Riders of dark

Terms of Service

Welcome to Riders of Dark!

These terms of service (the “Terms”) regulate your access and use of the website available at ridersofdark.com and its subdomains (the “Website”), our downloadable games for mobile and PC platforms (collectively, the “Games”), and define some of the conditions under which we may provide our online services, including but not limited to the Games and any related content, features, or functionalities (collectively, the “Services”) as well as other important aspects related to the legal relationship between yourself and us.

In addition to these Terms, we recommend that you carefully read:

– our Privacy Policy, which describes how we process your data related to your use of the Services here

– for our Games our Health and Safety Disclaimer here

– any additional terms or policies related to individual Services or specific components of the Services (including, but not limited to, forums, contests, sweepstakes, or loyalty programs).

Together, they form a binding contract (the “Agreement”), the terms of which you must accept in order to use our Services. 

Contracting Parties

The Services are provided by, and you are contracting with Riders of Dark Gaming SRL  (“us”, “we”), a company registered in Romania, with its principal office at Suceava, Sat Poieni-Suceava Com. Udești, No. B49.

When we say “you” or “your”, we are referring to you as an individual entering into this Contract. These Terms are intended to apply solely to natural persons and not to organizations or other legal entities. We expressly disclaim any contractual relationship with organizations or legal entities. By agreeing to these Terms, you represent that you are a natural person entering into this Agreement in your personal capacity. In certain instances, you may be referred to as our “Customer”.

You must be at least the age of majority in your country of residence in order to enter into this Agreement and use our Services. If you are under the age of majority in your country, you may only use our Services under the direct supervision and with the express consent of a parent, legal guardian, or another holder of parental responsibility who agrees to be bound by these Terms. By using our Services, you represent and warrant that you have reached the age of majority in your country or have obtained the appropriate consent from your parent, legal guardian, or other holder of parental responsibility. The holder of parental responsibility shall be responsible for minors’ actions when using our Services (including when playing our Games), and it is recommended that they familiarize themselves with the available parental controls provided by their devices and software.

Your agreement. You may express your agreement to the Agreement by clicking a button or completing another action indicating your acceptance of the terms, for example, by creating an account, downloading, installing, accessing, or using our Services, whichever is earlier (hereafter, the “Effective Date”). If you do not agree to the terms and conditions of this Contract, do not download, install, access, or use our Services.

Provision of Services

Account Registration and Security. To access and use certain features of our Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary. You are responsible for safeguarding your account credentials, and you agree that you will not disclose your password to any third party. You are responsible for any activities or actions that occur under your account, whether or not you have authorized such activities or actions. You must immediately notify us of any unauthorized use of your account or any other breach of security.

Modification, Suspension, and Discontinuation of Services. We reserve the right, at our sole discretion, to modify, suspend, or discontinue, temporarily or permanently, any part or all of the Services, with or without notice, at any time. You agree that we shall not be liable to you or any third party for any such modification, suspension, or discontinuation of the Services or any part thereof.

Services Maintenance. We may, from time to time, perform maintenance on the Services to ensure their proper functioning, enhance performance, or implement updates and upgrades. We will endeavor to provide notice of any planned maintenance that may result in service interruptions, but we cannot guarantee that such notice will always be provided. You acknowledge and agree that we may perform maintenance on the Services without liability for any interruption, loss of data, or other damages resulting from such maintenance.

Advertising within Games. We reserve the right to display advertisements within our Games. These advertisements may include, but are not limited to, banner ads, video ads, sponsored content, and other promotional materials. By using our Games, you agree that we, our affiliates, and our advertising partners may present advertisements to you, and you grant us and our advertising partners the right to do so. You acknowledge that the inclusion of advertisements within our Games is necessary to support the ongoing development, maintenance, and availability of our Services, and you agree not to use any ad-blocking software or similar tools that may interfere with the display of advertisements while using our Games.

License Grant for Games

Copyright and intellectual property rights. Our Games are protected by copyright and other intellectual property laws and treaties. We or our licensors own all title, ownership rights, and intellectual property rights in and to our Games. This Agreement does not transfer any ownership rights to you.

Subject to your compliance with the terms of this Agreement, including due payment of any applicable fees, subscriptions, or other charges, we grant you a non-exclusive, non-transferable, revocable, limited license to download, install, access, and use our Games solely for your personal, non-commercial use. You may not rent, lease, lend, sell, redistribute, or sublicense our Games. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Games, any updates, or any part thereof, except as allowed by law.

Streaming, YouTube videos and similar content creation. You may create and distribute videos, streams, and other content that features the game (hereinafter referred to as the “Game Content”). You retain all right, title, and interest in the Game Content, including all intellectual property rights therein. You grant us a non-exclusive, royalty-free, worldwide license to use, copy, distribute, and display the Game Content in connection with the promotion and advertising of the game or any other software or services that we may provide. The license granted to us shall survive the termination of this Agreement.

You agree to use the Game Content in accordance with the terms and conditions of this Agreement and any guidelines provided by us. You may not use the Game Content for any illegal or unauthorized purpose and may not sell, rent, or license the Game Content to any third party without our consent. You will be solely responsible for all costs associated with creating and distributing the Game Content.

You represent and warrant that (i) your use of the Game Content will not infringe the intellectual property rights of any third party; (ii) you will comply with all applicable laws and regulations in connection with your use of the Game Content; and (iii) you will not use the Game Content in a manner that is defamatory, trade libelous, pornographic, or otherwise offensive.

In-Game Purchases and Virtual Items

In-Game Purchases. Our Games may offer the option for users to purchase in-game virtual items, such as skins, accessories, power-ups, and other goods or services (collectively, “Virtual Items”). These Virtual Items may be purchased using real-world currency and will be governed by the terms and conditions set forth in this Agreement.

No Ownership Rights. You acknowledge and agree that Virtual Items do not represent any real-world value, and you shall have no ownership or other property rights in or to such Virtual Items. Virtual Items are not redeemable or exchangeable for any sum of money or monetary value from us or any other person or entity.

Non-Transferable and Non-Refundable. All in-game purchases, including Virtual Items, are non-transferable and non-refundable. You understand that once you have authorized a purchase, your account will be charged accordingly, and you will not be able to cancel, withdraw, or otherwise reverse the transaction.

Availability and Pricing. We reserve the right to manage, regulate, control, modify, or eliminate Virtual Items at our sole discretion, including but not limited to adjusting the availability and pricing of Virtual Items. We shall have no liability to you or any third party in the event that we exercise any such rights.

Unauthorized Transactions. You are solely responsible for ensuring the security of your account and payment information. We shall not be responsible for any unauthorized transactions, including in-game purchases made through your account. In the event of any unauthorized transaction, you must notify us immediately, and we will investigate the matter accordingly.

Effects of Termination. You are not entitled to use the Virtual Items for a minimum period of time unless otherwise mentioned at the time of purchase. Your right to use purchased Virtual Items shall end upon termination of the Agreement, as detailed below. 

Term and Termination

Term

The term of this Agreement shall commence on the Effective Date and continue for an indefinite period until the earlier of (i) the date of deletion of your account for Services where an account is required; or (ii) the termination of this Contract in accordance with the terms set below.

Termination of the Contract

Termination by you. You may terminate the Agreement at any time by deleting your account through the account management interface or by contacting us.

Termination by us. There are also exceptional situations in which we could terminate the Agreement and delete your account, such as:

– if you breach the provisions of the Agreement;

– if we have good reason to believe that your access to and use of the Services is harmful to us, our software or hardware, other users of our Services, or third parties or violates applicable law;

– if we are ordered to do so under a court ruling or as required by law;

– if you are not actively subscribed and have not accessed the Services for more than 12 months.

Before termination, we will send you a notice to the email attached to your account and provide the opportunity for you to remedy the cause of the notice and export Customer Data. The termination will take effect if you do not take the necessary actions for remedy within a reasonable period of time but no longer than 5 (five) days from the date of communication of the notice.

We will not notify you in advance if:

– the violation of the Agreement is severe (for example, you violated any of the provisions of the Acceptable Use section) or repeated;

– doing so could compromise, interfere or affect the security of the Services;

– we are not allowed for legal reasons;

– doing so could cause damage or endanger a third person.

Effect of Termination. Customer Data may be deleted prior to termination without the possibility of retrieval. Upon termination of the Agreement for any reason, your right to access and use our Services will cease immediately and entirely, and Customer Data shall be deleted without the possibility of retrieval. Regardless of type or reason, termination will not relieve you of your obligation to pay any fees owed for the period before the date of termination. Any provisions of these Terms that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Modification of the Contract

We may, from time to time and at our sole discretion, make changes to the Agreement. If we consider the changes to be substantial, we will make reasonable efforts to post a prominent notice via the Services. Once the changes are effective, your continued use of the Services will indicate your agreement.

Right to Withdraw

If you are a consumer residing in the European Economic Area (EEA), you have the right to withdraw from this Agreement within 14 days without giving any reason. The withdrawal period will expire 14 days after the date of the conclusion of the Agreement.

To exercise your right to withdraw, you must inform us of your decision to withdraw from this Agreement by providing a clear statement (e.g., a letter sent by post or email) to our contact details provided in the Agreement. You may use the provided model withdrawal form, but it is not obligatory.

If you withdraw from this Agreement, we will reimburse you for any payments received from you, without undue delay and in any event, not later than 14 days from the day on which we are informed about your decision to withdraw. We will use the same means of payment that you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

Please note that if you request to begin the performance of the Services, including the delivery of Virtual Items, during the withdrawal period, you acknowledge that you will lose your right to withdraw. In the case of Virtual Items, your right to withdraw will be lost once the Virtual Item has been delivered to your account or when the performance of the Services has begun, whichever is sooner.

Intellectual property

Our data

To access and use our Website, we grant you a worldwide, non-exclusive, limited, non-transferable, non-sublicensable, and revocable license. The license is subject to your compliance with this Agreement and to further service-specific amendments. 

We retain all rights, titles and interests, including all intellectual property rights to the brand, logos, legal texts and other data within the Services. If you wish to use our brand or logos, please contact us.

You may print or copy, and you can download extracts of the site for personal use. You must not modify the printed or downloaded copies in any way. Violation of these terms entails a ban on using the Services and the obligation to destroy, delete and/or return any printed, copied or downloaded materials.

You may not use the content of the Services for commercial purposes without obtaining a license from us or the other persons and entities that own intellectual property rights to the materials contained within the Services.

Customer Data

We call “Customer Data” all the data (such as text, links, emoji, photos, videos, documents, or other information) that you may upload, store, send, share or add in any other way when using our Services. You retain all intellectual property rights in Customer Data. You must ensure that Customer Data does not violate applicable law or the terms of the Contract. Concerning Customer Data, you warrant that you have all necessary rights to use the Services. We are not responsible for the content of Customer Data or how you choose to use the Services to store and process Customer Data.

You grant us a worldwide, non-exclusive, royalty-free, perpetual license and all the necessary rights to host, access, use, process, copy, distribute, perform and display Customer Data, in order for us to:

– provide, maintain and improve the Services;

– develop new services, products and technologies;

– prevent or solve a problem related to the provision of the Services or their security;

– respond to a request related to Customer Data;

– comply with our legal obligations.

The license granted also extends to our third-party providers solely for the purpose of helping us provide the Services. You warrant that you can legally grant us these rights.

Customer Data will be treated as non-confidential and should not include sensitive information.

Feedback. We welcome your feedback, comments and suggestions, but please note that we may use them for any purpose and without any obligation or liability to you.

Do not rely on the information provided. All published articles, materials, case studies, quotes, graphics, images, videos and other information contained within the Services, as well as information of any kind communicated during video or phone calls, by email or through messaging apps (collectively, the “Information”) is provided for general information purposes only. The Information is not intended to provide advice or opinions that you should rely on when making a decision of any kind, including, but not limited to, medical, financial, psychological or legal decisions. We use reasonable efforts to update the Information. However, we make no warranties or representations, express or implied, that the Information is accurate, complete or up-to-date. We recommend you consult a certified professional before implementing or acting on the Information.

Links to Other Sites. The Services contain links to other websites and resources provided by third parties. These links are provided for your convenience and informational purposes only. We do not endorse, support or encourage the sites to which we link or the information contained within them. Such information is subject to change. We have no control over the content of these sites.

Acceptable use

When using our Services, you must:

– comply with applicable legal provisions, in particular, those regarding intellectual property and the protection of personal data;

– ensure that you have all necessary rights in relation to Customer Data;

– keep the communications between the Parties confidential.

When using our Services, you must not:

– probe, scan or test the vulnerability of our systems;

– upload malware or take actions that could affect the normal operation of the Services (for example, DDoS attacks);

– send advertising or promotional messages or any type of unsolicited, unauthorized or spam communications;

– violate or circumvent any security, authentication or identity verification measure;

– access, modify or use non-public areas or parts of the Services or common areas of the Services to which you have not been invited;

– upload or transfer through the Services files, software or links that contain or redirect to a virus, trojan, worm or other harmful component or technology that illegally accesses or downloads content or information stored within the Services or on hardware us or any third party;

– attempt to copy, modify, decompile, disable, translate or disrupt the functions, functionality, integrity or performance of the Services or reverse engineer them;

– upload or distribute data that in any way violates the law or the intellectual property rights of others;

– encourage or support others in behaviors that violate the Agreement.

Rules of conduct for Games. Also, by entering into this Agreement, you are committing to abide by the following rules of conduct while playing our Games. These rules are in place to ensure a fair, respectful, and enjoyable gaming experience for all players. Any violation of these rules may result in a temporary or permanent ban from the Games at the discretion of the Game’s support team. By entering into this Agreement, you acknowledge and agree to the following:

In case of misunderstandings

Disclaimer of Warranties

We provide the Services with a reasonable degree of skill and diligence.

To the fullest extent permitted by applicable law, the Services, including the Games, are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. We expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Services or Games will be uninterrupted, error-free, secure, or free from defects, viruses, or other harmful components. We make no representations or warranties regarding the accuracy, reliability, completeness, or timeliness of the Services or Games, or that they will meet your requirements or expectations.

Your use of the Services and Games is at your sole risk. Any content, materials, or information obtained through the use of the Services or Games is done at your own discretion and risk, and you will be solely responsible for any damage to your device or loss of data that results from such use.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty shall be the minimum permitted under such applicable law.

During use, you may encounter errors and limitations. You undertake to notify us of these, and we will work with you to remedy the problem.

Liability

The Agreement does not limit either party’s liability for death, personal injury, fraud, gross negligence or intent.

To the fullest extent permitted by applicable law, in no event shall we, our affiliates, or our respective directors, officers, employees, agents, licensors, or suppliers be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, revenue, goodwill, data, or other intangible losses, arising out of or in connection with your use of, or inability to use, the Services, including the Games, even if we have been advised of the possibility of such damages.

In any case, our total aggregate liability for all claims relating to the Services, including the Games, shall not exceed the amount of fees, if any, that you paid for the Services during the twelve (12) months immediately preceding the date of the claim.

The limitations of liability set forth in this clause shall apply regardless of the theory of liability, whether based on contract, tort (including negligence), strict liability, or any other legal theory, and whether or not we have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain damages or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. To the extent that we may not, as a matter of applicable law, limit our liabilities, the extent of our liability shall be the minimum permitted under such applicable law.

Force Majeure

Neither party shall be liable for its inability to comply with Agreement terms due to events beyond its control. Such events may include but are not limited to denial-of-service attacks, a failure by a third party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action. We will make reasonable efforts to resume performance as events may allow. However, if the events continue for more than 60 (sixty) days, either party may terminate this Agreement by delivering a notice to the other party.

Indemnification

You will indemnify us, our administrators, agents, employees and contractors against any claims, complaints, demands, liabilities, damages, losses and costs, including fines or actions by government authorities, incurred as a result of your breach of the terms of the Agreement or illegal use of the Services.

Disputes and Applicable Law

These Terms and any disputes or claims arising out of or relating to them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the jurisdiction in which our company is incorporated, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any other jurisdiction.

However, if you are a consumer residing in the European Union, you may also be entitled to certain consumer protection rights under the mandatory laws of your country of residence, and nothing in these Terms is intended to limit or restrict those rights. In such cases, the choice of law and jurisdiction provisions stated above shall not affect your rights as a consumer under the mandatory laws of your country of residence.

Any legal action or proceeding arising out of or related to these Terms or our Services shall be brought exclusively in the courts of the jurisdiction in which our company is incorporated, and you hereby consent to the exclusive jurisdiction and venue of such courts. Notwithstanding the foregoing, if you are a consumer residing in the European Union, you may also bring a claim in the courts of your country of residence, in accordance with applicable European legislation.

Miscellaneous 

Independent Relationship. This Agreement governs the relationship between you and us only. You may not transfer any rights or obligations under this Agreement to third parties without our prior written consent, and third parties shall have no rights under this Agreement.

Assignment. Either party may assign its rights and obligations under this Agreement, without the other party’s consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of assets.

No Waiver. The failure or delay of either party to exercise any right provided for in this Agreement shall not constitute a waiver of that right or any other rights under this Agreement.

Notices. Any notice required or permitted by this Agreement shall be in writing and delivered by mail, e-mail, or courier. Notices addressed to you may be sent to the email address associated with your account and shall be deemed delivered when sent. Notices to us shall be sent to ridersofdarkgaming@gmail.com.

Severability. If any provision of this Agreement is found to be invalid or unenforceable under applicable law, the remaining provisions of this Agreement shall remain in full force and effect. We agree to modify any invalid or unenforceable provision in a manner that most closely reflects the original intent of the provision.

Survival. All provisions of this Agreement that, by their nature, should survive termination or expiration of this Agreement shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnities, limitations of liability, and miscellaneous provisions.

Entire Agreement. This Agreement, together with any additional terms, policies, or agreements incorporated by reference, constitutes the entire agreement between you and us with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings, communications, or agreements, whether written or oral, relating to that subject matter.