1.1 These Terms and Conditions (the “Terms” ) constitute a legally
binding agreement made between you ( “you” ) and FROZEN
Ltd., a company having its registered address at Belize City, Belize (
“we,”“us” or “our” ) concerning your
downloading, installing, accessing and using of the mobile game namely, ‘DogemonGo’ (the
“Game” ). You agree that by downloading, installing, accessing and
using the Game, you have read, understood, and agreed to be bound by these Terms. If you
do not agree with all of these Terms, then you are expressly prohibited from using the
Game and you must discontinue your use immediately.
1.2 Supplemental terms and conditions that may be added on the Game from time to time
are hereby expressly incorporated herein by reference. We reserve the right, in our sole
discretion, to make changes or modifications to these Terms at any time and for any
reason. We will alert you about any changes by updating the “Last updated” date of these
Terms and you waive any right to receive specific notice of each such change. It is your
responsibility to periodically review these Terms to stay informed of updates. You will
be subject to, and will be deemed to have been made aware of and to have accepted, the
changes in any revised Terms by your continued use of the Game after the date such
revised Terms are posted.
1.3The information provided on the Game is not intended for distribution to or use by
any person or entity in any jurisdiction or country where such distribution or use would
be contrary to law or regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly, those persons who choose
to access the Game from other locations do so on their own discretion and are solely
responsible for compliance with local laws, if and to the extent local laws are
applicable.
2. THE GAME
2.1 Game
DogemonGo is an augmented reality (AR) mobile game developed by FROZEN Ltd. for iOS and
Android devices. It uses mobile devices with GPS to locate, capture, train and battle
virtual creatures, called Dogemons etc., which appear as if they are in the player’s
real-world location. The game is free-to-play. Players cannot buy any of the in-game’s
items with real money and can only buy in-game’s items from Doge Stores using DOGO
Credits. DOGO Credits are like points which players can earn by catching different kinds
of Dogemons or in the Game. The salient features of the Game include:
AR Gaming
Catching Dogemons
Earning Cryptocurrencies while catching Dogemons, though it’s not
guaranteed
2.2 Augmented Reality Gaming
After establishing an Account with the Game, players create and customize their own avatars.
Once created, an avatar is displayed on a map based on the player’s geographical location.
Features on the map include Doge Stores. These Doge Stores can be equipped with items called
‘Rocket Balls’ and ‘Super Rocket Balls’ which players can buy using their DOGO Credits. Players
can also upgrade their levels in the Game by purchasing ‘Level Upgrades’ from Doge Stores using
their DOGO Credits. Doge Stores are typically located at places of interest.
As players move within their real world surroundings, their avatars move within the Game’s map.
Different Dogemons species reside in different areas of the world. For example, Water-type
characters are generally found near water. When a player encounters a Dogemon, it may be viewed
either in AR mode or with a live rendered, generic background. AR mode uses the camera and
gyroscope on the player’s mobile device to display an image of a Dogemon as though it were in
the real world. Players can take screenshots of the Dogemons they encounter either with or
without the AR mode activated.
2.3 Game Characters Collection
A player may throw a ‘Rocket Ball’ or a ‘Super Rocket Ball’ at it by flicking it from the bottom
of the screen up toward the Dogemons. If the Dogemons are successfully caught, it will come
under the ownership of the player. Factors in the success rate of catching a Dogemon include the
catch rate, the timing, the type of a ‘Rocket Ball’ or a ‘Super Rocket Ball’ used, etc. After
catching a Dogemon, the player is awarded with DOGO Credits. Players can also sometimes earn a
small portion of different kinds of cryptocurrencies namely, Binance Coin (BNB) Ethereum (ETH),
Dogecoin, etc. after catching specific types of Dogemons. Such earned cryptocurrencies are
deposited in the player’s centralized wallet which is built in the Game. The cryptocurrencies
can be withdrawn by player.
3. USE OF THE GAME SERVICES
3.1 Cheating
We prohibit cheating, and we constantly take steps to improve our anti-cheat
measures. Cheating includes any action that attempts to or actually alters or interferes
with the normal behavior or rules of the Game. Cheating includes, but is not limited to, any
of the following behavior, on your own behalf or on behalf of others:
Accessing Game in an unauthorized manner (including using modified or
unofficial third party software);
Playing the Game with multiple accounts;
Sharing accounts;
Using any techniques to alter or falsify a device’s location (for example
through GPS spoofing); and/or
Selling or trading accounts.
The Game may not work on devices that we detect or reasonably suspect to be cheating, and we
will not provide support to players who attempt to cheat. You agree that we may employ any
lawful mechanisms to detect and respond to cheating, fraud and other behavior prohibited under
these Terms, including checking your device for the existence of exploits or hacking and/or
unauthorized software.
3.2 Safe and Appropriate Use
While playing the Game, please be aware of your surroundings, and play and communicate
safely. You agree that you play the Game at your own risk, and that you will not play the Game to
violate any applicable law, regulation, policies or instructions as outlined in these Terms and you
will not encourage or enable any other individual to do so.
3.3 Your Interactions with Other People
You agree that in conjunction with your use of the Game services, you will maintain safe
and appropriate contact with other players and other people in the real world. You will not harass
threaten or otherwise violate the legal rights of others. You will not trespass, or in any manner
attempt to gain or gain access to any property or location where you do not have a right or
permission to be, and will not otherwise engage in any activity that may result in injury, death,
property damage, nuisance, or liability of any kind. If you have a dispute with any third party
relating to your use of Game services, you release us (and our officers, directors, agents,
subsidiaries, joint ventures, and employees) from all claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with such disputes.
4. CONTENT AND CONTENT RIGHTS
Subject to your compliance with these Terms, we grant you a personal, non-commercial,
non-exclusive, non-transferable, non-sublicensable, revocable, limited license to download,
view, display and use the Content solely for your permitted use within the Game services.
"Content" means the text, software, scripts, graphics, photos, sounds, music, videos,
audiovisual combinations, communications, interactive features, works of authorship of any
kind and information or other materials that are generated, provided or otherwise made
available through the Game services, including User Content. “User Content” means any
Content a user provides to be made available through Game services.
5. How We Use and Process the Data
5.1 Definition of Your Content: The Game may enable you to do
activities and share with others. All material that you upload, publish or display to others
via the Game will be referred to collectively as “Your Content.” You acknowledge and agree
that, as part of using the Game, Your Content may be viewed by the general public.
5.2 Ownership: You or your licensors, as applicable, retain ownership
of the copyright and other intellectual property in Your Content subject to the
non-exclusive rights granted to us below.
5.3 License and Permission to Use Your Content: By submitting, posting
or displaying Your Content on the Game, you grant us and our affiliated companies a
non-exclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable (through
multiple tiers), license to use, copy, reproduce, process, adapt, modify, create derivative
works from, publish, transmit, store, display and distribute, translate, communicate and
make available to the public and otherwise use Your Content in connection with the operation
or use of the Game or the promotion, advertising or marketing of the Game or our business
partners, in any and all media or distribution methods (now known or later developed). You
agree that this license includes the right for Game to make Your Content available to other
companies, organizations, business partners or individuals who collaborate with us for the
syndication, broadcast, communication and making available to the public, distribution or
publication of Your Content on the Game or through other media or distribution methods. This
license also includes the right for other users of the Game to use, copy, reproduce, adapt,
modify, create derivative works from, publish, transmit, display, and distribute, translate,
communicate and make available to the public Your Content, subject to our Terms.
5.4 We may remove your posts or activities. Once you post an activity, it may be edited
or deleted by us at any time. Any edits and changes made by you may be visible to other
users. Our right to copy, display, transmit, publish, perform, distribute, store, modify and
otherwise use any activity you post and sub-license those rights to others, is perpetual and
irrevocable, to the maximum extent permitted by law, except as otherwise specified in these
Terms.
5.5 You acknowledge and agree that we may preserve Your Content and may also disclose
Your Content and related information if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: (a) comply with legal
process, applicable laws or government requests; (b) enforce these Terms; (c) respond to
claims that any of Your Content violates the rights of third parties; (d) detect, prevent,
or otherwise address fraud, security or technical issues; or (e) protect our rights,
property or personal safety, our users or the public.
5.6 You understand that we may modify, adapt, or create derivative works from Your
Content in order to transmit, display or distribute it over computer networks, devices,
service providers and in various media. We may also remove or refuse to publish Your
Content, in whole or part, at any time.
5.7 You further give us the permission and authority to act as your non-exclusive agent
to take enforcement action against any unauthorized use by third-parties of any of Your
Content outside of the Game or in violation of our Terms.
5.8 Your Responsibilities for Your Content. By posting Your Content on
the Game, you represent and warrant to us that: (i) you have the ownership rights, or you
have obtained all needed licenses or permissions from any relevant parties, to use Your
Content and grant us the rights to use Your Content as provided for under these Terms, and
(ii) posting Your Content violates no intellectual property or personal right of others or
any applicable law or regulation. You accept full responsibility for avoiding infringement
of the intellectual property or personal rights of others or violation of laws and
regulations in connection with Your Content. You are responsible for ensuring that Your
Content does not violate Game’s policies or any applicable law or regulation. You agree to
pay all royalties, fees and any other monies owed to any person by reason of Your Content.
6. ADVERTISEMENTS
6.1 The Game may include advertisements, which may be targeted to people, content or
information on the Game, queries made through the Game, or other information, in an effort
to make them relevant to you. The types and extent of advertising by Game are subject to
change. In consideration for us granting you access to and use of the Game, you agree that
we and our third party providers and partners may place such advertising on the Game. If you
wish to become an advertiser, you will be required to enter into separate agreements with us
about providing advertising services on the Game.
7. WEB RESOURCES AND THIRD-PARTY SERVICES
7.1 The Game may also offer you the opportunity to visit links to other websites or to
engage with third-party products or services. You assume all risk arising out of your use of
such links, websites or resources.
8. INTELLECTUAL PROPERTY RIGHTS OF THE GAME
8.1 Unless otherwise indicated, the Game is our proprietary property and except the
intellectual property rights (including articles, logos, trademarks and content) of the
third party news websites, all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the Game (collectively, the
“Content”) and the trademarks, service marks, and logos contained therein (the
“Marks” ) are owned or controlled by us or licensed to us, and are
protected by applicable copyright and trademark laws and various other intellectual property
rights and unfair competition laws and international conventions. The Content and the Marks
are provided on the Game “AS IS” for your information and personal use only. Except as
expressly provided in these Terms, no part of the Game and no Content or Marks may be
copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written permission.
8.2 Subject to these Terms, you are granted a limited license to access and use the Game.
We reserve all rights not expressly granted to you in and to the Game, Content and the
Marks.
9.USER REPRESENTATIONS
9.1 By using the Game, you represent and warrant that: (1) all user information you will
submit will be true, accurate, current and complete; (2) you will maintain the accuracy of
such information and promptly update such registration user as necessary; (3) you have the
legal capacity and you agree to comply with these Terms; (4) you are not under the age of
13;] (5) you will not access the Game through automated or non-human means, whether through
a bot, script or otherwise; (6) you will not use the Game for any illegal or unauthorized
purpose; and (7) your use of the Game will not violate any applicable law or regulation.
9.2 If you provide any information that is untrue, inaccurate, not current or incomplete,
we have the right to suspend or terminate your Account and refuse any and all current or
future use of the Game (or any portion thereof).
10. ACCOUNT REGISTRATION
10.1 In order to use the Game, you will be required to register an account with the
Website as mentioned above. At the time of registration of an account, you will be asked to
complete a registration form which shall require you to provide personal information such as
first name, last name, gender, age (over 13), email address, and other personal information.
10.2 Upon verification of details, we may accept the account registration
application.
10.3 You will be allowed to sign-up with either of your following accounts: Google, Apple,
Twitter or Facebook accounts.
10.4 You represent, warrant and covenant that: (i) you have full power and authority to
accept these Terms, to grant any license and authorization and to perform any of your
obligations hereunder; (ii) you will undertake the use of the Website and Website Services
for personal purposes only; and (iii) the address you provide when registering is your
address.
10.4.1 You must not allow any other person to use your account
to access the Website.
10.4.2 You must notify us in writing immediately if you become
aware of any unauthorised use of your account with the Game.
10.4.3 You must notify us in writing immediately if you become
aware of any unauthorised use of your account with the Game.
11. USER IDS AND PASSWORDS
11.1 If you register for an account with the Website, you will be asked to choose a User
ID and password. Your User ID must not be misleading and must comply with the content rules
set out in these Terms; you must not use your account or User ID for or in connection with
the impersonation of any person.
11.2 You shall be responsible to maintain the confidentiality of your password and shall
be responsible for all uses via your registration and/or login, whether authorized or
unauthorized by you. You agree to immediately notify us of any unauthorized use or your
registration, User account or password.
11.3 You must notify us by emailing at [email protected] if you have reason to believe
that your account is no longer secure for any reason (for example, in the event of a loss,
theft or unauthorized disclosure or use of your password).
11.4 You are responsible for any activity and content on the account arising out of any
failure to keep your password confidential and may be held liable for any losses arising out
of such a failure.
11.5 Registration data and other personally identifiable information that we may collect
is subject to the terms of our Privacy Policy.
12.USE LICENSE
12.1 We hereby grant you a revocable, non-exclusive, non-transferable, limited right to
install and use the Game on wireless electronic devices owned or controlled by you, and to
access and use the Game on such devices strictly in accordance with these Terms. You shall
not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or
decrypt the Game; (2) make any modification, adaptation, improvement, enhancement,
translation or derivative work from the Game; (3) violate any applicable laws, rules, or
regulations in connection with your access or use of the Game; (4) remove, alter, or obscure
any proprietary notice (including any notice of copyright or trademark) posted by us or the
licensors of the Game; (5) use the Game for any revenue generating endeavor, commercial
enterprise, or other purpose for which it is not designed or intended; (6) make the Game
available over a network or other environment permitting access or use by multiple devices
or users at the same time; (7) use the Game for creating a product, service, or software
that is, directly or indirectly, competitive with or in any way a substitute for the Game;
(8) use the Game to send automated queries to any website or to send any unsolicited
commercial e-mail; or (9) use any proprietary information or any of our interfaces or our
other intellectual property in the design, development, manufacture, licensing, or
distribution of any applications, accessories, or devices for use with the Game.
13. APPLE AND ANDROID DEVICES
13.1 The following terms apply when you use a mobile application or game obtained from
either the Apple Store or Google Play (each an “App Distributor”) to access the Game: (1)
the license granted to you for our mobile application is limited to a non-transferable
license to use the application on a device that utilizes the Apple iOS or Android operating
systems, as applicable, and in accordance with the usage rules set forth in the applicable
App Distributor’s terms of service; (2) we are responsible for providing any maintenance and
support services with respect to the mobile application as specified in the terms and
conditions of this mobile application license contained in these Terms or as otherwise
required under applicable law, and you acknowledge that each App Distributor has no
obligation whatsoever to furnish any maintenance and support services with respect to the
mobile application; (3) in the event of any failure of the mobile application to conform to
any applicable warranty, you may notify the applicable App Distributor, and the App
Distributor, in accordance with its terms and policies, may refund the purchase price, if
any, paid for the mobile application, and to the maximum extent permitted by applicable law,
the App Distributor will have no other warranty obligation whatsoever with respect to the
mobile application; (4) you represent and warrant that (i) you are not located in a country
that is subject to a U.S. government embargo, or that has been designated by the U.S.
government as a “terrorist supporting” country and (ii) you are not listed on any U.S.
government list of prohibited or restricted parties; (5) you must comply with applicable
third-party terms of agreement when using the mobile application, and (6) you acknowledge
and agree that the App Distributors are third-party beneficiaries of the terms and
conditions in this mobile application license contained in these Terms, and that each App
Distributor will have the right (and will be deemed to have accepted the right) to enforce
the terms and conditions in this mobile application license contained in these Terms against
you as a third-party beneficiary thereof.
14. SUBMISSIONS
14.1 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback,
or other information regarding the Game ("Submissions") provided by you to us are
non-confidential and shall become our sole property. We shall own exclusive rights,
including all intellectual property rights, and shall be entitled to the unrestricted use
and dissemination of these Submissions for any lawful purpose, commercial or otherwise,
without acknowledgment or compensation to you. You hereby waive all moral rights to any such
Submissions, and you hereby warrant that any such Submissions are original with you or that
you have the right to submit such Submissions. You agree there shall be no recourse against
us for any alleged or actual infringement or misappropriation of any proprietary right in
your Submissions.
15. GAME MANAGEMENT
15.1 We reserve the right, but not the obligation, to: (1) monitor the Game for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Game or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Game in a manner designed to protect our rights and property and to facilitate the proper functioning of the Game.
16. PRIVACY POLICY
16.1 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback,
or other information regarding the Game ("Submissions") provided by you to us are
non-confidential and shall become our sole property. We shall own exclusive rights,
including all intellectual property rights, and shall be entitled to the unrestricted use
and dissemination of these Submissions for any lawful purpose, commercial or otherwise,
without acknowledgment or compensation to you. You hereby waive all moral rights to any such
Submissions, and you hereby warrant that any such Submissions are original with you or that
you have the right to submit such Submissions. You agree there shall be no recourse against
us for any alleged or actual infringement or misappropriation of any proprietary right in
your Submissions.
17. COPYRIGHT INFRINGEMENTS
17.1 We respect the intellectual property rights of others. If you believe that any material available on or through the Game infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Game infringes your copyright, you should consider first contacting an attorney.
18. TERM AND TERMINATION
18.1 These Terms shall remain in full force and effect while you use the Game. Without limiting any other provision of these terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Game (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty or covenant contained in these Terms or of any applicable law or regulation. We may terminate your use or participation in the Game or delete your Account and any content or information that you posted at any time, without warning, in our sole discretion.
18.2 If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
19. MODIFICATIONS AND INTERRUPTIONS
19.1 We reserve the right to change, modify, or remove the contents of the Game at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Game. We also reserve the right to modify or discontinue all or part of the Game without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Game.
19.2 We cannot guarantee the Game services will be available at all times. We may experience hardware, software or other problems or need to perform maintenance related to the Game, resulting in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Game at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Game during any downtime or discontinuance of the Game. Nothing in these Terms will be construed to obligate us to maintain and support the Game or to supply any corrections, updates or releases in connection therewith.
20. GOVERNING LAW
20.1 These Terms and your use of the Game are governed by and construed in accordance with the laws of Belize applicable to agreements, without regard to its conflict of law principles.
21. CORRECTIONS
21.1 There may be information on the Game that contains typographical errors, inaccuracies, or omissions that may relate to the Game, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Game at any time, without prior notice.
23. USER DATA
23.1 We will maintain certain data that you transmit to the Game for the purpose of managing the Game, as well as data relating to your use of the Game. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Game. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. User data may be used through e-mail marketing, Pop-Ups or Social Media Advertising for advertisement purposes.
24. CONTACT US
24.1 For any inquiries or complaints regarding the Website Service or the Website, please contact by emailing us at [email protected].