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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
– for our Games our Health and Safety Disclaimer
– 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:
No cheating or hacking: Cheating or hacking of any kind is strictly prohibited and may result in a permanent ban from the game.
Respect other players: All players must treat each other with respect and refrain from any form of hate speech, harassment, or bullying.
No spamming or excessive self-promotion: Spamming and excessive self-promotion are not allowed in-game chat or any other form of communication within the game.
No scamming or fraud: Scamming or fraud of any kind is strictly prohibited and may result in a permanent ban from the game.
No selling or buying accounts: Selling or buying game accounts is strictly prohibited and may result in a permanent ban from the game.
Adhere to the terms of service: Players must abide by the terms of service and any other policies outlined by the game developer.
Reporting misconduct: Players are encouraged to report any misconduct or rule-breaking behaviour to the game’s support team.
Responsibility for actions: Players are solely responsible for their actions and the consequences that result from them within the game.
Fair play: Players must play the game in a fair and sportsmanlike manner and not engage in any behaviour that is deemed to be disruptive or unfair.
Modifications: Players must not modify the game client or use any third-party software or tools that may give them an unfair advantage.
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.
Privacy Policy
When you use our Services, you entrust us with your personal data and other data that can identify or are associated with you. We take seriously the responsibility to protect and maintain its confidentiality.
This Privacy Policy (the “Policy”) forms part of the Contract between you and us. Capitalized and undefined terms have the meanings set out in our Terms.
This Policy describes how we process your personal data when you access or use our Services and how we use cookies and similar technologies.
What data do we process?
Data provided by you
We will process the following types of personal data provided directly by you:
identification data, such as your name
your contact details, such as your phone number or email address
records of our communications
One or more of the types of personal data mentioned above will be processed in the following cases:
when you use our Services or subscribe to our newsletter
when you send us feedback, report a problem with the Services, or participate in forums, discussions, comment sections or other media features within the Services
when you participate in a competition, promotion or when you choose to take a survey
when you contact us via our contact form or ask for support by phone, email or through the Services
Data collected as a result of using the Services
We process this data to understand which features you use most often and how we can improve the Services and protect you and us against attempts to misuse the Services. We will process the following types of personal data when you interact with our App or website:
identifiers of your device, such as geolocation, web browser, operating system or IP address
interactions, such as data collected through cookies and similar technologies
Data Provided by Third Parties
We may collect your personal data from third parties and others, including social media platforms, advertisers, statistical data providers or your employer. The data we may receive from third parties is subject to agreements you already have with these. We use reasonable efforts to ensure that these people have all the necessary rights to collect and transfer your data. We may also collect data about you from public sources, such as press articles or public registers and databases.
We will process this data and may corroborate it with data already provided by you in situations such as organizing a media campaign or verifying your identity.
What is the legal basis for data processing?
We process your personal data based on a legal basis, such as:
Execution of the Contract
We process your data to provide you with the Services and to comply with our obligations under the Agreement.
Legitimate interest
There are situations where we process your data to pursue our legitimate interests or those of third parties. In these cases, we will consider whether the data processing is necessary and whether the benefits of the processing do not disproportionately contravene your rights and interests.
For example, we will base our data processing on the legitimate interest to:
– maintaining and improving the security of the Services as well as preventing, detecting and remedying security incidents, acts of fraud, abuse or improper use of the Services;
– providing and improving the Services, as well as developing new services and products;
– understanding how you use the Services and customizing them to provide you with a more pleasant experience;
– carrying out research activities in the public interest.
Fulfilling legal obligations
The processing of your personal data may be required by specific statutory provisions and regulations applicable to us.
Your consent
We request your express consent regarding collecting certain categories of data and processing it for specific purposes.
For example, your personal data is processed based on consent when we ask whether you wish to receive messages for direct marketing purposes.
For what purpose do we process the data?
Provision of Services
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Legal basis: execution of the Agreement, legitimate interest, legal obligations
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We process your data to provide the Services such as:
to verify your identity and to be able to establish a contractual relationship
to decide whether we can provide you with certain services
to comply with our contractual and legal obligations concerning the Services provided
Service development and analysis
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Legal basis: legitimate interest
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We process your data to understand how you use the Services and the features you use most often. We may use the data we collect in an anonymized and aggregated form (so that you are not identified) to test the integrity and security of our systems, support research, analyze, improve the Services, and develop new products, services or features.
Prevention of fraud and crime
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Legal basis: legitimate interest, legal obligations
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We process your personal data for purposes such as detecting, investigating and reporting irregular use that could be considered illegal activities or verifying your identity. In these situations, we may retain the data and disclose it to competent authorities to investigate the facts.
Communication with you
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Legal basis: consent, execution of the Agreement
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We process your personal data to communicate with you in connection with the provision of the Services or to respond to you when you contact us.
Complying with legal obligations and promoting our rights and interests
____
Legal basis: legitimate interest, legal obligations
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We process your personal data:
– to respond to any complaints or requests from you or the competent authorities
– to keep administrative and accounting records, as required by law
– to be able to defend us or file a complaint or legal action.
Marketing and promoting products and services that may be of interest to you.
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Legal basis: consent, legitimate interest
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The processing of personal data for this purpose may involve:
the communication of commercial offers and information related to the products and services offered by our partners or us. If you do not wish to receive such communications, you can adjust your preferences by accessing the “unsubscribe” link included in all promotional messages.
personalizing communications to be more relevant and of interest to you
analyzing marketing campaigns to measure the effectiveness of our efforts, and provide you with relevant information
requesting an opinion or review concerning our Services
What are your rights
The right to be informed
This Policy is intended to inform you about how we process your personal data. Feel free to ask us any questions about this Policy or how we process data.
The right of access, modification and rectification
You can always ask us for a copy of the personal data we process about you and to change or rectify it if you think it is wrong or incomplete. Note that you must prove that the new data provided is correct. Also, to allow you access to the data or to respond to a request for modification or rectification of the data, we have to verify the requester’s identity.
The right to data deletion
You can request the deletion of your personal data at any time if:
– the personal data are no longer necessary to fulfil the purposes for which they were collected or processed
– you have withdrawn your consent based on which the processing takes place
– you objected to data processing
– we have processed your personal data illegally
– we have a legal obligation to delete the data
Please note that we may refuse your data deletion request if another legal basis (such as compliance with legal obligations) compels us to continue processing your data.
The right to object to the processing of personal data for marketing purposes
You can request that we stop processing your personal data for marketing purposes at any time. Note that you will still receive communications related to the Services (such as notices of changes to the Agreement or emails related to the provision of the Services).
The right to object to the processing of personal data based on our legitimate interests or those of third parties
You can request that we stop processing your personal data at any time based on our legitimate interest. However, please note that we may continue to process data if another legal basis (such as compliance with legal obligations) compels us to do so.
Also, if you object to processing your personal data necessary for providing the Services, we will not be able to provide you with certain services or features.
The right to request the restriction of the processing of personal data
You can request the restriction of the processing of your personal data at any time if:
– you ask us to investigate the accuracy of the data
– the data processing is illegal, but you do not want us to delete the data
– we no longer need the personal data, but you ask us to keep it to use it in legal action
– you have objected to data processing, but we need to check whether another legal basis overrides your rights.
The right to portability of personal data
You can request at any time that we transfer your personal data that we process. Suppose we have the necessary means, and this is not prohibited by law or a provision of the competent authorities. In that case, we will transfer your data in a structured and commonly used format.
The right to withdraw your consent to the processing of personal data
You can withdraw your consent to processing your personal data at any time. The withdrawal of consent does not affect the legality of the processing carried out beforehand.
How you can exercise your rights
You may exercise the rights described above by contacting us by email at ridersofdarkgaming@gmail.com or directly through the Services when this option is available.
For security reasons, we will need to verify your identity to respond to your request (for example, we may ask you to provide us with an ID document). In addition, please note that we may require you to pay the costs incurred by us due to an excessive or unfounded claim.
You may also lodge a complaint with your local data protection authority. For individuals residing in the European Economic Area, appropriate contact details may be found here. For UK residents, the Information Commissioner’s Office website may be found here.
How we transfer your data
We transfer your data in the following ways:
Within the Services
We may share or make publicly available within the Services your personal data in order for you to access certain features of the Services. For example, we may share your name or other identifying information if you choose to give us a review or post a comment on our blog.
To third parties
We do not and will never sell your personal data.
We engage third-party vendors and external collaborators to enable us to provide and improve the Services. These third parties have access to your data based on your consent or another legal basis, which they process only for the purposes indicated by us. In addition, we constantly assess whether these third parties have implemented and maintained adequate technical and organizational data security and privacy measures. You can find the full list and the role of each of them on our page dedicated to Third Party Providers, External Collaborators and Affiliated Entities.
These include:
– companies that provide us with the technical, organizational, analytical and security infrastructure necessary to provide the Services to you, such as data storage and hosting, IT services or customer support providers
– external collaborators that provide certain legal and accounting services
– courts and other public authorities
In accordance with the requests of the competent authorities and to prevent harm
In certain situations, we may be required to transfer your data to law enforcement authorities, following their express requests, as required by law.
We may also process and transfer your data when we reasonably believe this is necessary to detect, combat, remedy or respond to fraud, unauthorized use of the Services or breach of the Agreement. We do this to protect ourselves, you and others during investigations by competent authorities or legal action.
If we terminate your account because you have violated our terms or policies, please be aware that we will need to continue to store your data for the period of time necessary to prevent and reduce the risk of repeated or new abuse violations.
How we use cookies
Cookies are small, often encrypted text files, located in browser directories. They are used by web developers to help users navigate their websites efficiently and perform certain functions. You can learn more about cookies at https://www.allaboutcookies.org/
We use cookies, pixel tags, and other related technologies to provide a better experience for our users and support the development of our Services. You can always set your browser to refuse cookies, but keep in mind that some websites may not function properly if cookies are refused.
We use the following types of cookies:
Essential cookies. These cookies are necessary in order for us to be able to provide the Services.
Analytics Cookies. We and our Subprocessors use these cookies to analyze how people are using our Services and evaluate their performance.
– Google Analytics: Google Analytics is a web analysis service that helps us understand how people visit our websites. For example: from which web page you accessed our website, which pages you accessed and how long you spent on them. The information provided by Google Analytics is available to us in an anonymized form. You can learn more about how Google processes your personal data here.
– Hotjar: We use Hotjar to better understand our users’ needs and optimise this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behaviour and their devices. This includes a device’s IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymised user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf. For further details, please see the ‘about Hotjar’ section of Hotjar’s support site. You always have the option to request that Hotjar not collect data about your activity when you visit a site that has implemented its services. You can do this by visiting the Hotjar Opt-out page and clicking the “Disable Hotjar” button or by enabling your browser’s Do Not Track (DNT) feature.”
Advertising. We allow certain third parties to use cookies for advertising purposes. These cookies track you across the internet in order to provide targeted, relevant ads.
If you wish to refuse cookies or remove previously-stored ones, please navigate to your browser settings. Guides for the most common web browsers can be found below:
– Manage cookies on Internet Explorer
– Manage cookies on Firefox
– Manage cookies on Chrome
– Manage cookies on Safari
International data transfer
Depending on your location and the services provided, your personal data may be transferred, stored and processed outside your country of residence in the locations where our third-party providers carry out their operations. We make reasonable efforts to ensure that they have implemented adequate data protection and security measures so that your data enjoys the level of protection required by regulations such as the General Data Protection Regulation. We have entered into data processing agreements with each of our third-party suppliers, which include, among other things, their contractual obligation to implement and maintain appropriate data protection procedures and measures.
When we transfer your data outside the European Economic Area, we do so on a legal basis and consider several legal mechanisms, such as Standard Contractual Clauses approved by the European Commission and supplier certification under the EU-US Privacy Shield.
Data Retention
In principle, we only store your data for as long as necessary to provide the Services or until we can comply with a request from you to delete your data – whichever comes first. However, we retain certain personal data even after these situations, such as when the processing is based on a legitimate interest or compliance with a legal obligation.
Modification of this Policy
If we change this policy, we will post the updated version here. We recommend that you check this page regularly. Your rights under this Privacy Policy will not be diminished without your consent.
How to contact us
The controller of your personal data is 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.
Regarding your personal data, you can contact us by email at ridersofdarkgaming@gmail.com.
Health and Safety Disclaimer
Please be aware that some individuals may be sensitive to flashing lights, patterns, or images in video games, which can trigger seizures or other health-related issues. If you or someone you know has a history of photosensitive epilepsy or a similar condition, it is recommended that you consult a medical professional before playing our games.
Additionally, playing video games for extended periods of time can cause eye strain, headaches, and other physical discomforts. It is recommended that players take regular breaks and practice good posture and eye care while playing.
If you experience any of the following symptoms while playing our games, it is recommended that you immediately stop playing and seek medical attention if necessary:
Seizures or convulsions
Eye strain, eye fatigue, or eye discomfort
Headaches or migraines
Nausea or dizziness
Disorientation or confusion
Physical discomfort or pain
In addition, if you experience any other symptoms that you believe are related to playing our games, it is recommended that you stop playing and seek medical advice. The developers and publishers of our games take no responsibility for any health issues that may arise from playing the games, and it is the player’s responsibility to be aware of their own health and to discontinue playing if necessary.
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
– for our Games our Health and Safety Disclaimer
– 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:
No cheating or hacking: Cheating or hacking of any kind is strictly prohibited and may result in a permanent ban from the game.
Respect other players: All players must treat each other with respect and refrain from any form of hate speech, harassment, or bullying.
No spamming or excessive self-promotion: Spamming and excessive self-promotion are not allowed in-game chat or any other form of communication within the game.
No scamming or fraud: Scamming or fraud of any kind is strictly prohibited and may result in a permanent ban from the game.
No selling or buying accounts: Selling or buying game accounts is strictly prohibited and may result in a permanent ban from the game.
Adhere to the terms of service: Players must abide by the terms of service and any other policies outlined by the game developer.
Reporting misconduct: Players are encouraged to report any misconduct or rule-breaking behaviour to the game’s support team.
Responsibility for actions: Players are solely responsible for their actions and the consequences that result from them within the game.
Fair play: Players must play the game in a fair and sportsmanlike manner and not engage in any behaviour that is deemed to be disruptive or unfair.
Modifications: Players must not modify the game client or use any third-party software or tools that may give them an unfair advantage.
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.
Privacy Policy
When you use our Services, you entrust us with your personal data and other data that can identify or are associated with you. We take seriously the responsibility to protect and maintain its confidentiality.
This Privacy Policy (the “Policy”) forms part of the Contract between you and us. Capitalized and undefined terms have the meanings set out in our Terms.
This Policy describes how we process your personal data when you access or use our Services and how we use cookies and similar technologies.
What data do we process?
Data provided by you
We will process the following types of personal data provided directly by you:
identification data, such as your name
your contact details, such as your phone number or email address
records of our communications
One or more of the types of personal data mentioned above will be processed in the following cases:
when you use our Services or subscribe to our newsletter
when you send us feedback, report a problem with the Services, or participate in forums, discussions, comment sections or other media features within the Services
when you participate in a competition, promotion or when you choose to take a survey
when you contact us via our contact form or ask for support by phone, email or through the Services
Data collected as a result of using the Services
We process this data to understand which features you use most often and how we can improve the Services and protect you and us against attempts to misuse the Services. We will process the following types of personal data when you interact with our App or website:
identifiers of your device, such as geolocation, web browser, operating system or IP address
interactions, such as data collected through cookies and similar technologies
Data Provided by Third Parties
We may collect your personal data from third parties and others, including social media platforms, advertisers, statistical data providers or your employer. The data we may receive from third parties is subject to agreements you already have with these. We use reasonable efforts to ensure that these people have all the necessary rights to collect and transfer your data. We may also collect data about you from public sources, such as press articles or public registers and databases.
We will process this data and may corroborate it with data already provided by you in situations such as organizing a media campaign or verifying your identity.
What is the legal basis for data processing?
We process your personal data based on a legal basis, such as:
Execution of the Contract
We process your data to provide you with the Services and to comply with our obligations under the Agreement.
Legitimate interest
There are situations where we process your data to pursue our legitimate interests or those of third parties. In these cases, we will consider whether the data processing is necessary and whether the benefits of the processing do not disproportionately contravene your rights and interests.
For example, we will base our data processing on the legitimate interest to:
– maintaining and improving the security of the Services as well as preventing, detecting and remedying security incidents, acts of fraud, abuse or improper use of the Services;
– providing and improving the Services, as well as developing new services and products;
– understanding how you use the Services and customizing them to provide you with a more pleasant experience;
– carrying out research activities in the public interest.
Fulfilling legal obligations
The processing of your personal data may be required by specific statutory provisions and regulations applicable to us.
Your consent
We request your express consent regarding collecting certain categories of data and processing it for specific purposes.
For example, your personal data is processed based on consent when we ask whether you wish to receive messages for direct marketing purposes.
For what purpose do we process the data?
Provision of Services
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Legal basis: execution of the Agreement, legitimate interest, legal obligations
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We process your data to provide the Services such as:
to verify your identity and to be able to establish a contractual relationship
to decide whether we can provide you with certain services
to comply with our contractual and legal obligations concerning the Services provided
Service development and analysis
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Legal basis: legitimate interest
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We process your data to understand how you use the Services and the features you use most often. We may use the data we collect in an anonymized and aggregated form (so that you are not identified) to test the integrity and security of our systems, support research, analyze, improve the Services, and develop new products, services or features.
Prevention of fraud and crime
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Legal basis: legitimate interest, legal obligations
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We process your personal data for purposes such as detecting, investigating and reporting irregular use that could be considered illegal activities or verifying your identity. In these situations, we may retain the data and disclose it to competent authorities to investigate the facts.
Communication with you
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Legal basis: consent, execution of the Agreement
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We process your personal data to communicate with you in connection with the provision of the Services or to respond to you when you contact us.
Complying with legal obligations and promoting our rights and interests
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Legal basis: legitimate interest, legal obligations
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We process your personal data:
– to respond to any complaints or requests from you or the competent authorities
– to keep administrative and accounting records, as required by law
– to be able to defend us or file a complaint or legal action.
Marketing and promoting products and services that may be of interest to you.
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Legal basis: consent, legitimate interest
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The processing of personal data for this purpose may involve:
the communication of commercial offers and information related to the products and services offered by our partners or us. If you do not wish to receive such communications, you can adjust your preferences by accessing the “unsubscribe” link included in all promotional messages.
personalizing communications to be more relevant and of interest to you
analyzing marketing campaigns to measure the effectiveness of our efforts, and provide you with relevant information
requesting an opinion or review concerning our Services
What are your rights
The right to be informed
This Policy is intended to inform you about how we process your personal data. Feel free to ask us any questions about this Policy or how we process data.
The right of access, modification and rectification
You can always ask us for a copy of the personal data we process about you and to change or rectify it if you think it is wrong or incomplete. Note that you must prove that the new data provided is correct. Also, to allow you access to the data or to respond to a request for modification or rectification of the data, we have to verify the requester’s identity.
The right to data deletion
You can request the deletion of your personal data at any time if:
– the personal data are no longer necessary to fulfil the purposes for which they were collected or processed
– you have withdrawn your consent based on which the processing takes place
– you objected to data processing
– we have processed your personal data illegally
– we have a legal obligation to delete the data
Please note that we may refuse your data deletion request if another legal basis (such as compliance with legal obligations) compels us to continue processing your data.
The right to object to the processing of personal data for marketing purposes
You can request that we stop processing your personal data for marketing purposes at any time. Note that you will still receive communications related to the Services (such as notices of changes to the Agreement or emails related to the provision of the Services).
The right to object to the processing of personal data based on our legitimate interests or those of third parties
You can request that we stop processing your personal data at any time based on our legitimate interest. However, please note that we may continue to process data if another legal basis (such as compliance with legal obligations) compels us to do so.
Also, if you object to processing your personal data necessary for providing the Services, we will not be able to provide you with certain services or features.
The right to request the restriction of the processing of personal data
You can request the restriction of the processing of your personal data at any time if:
– you ask us to investigate the accuracy of the data
– the data processing is illegal, but you do not want us to delete the data
– we no longer need the personal data, but you ask us to keep it to use it in legal action
– you have objected to data processing, but we need to check whether another legal basis overrides your rights.
The right to portability of personal data
You can request at any time that we transfer your personal data that we process. Suppose we have the necessary means, and this is not prohibited by law or a provision of the competent authorities. In that case, we will transfer your data in a structured and commonly used format.
The right to withdraw your consent to the processing of personal data
You can withdraw your consent to processing your personal data at any time. The withdrawal of consent does not affect the legality of the processing carried out beforehand.
How you can exercise your rights
You may exercise the rights described above by contacting us by email at ridersofdarkgaming@gmail.com or directly through the Services when this option is available.
For security reasons, we will need to verify your identity to respond to your request (for example, we may ask you to provide us with an ID document). In addition, please note that we may require you to pay the costs incurred by us due to an excessive or unfounded claim.
You may also lodge a complaint with your local data protection authority. For individuals residing in the European Economic Area, appropriate contact details may be found here. For UK residents, the Information Commissioner’s Office website may be found here.
How we transfer your data
We transfer your data in the following ways:
Within the Services
We may share or make publicly available within the Services your personal data in order for you to access certain features of the Services. For example, we may share your name or other identifying information if you choose to give us a review or post a comment on our blog.
To third parties
We do not and will never sell your personal data.
We engage third-party vendors and external collaborators to enable us to provide and improve the Services. These third parties have access to your data based on your consent or another legal basis, which they process only for the purposes indicated by us. In addition, we constantly assess whether these third parties have implemented and maintained adequate technical and organizational data security and privacy measures. You can find the full list and the role of each of them on our page dedicated to Third Party Providers, External Collaborators and Affiliated Entities.
These include:
– companies that provide us with the technical, organizational, analytical and security infrastructure necessary to provide the Services to you, such as data storage and hosting, IT services or customer support providers
– external collaborators that provide certain legal and accounting services
– courts and other public authorities
In accordance with the requests of the competent authorities and to prevent harm
In certain situations, we may be required to transfer your data to law enforcement authorities, following their express requests, as required by law.
We may also process and transfer your data when we reasonably believe this is necessary to detect, combat, remedy or respond to fraud, unauthorized use of the Services or breach of the Agreement. We do this to protect ourselves, you and others during investigations by competent authorities or legal action.
If we terminate your account because you have violated our terms or policies, please be aware that we will need to continue to store your data for the period of time necessary to prevent and reduce the risk of repeated or new abuse violations.
How we use cookies
Cookies are small, often encrypted text files, located in browser directories. They are used by web developers to help users navigate their websites efficiently and perform certain functions. You can learn more about cookies at https://www.allaboutcookies.org/
We use cookies, pixel tags, and other related technologies to provide a better experience for our users and support the development of our Services. You can always set your browser to refuse cookies, but keep in mind that some websites may not function properly if cookies are refused.
We use the following types of cookies:
Essential cookies. These cookies are necessary in order for us to be able to provide the Services.
Analytics Cookies. We and our Subprocessors use these cookies to analyze how people are using our Services and evaluate their performance.
– Google Analytics: Google Analytics is a web analysis service that helps us understand how people visit our websites. For example: from which web page you accessed our website, which pages you accessed and how long you spent on them. The information provided by Google Analytics is available to us in an anonymized form. You can learn more about how Google processes your personal data here.
– Hotjar: We use Hotjar to better understand our users’ needs and optimise this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behaviour and their devices. This includes a device’s IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymised user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf. For further details, please see the ‘about Hotjar’ section of Hotjar’s support site. You always have the option to request that Hotjar not collect data about your activity when you visit a site that has implemented its services. You can do this by visiting the Hotjar Opt-out page and clicking the “Disable Hotjar” button or by enabling your browser’s Do Not Track (DNT) feature.”
Advertising. We allow certain third parties to use cookies for advertising purposes. These cookies track you across the internet in order to provide targeted, relevant ads.
If you wish to refuse cookies or remove previously-stored ones, please navigate to your browser settings. Guides for the most common web browsers can be found below:
– Manage cookies on Internet Explorer
– Manage cookies on Firefox
– Manage cookies on Chrome
– Manage cookies on Safari
International data transfer
Depending on your location and the services provided, your personal data may be transferred, stored and processed outside your country of residence in the locations where our third-party providers carry out their operations. We make reasonable efforts to ensure that they have implemented adequate data protection and security measures so that your data enjoys the level of protection required by regulations such as the General Data Protection Regulation. We have entered into data processing agreements with each of our third-party suppliers, which include, among other things, their contractual obligation to implement and maintain appropriate data protection procedures and measures.
When we transfer your data outside the European Economic Area, we do so on a legal basis and consider several legal mechanisms, such as Standard Contractual Clauses approved by the European Commission and supplier certification under the EU-US Privacy Shield.
Data Retention
In principle, we only store your data for as long as necessary to provide the Services or until we can comply with a request from you to delete your data – whichever comes first. However, we retain certain personal data even after these situations, such as when the processing is based on a legitimate interest or compliance with a legal obligation.
Modification of this Policy
If we change this policy, we will post the updated version here. We recommend that you check this page regularly. Your rights under this Privacy Policy will not be diminished without your consent.
How to contact us
The controller of your personal data is 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.
Regarding your personal data, you can contact us by email at ridersofdarkgaming@gmail.com.
Health and Safety Disclaimer
Please be aware that some individuals may be sensitive to flashing lights, patterns, or images in video games, which can trigger seizures or other health-related issues. If you or someone you know has a history of photosensitive epilepsy or a similar condition, it is recommended that you consult a medical professional before playing our games.
Additionally, playing video games for extended periods of time can cause eye strain, headaches, and other physical discomforts. It is recommended that players take regular breaks and practice good posture and eye care while playing.
If you experience any of the following symptoms while playing our games, it is recommended that you immediately stop playing and seek medical attention if necessary:
Seizures or convulsions
Eye strain, eye fatigue, or eye discomfort
Headaches or migraines
Nausea or dizziness
Disorientation or confusion
Physical discomfort or pain
In addition, if you experience any other symptoms that you believe are related to playing our games, it is recommended that you stop playing and seek medical advice. The developers and publishers of our games take no responsibility for any health issues that may arise from playing the games, and it is the player’s responsibility to be aware of their own health and to discontinue playing if necessary.