GO GO GATSBY DESIGNS, LLC

TERMS OF USE

Last Updated January 29, 2020

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR SERVICES (DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR USE OUR SERVICES.

These Terms of Use (the “Terms”) apply to your access to and use of our websites, games, including Horse Eden Eventing, Draconis Theory, and WolfPlayGame, and other online products and services provided by Go Go Gatsby Designs, LLC (“GGGD”, “we”, or “us”) that links to these Terms (collectively, our “Services”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with us or our subsidiaries or affiliates, for products, services or otherwise.

We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by posting a notice on our Services and/or updating the “Last Updated” date above. Your continued use of our Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. If you do not agree to the amended Terms, you must stop using our Services.

If you have any questions or comments regarding our Services or these Terms, please contact us at admin@draconistheory.com.

  1. Privacy Policy. Please refer to our Privacy Policy for information on how we collect, use, share, and otherwise process information from users of our Services.

  2. Eligibility. You must be at least sixteen (16) years of age to use our Services. If you use our Services on behalf of another person, (a) all references to “you” throughout these Terms will include that person, (b) you represent that you are authorized to accept these Terms on that person’s behalf, and (c) in the event you or the person violates these Terms, the person agrees to be responsible to us.

  3. Accessing the Services and Account Security.

    We may withdraw or amend the Services, and any related service or content, or restrict access (including by means of cancellation, termination, modification, or suspension of a user account) to all or certain users (including you) without notice and without liability to you in our reasonable discretion. Additionally, due to your geographic location, the Services or some of their features, services, or content may be unavailable to you. Notwithstanding anything to the contrary herein, we may terminate or suspend access to the Services based on your breach of these Terms.

    To access certain Services, you will be asked to provide registration details or other information, and in order to use such resources, all the information you provide must be correct, current, and complete. If you choose, or are provided with, a login ID, password, or any other piece of information as part of our security procedures, you must treat such information as confidential (other than username), and you must not disclose it to others. You must immediately notify GGGD at admin@draconistheory.com of any unauthorized use of your login or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may only access the Services through your own account. Users do not own their accounts, and the gifting, selling, or otherwise transferring of accounts is prohibited.

    We reserve the right to automatically delete accounts after a period of inactivity. Free accounts will be deleted following a period of ninety (90) days of inactivity. Upgraded accounts will be deleted after one (1) year of inactivity.

    You may have up to three (3) free accounts per household. For the purposes of these Terms, “household” shall mean a location that uses the same network to access the Services. If GGGD finds that you have more than three free accounts, GGGD will delete the extra accounts and no refunds will be given for any Virtual Content (as defined in Section 6) purchased using those extra accounts.

  4. Intellectual Property Ownership and Limited License. Our Services, including the text, graphics, images, photographs, videos, illustrations, information, data, software, and other content and materials contained therein (and the selection, arrangement and presentation thereof), is owned by GGGD, or our licensors, and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to our Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for non-commercial purposes. Any other access, use, copying, distribution, retransmission or modification of our Services, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights.

  5. Trademarks. The GGGD name, the GGGD logo, Horse Eden, Draconis Theory, WolfPlayGame, and all related names, logos, product and service names, designs, and slogans are trademarks of GGGD or its affiliates or licensors. You agree not to use such marks without the prior written permission of the GGGD. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

  6. Virtual Content

    We may, at various times, permit you to use "real world" money to buy Virtual Content. "Virtual Content" is a generic term for the non-tangible products and services available to users for purchase within the Services which may be used within the Service to access certain features, functions, and other Virtual Content. Virtual Content includes but is not limited to, upgraded accounts and virtual items. Certain features in the Services may be unavailable if not purchased.

    We may, from time to time, and at our sole discretion, provide opportunities for users to acquire certain Virtual Content free of charge, at reduced rates, or as bonus content when you acquire other Virtual Content. You may only acquire Virtual Content in the amount and at times permitted by us in our sole discretion and may only purchase Virtual Content for your personal use within the Services. All features, content, capabilities, and specifications of Virtual Content described or depicted in the Services are subject to change at any time without notice.

    Virtual Content does not have monetary value, and may not be redeemed for legal currency, services, or items of value outside of the Services. Virtual Content obtained via the Services is provided to you under a limited, personal, revocable, non-transferable, non-sublicenseable license to use within the Services. You have no property interest; right or title in or to any Virtual Content appearing or originating in the service, and Virtual Content may not be transferred or resold in any manner not explicitly permitted by us. We may terminate your license to Virtual Content at any time and at our sole discretion.

  7. Purchases and Billing.

    For all charges for any Virtual Content sold on the Services, we, or a payment processor acting on our behalf, will bill your credit card or alternative payment method. All prices for Virtual Content are displayed excluding taxes. You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. In the event that your credit card or alternative payment provider refuses to pay us for an amount credited to your account, we will have the right to delete the Virtual Content or the products or services purchased with such Virtual Content from your account. You agree that you will not cancel or reverse any charges for such Virtual Content or otherwise attempt to defraud us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses.

    ALL PURCHASES OF VIRTUAL CONTENT ARE NON-RETURNABLE AND NON-REFUNDABLE. If you redeem in-game currency to purchase in-game virtual items, you lose any statutory right of withdrawal because we begin performing our services upon your redemption of in-game currency for Virtual Content. If through some problem with your account or any other reason you lose Virtual Content and we can verify that you had it, we will make commercially reasonable efforts to replace them.

    YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL CONTENT WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY. Certain jurisdictions may provide additional statutory rights, including a Cooling-Off Period which allows you to withdraw from a purchase. Nothing herein is meant to limit your return or cancellation rights for your purchase of Virtual Content under local law.

  8. Prohibited Use and Conduct.

    You agree not to access or use the Services in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these terms. You shall not:

    • Post, use, store, or transmit information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, hateful to any person, or that is likely to cause harm to any person;
    • Post, use, store, or transmit information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others;
    • Post, use, store, or transmit other users’ personally identifiable information;
    • Cheat, which includes, but is not limited to, transferring virtual content between accounts, transferring in-game currency between your accounts, or exploiting bugs for monetary advantage. See the Help section for more information on cheating;
    • Sell, trade, share, or giveaway your account;
    • Advertise other games, websites, products, or services including posting referral links to other websites.

      You further agree that you are solely responsible for your conduct while accessing or using our Services, and you agree that you will not do any of the following in connection with our Services or its users:



    9. Furthermore, you will comply with all applicable laws and legal obligations, including those pertaining to such areas as: copyright, trademark and other intellectual property laws, libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement. Violations of applicable laws may give rise to civil and/or criminal prosecution and penalties.

    You acknowledge and agree that you are solely responsible for maintaining the confidentiality of your account, login ID and password you use in connection with the Service, including by not reusing passwords you have used with the Services for any other account. You agree that GGGD will not be responsible for any losses arising out of any unauthorized use of your GGGD accounts.

    Notwithstanding anything to the contrary included in these Terms, we may at any time, with or without notice, suspend or terminate your access to some or all of the Services and refuse any and all current or future use of the Services at any time.

    Additionally you agree to follow all Game Rules.

  9. User Contributions.

    The Services contain various forums, networks, and other interactive features that allow you to post, submit, publish, display, or transmit to GGGD and other users (“Post”) content or materials (“User Contributions”) on or through the Services.

    All User Contributions must comply with the following content standards: User Contributions must not be illegal, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and must not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.”

    Any User Contribution that you Post will be considered non-confidential and non-proprietary, and you grant GGGD a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Contribution throughout the world in any media; however, GGGD will only share personal information that you provide in accordance with GGGD’s Privacy Policy.

    You represent and warrant that you own or otherwise control all of the rights to the User Contributions that you Post at the time of Posting; that the User Contributions are accurate and not fraudulent or deceptive; and that the User Contributions do not violate these Terms or the rights (intellectual property rights or otherwise) of any third party, and will not cause injury to any person or entity. You understand that your User Contributions may be copied by other Services users and discussed on and outside of the Services, and if you do not have the right to submit User Contributions for such use, it may subject you to liability. GGGD takes no responsibility and assumes no liability for any content Posted by you or any third party.

    GGGD has the right but not the obligation to monitor and edit or remove any User Contributions. GGGD also has the right to terminate your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms. GGGD may exercise these rights at any time, without notice or liability to you or any third party.

  10. Third-Party Content. We may provide information about third-party products, services, activities or events on our Services, or we may allow third parties to make their content and information available on our Services (collectively, “Third Party Content”) as a service to those interested in this information. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. We do not control, endorse or adopt any Third-Party Content and make no representation or warranties of any kind regarding Third-Party Content, and your access to and use of such Third-Party Content is at your own risk. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

  11. Feedback. You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information or materials regarding our Services (but excluding any client information) (collectively, the “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish or improve the Feedback in our sole discretion. You understand that we may treat Feedback as non-confidential.

  12. Reliance on Information Posted. The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

  13. Copyright Policy. In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that any part of our Services infringes any copyright that you own or control please review our DMCA Policy located Here.

  14. Indemnification. To the fullest extent permitted by applicable law, you will defend, indemnify and hold harmless GGGD, our officers, directors, agents, partners, employees, independent contractors, service providers and consultants, and their respective directors, employees and agents (individually and collectively, the “GGGD Parties”), from and against any losses, claims, damages, demands, costs, liabilities and expenses (“Claims”) arising out of or related to (a) your access to or use of our Services; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. You agree to promptly notify the GGGD Parties of any third-party Claims, cooperate with the GGGD Parties in defending such Claims, and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the GGGD Parties will have control of the defense or settlement, at our sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and the GGGD Parties.

  15. Disclaimer and Limitation of Liability.

    THE SERVICES AND ALL CONTENT THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BY USING THE SERVICE, YOUR ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SERVICE, AND THAT NEITHER GGGD NOR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, OFFICERS AND/OR AFFILIATES WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SERVICE.

    UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO GGGD'S NEGLIGENCE, WILL GGGD OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, OFFICERS AND/OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THESE SERVICES, EVEN IF GGGD OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TOTAL LIABILITY OF GGGD AND ITS AFFILIATES AND THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, OFFICERS AND/OR AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT) EXCEED $50.00.

    YOU UNDERSTAND THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS LISTED ABOVE ARE A CONDITION OF US MAKING THE SERVICE AVAILABLE TO YOU. WITHOUT THEM, WE WOULD NOT AND COULD NOT MAKE THE SERVICES AVAILABLE. You accept that if we discover that you have violated any portion of these Terms, we may take any step we deem appropriate including but not limited to terminating your account and access to the Services. You acknowledge that if that happens, you will not receive any reimbursement or other compensation for any items that may be associated with your account at the time of termination.

  16. Modifying or Terminating Services. We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

  17. Governing Law and Venue. Any dispute arising from these Terms and your use of our Services will be governed by and construed and enforced in accordance with the laws of the State of Georgia, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Georgia or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms will be filed only in the State courts located in Douglas County, Georgia, or in the Federal courts located in Fulton County, Georgia, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

  18. Miscellaneous. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any such provision in every other respect and the remaining provisions of these Terms will be unimpaired and these Terms will continue in full force and effect, unless the provisions held invalid, illegal, or unenforceable will substantially impair the benefits of the remaining provisions hereof. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights on any other person or entity. Notwithstanding anything to the contrary in these Terms, GGGD may assign, transfer, and delegate these Terms and its obligations hereunder at any time, in its sole discretion. Termination of these Terms will not affect the provisions that, by their nature, are intended to survive the termination hereof. You agree that communications and transactions between you and GGGD may be conducted electronically.