE.
13 IF THE GAME DETECTS UNAUTHORIZED PROGRAMS:
A THE GAME MAY REPORT BACK TO UDEA, INCLUDING YOUR ACCOUNT NAME DETAILS ABOUT UNAUTHORISED PROGRAM DETECTED AND ALL INFORMATION SUCH AS DATE AND TIME. AND/OR
B UDEA MAY KEEP TO ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT LETTING YOU AS THE PLAYER OR ACCOUNT HOLDER KNOW.
You hereby agree that UDEA would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate.
14 SOFTWARE AND DOWNLOADING OF GAME
Destiny of Ancient Kingdoms offers you the opportunity to play Destiny of Ancient Kingdoms for free. To access our Game, you may need to download and install certain software first, and such access entails the use of hardware, software and Internet access (which you acknowledge play a very important role in your user experience) you would need to download and install the game onto your computer. We are not responsible for any hardware, software or Internet access, quality, suitability or unavailability issues in order to play the game or to register an account.
We do not provide or will be held responsible for the following in order to play the game:
I. Internet access, UDEA will not be held responsible for any fees related to playing the game or making use of our services for your entertainment, UDEA will not be held responsible for any charges or for any required equipment, connections, repairs or even servicing for the player to connect to the servers in order for you to play the game. For Log Files We use IP addresses to analyze trends, administering the site, track user’s movement, and gather broad demographic information for combined use. IP addresses will not be linked to personal identify information. Additionally, for systems administrating, detecting using patterns and troubleshooting purposes, our web servers automatically logging standard access information including browser type, access times/open mail, URL requested, and referral URL.
This information may/will only be shared with the service provider which is UDEA on a need to know basis. We agree that this information will only be used for the above mentioned reasons with the player or account holders consent.
Cross-server function: Allows you as the player to play along with other account holders on the same server and region as you wish to play in.
The Cross-server feature requires that some or all of your personal information related to the Account be transferred to servers operated by UTOPIA DREAM ENTERTAINMENT ALLIANCE (PTY) LTD in the regions where you wish to play the Game. By agreeing to participate in the use of the Cross-server function, you agree that UDEA can transfer your information to UDEA servers in each of the regions that you select to play in using the Cross-server function.
INACTIVE PERIOD Your Account may be terminated if you do not use your Account within twelve months after the date that it was created or for any continuous period of twelve months.
If your account is in-active for a minimum of continuous 12 months. We regret to inform you that we will notify you of your inactivity and would be forced to either terminate your account or give you prior notice of the preceding and steps to follow. If you advise us within seven working days of the notice that you want to keep your Account active, we will not terminate it. If you do not notify us, your Account will be terminated. DESTINY OF ANCIENT KINGDOMS (DOAK) Balance will only be protected from the point that UDEA issues a message to you indicating that UDEA has received your notice that the Account may have been tampered with.
You are entirely responsible for making sure that the proper amount of DESTINY OF ANCIENT KINGDOMS (DOAK) pre-paid points have been added to or deducted from your Account. You can view your DESTINY OF ANCIENT KINGDOMS (DOAK) Balance from your account icon at the www.doak.co.za website. We may or may not require additional information and/or documentation to verify your claim.
From the time we were informed of your misfortune, UDEA will take the necessary actions to freeze your DESTINY OF ANCIENT KINGDOMS (DOAK) pre-paid points, for both your protection and the protection of the website and the account in means to play the game. Until the matter has been resolved your account will no longer be able to be used. We will do our utmost best to assist you with the necessary steps to get you back to playing the game.
UDEA reserves all rights to reduce, liquidate, deactivate, suspend or terminate a DESTINY OF ANCIENT KINGDOMS (DOAK) account to add or to access Accounts for DESTINY OF ANCIENT KINGDOMS (DOAK) Balance or other UDEA Games or Service features if UDEA determines, after investigation, that you have misused DESTINY OF ANCIENT KINGDOMS (DOAK) Balance or credits or have otherwise used DESTINY OF ANCIENT KINGDOMS (DOAK) Balance to conduct any fraudulent or illegal activity.
In the event that you are in any way responsible for compromising Accounts, UTOPIA DREAM ENTERTAINMENT ALLIANCE (PTY) LTD retains the right to remove DESTINY OF ANCIENT KINGDOMS (DOAK) Balance from the Account gained through compromising other Accounts, suspending access to any services provided to you by UDEA. Title Holder Rights UDEA is the owner of the Website, the Games, the Software and the Service, which are protected by SA international law including copyright laws.
All rights, agreements and terms & conditions set out in this document are fully to protect the right of DESTINY OF ANCIENT KINGDOMS (DOAK) and UDEA, the software and the service, all features and content thereof (including without limits any user files, client and server software game play in game DESTINY OF ANCIENT KINGDOMS (DOAK) pre-paid points) and user accounts, updates, dialogue, animation, sound recordings, compositions, stories, documentation, video sounds, themes, concepts, graphics, character profile information, catch phrases, recordings, in game activities, designs, storylines, objects, text locations artwork, content pictures, titles, accounts computer code, character names, musical, audio-visual effects, information, music, data, “applets”, chat trans blocked, patches, themes, characters, tools, objects, game software, the selection and arrangement thereof are the property of UDEA or its licensors and are protected by SA international copyright and other proprietary rights laws, if you make any modifications, to the Proprietary Materials (the “Modifications”), whether authorized or unauthorized, you understand and agree that you will have no rights of any kind to the alternation you as the player have made to the game or its characters in all rights therein shall belong solely to UDEA. You hereby agree and acknowledge and understand you will not have any right to these modifications made and it would have to be transferred to UDEA, free and clear of any restrictions or obstacle, without any compensation beyond the consideration provided herein, any and all agreements, titles and interests that you may have in and to such Modifications. This assignment includes, without limitation, all worldwide copyrights and patent rights in and to such Modifications and the right to sue for past and future violation.
You hereby agree to cooperate with UDEA in connection with the protection thereof and shall execute such documents (like further deed of transfer or assignment), if any, as needed by UDEA to perfect its rights hereunder. Further, to the extent of the assignments mentioned above do not transfer any ownership interest in or to the modifications, you expressly grant UDEA, us and our licensors all consent, sub licensable and irreversible right to make, modify, otherwise communicate, license, reproduce, re-post, use, worldwide, quote, adapt, transmit, broadcast, sublicense, distribute, translate, offer for sale, syndicate print, complete, or any portion thereof, continual, archive, import or otherwise exploit publish, store, sell, create derivative works from, clearances and a non-exclusive and publicly display and perform the Modifications in any manner or form and in any medium or forum, whether now known or hereafter acknowledgment, without notice or compensation to you.
You waive and agree not to assert any moral or similar agreements you may have in the Modifications for as far as is possible by applicable mandatory law.
Notification of Changes: the Company has the right to change these terms and conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any alterations to these terms and conditions. We will post that changes that have been made on our home page www.udea.co.za NEWS If there are any changes to this agreement or document. If there are any changes in how we use our site customers’ Personally Identifiable Information, notifications will be made to those affected by this change. Any changes to this document will be posted on our web site 30 days prior to these changes taking place.
For your own interest we advise that you as the player and the account holder re-read this agreement to make sure you agree and understand the content of it.
You hereby acknowledge that you have read and understand the foregoing Agreement and agree that by activating, or ‘clicking’ the ‘I Accept’ button associated herewith is an acknowledgment of your bound agreement with the terms UDEA has provided you with and that you understand it completely.
FREQUENT ASKED QUESTIONS ABOUT THE TERMS AND CONDITIONS
Am I allowed to make suggestions about the game and where do I send it?
You are more than welcome to do so. We love hearing ideas from our players and what they would like to see in the game’s we design for their entertainment. So often in our industry it is an advantage to have some ideas and feedback from our players
What is UTOPIA DREAM ENTERTAINMENT ALLIANCE (PTY) LTD copyright/trademark policy for the Internet, specifically for fan sites? Can I use UDEA GAMING WEBSITE images, text or sound on my web page? Is it ok if I use screenshots I take in-game on my web page?
Yes, within certain limits.
In the above agreement it stipulates the terms and conditions to your question those procedures should be followed in the correct steps to avoid breach of agreement. It would be best to ask for our approval.
Are there any legal notices and disclaimers that I need to have on my site when talking about your products?
Yes. Including the following: copyright, trademark and other notices as appropriate.
Appropriate notices can be acquired from an E-mail send to firstname.lastname@example.org.
Can I register a domain name containing some portion of your product’s name such as "Destiny of Ancient Kingdoms.com?"
We regret to inform you that we unfortunately do not agree with such terms. The reason is our players might get confused and think that the domain is associated with UDEA.
Can I put your patches and demos on my web site for download?
Yes. We most certainly allow you to do so as long as you do not alter any changes to the patches and demos. And obviously follow the above mentioned agreement and not breach any of such agreements.
Can I translate your site into another language if no such site exists?
We don’t enjoy saying no to our players, but we hope that you understand that even though we are a multi-cultural and raced company it would be hard for us to control the quality, accuracy or content of the translation.
Can I write novels, screenplays, theatrical productions or other adaptations based on your games?
No. We have all rights to our terms and licenses and we have a certain level of quality to obtain. But if you send us your idea or suggestion we would definitely consider it.
Can I get authorization to do an expansion pack, novel, screenplay, theatrical production, or other adaptation based on your games?
The same procedures as the previous question would have to be followed. Even a company as ourselves has rules and regulations that need to be followed so once again send us an E-mail and we will definitely get back to you regarding your request.
Can I write music with samples or characters from your game?
We do love our players being so excited and creative when playing our games but unfortunately you are not allowed to do so, as it is a breach in the above mentioned agreement.
Can I create and/or distribute hack and cheats for your games?
Under no circumstances do we allow cheats with our games, it takes away the adventure and fun part of discovering the game
Can I make and sell my own products (T-shirts, card games, models/figures, etc.) based on a UDEA?
Unfortunately you may not do so
16 CHAT AGREEMENT
As part of the DESTINY OF ANCIENT KINGDOMS (DOAK) Service, UDEA provides various tools to allow communication between your characters and the characters of other players. As these communication tools do not constitute an electronic communication service (in legal terms).
Messages sent using our online chat function should not be considered private or personal. So that we can provide a fun, safe and lawful environment for all our players, we have a policy of storing and reviewing both sent and received in-game chats and other messages.
By accepting, understanding and acknowledging this agreement, you agree that UDEA (or one of UDEA’S affiliates) shall have the right to
Store in-game chats and other messages you send or receive on the DESTINY OF ANCIENT KINGDOMS (DOAK) Service, or through any game that is playable on the DESTINY OF ANCIENT KINGDOMS (DOAK) Service, and
UDEA will only use the information held in the stored in-game chats and other messages for investigating and acting on such violations.
The relationship between the parties hereto shall be that of a licensor and a licensee, and neither party shall represent itself as an agent, representative or partner of the other.
UDEA may terminate this Agreement at any time in the event of your material breach of this Agreement. Additionally, there may be times when UDEA will need to terminate your right to use UDEA Property for business reasons, and in such a case, UDEA shall have the right to do so without notice or liability to you. This Agreement shall be deemed to have been made and executed in the South Africa and any dispute arising hereunder shall be resolved in accordance with the law of South Africa.
You may not assign your rights under this Agreement without the expressed written consent of UDEA.
This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
You agree to defend, indemnify and hold UDEA harmless from any claims, litigations, actions, damages or fees of any kind (including reasonable attorney’s fees) arising from:
I. a breach of Your representations and warranties hereunder, and
II. UDEA or Your use or disclosure of subject matter which You know or reasonably should know others have rights in, except, however, for subject matter and the identity of others having rights therein that You disclose to UDEA in writing before UDEA uses the subject matter.
These terms and conditions form part of the Agreement between the Client and UTOPIA DREAM ENTERTAINMENT ALLIANCE (PTY) LTD. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected. ©UTOPIA DREAM ENTERTAINMENT ALLIANCE (PTY) LTD All Rights Reserved.