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Kingdom Draw End User License Agreement

1. Definitions

1.1
"We", "us", "our", and "Eternal Technics" refer to Eternal Technics Pty Ltd, an Australian private company registered as ACN 164078559 and ABN 60164078559.

1.2
"You", "user", "player", and "customer" refer to end users of the Kingdom Draw digital game; the entity entering into this agreement with Eternal Technics. If you are under the legal age of majority, your parent or legal guardian must consent to this agreement on your behalf.

1.3
"Third parties" refers to any legal or personal entity that is not Eternal Technics or the user.

1.4
"Distribution platforms" refers to the digital platforms that distribute and facilitate the operation of Kingdom Draw game clients, including but not limited to Steam (Valve Corporation), Google Play (Google), and App Store (Apple).

1.5
"Kingdom Draw" and "the game" refers to the digital game Kingdom Draw, distributed by the distribution platforms as outlined in section 1.4.

1.6
"Game client" refers to a varient of the Kingdom Draw application client software that runs on an end-user's digital device. Game clients contain a user interface and interact with Kingdom Draw game servers and distribution platform application programming interfaces (APIs).

1.7
"Game server" refers to one or more remote application servers that handle back-end processing. Game servers are owned and managed by Eternal Technics.

2. Terms

2.1 About this End User License Agreement

This End User License Agreement defines the terms which govern the restrictions, responsibilities, and rights permitted to and required by you and Eternal Technics within the scope of your interaction with the Kingdom Draw game, it's software, server-side services, data, accounts, and purchases you make within the game. Your rights as a consumer are protected by law. All legislative requirements within jurisdictions relevant to the use of Kingdom Draw by the user will always apply and may override specific provisions of this document.

2.2 Privacy

See our privacy policy at http://www.kingdom-draw.com/privacy/policy.html.

2.3 Streaming

Users are permitted to stream their gameplay of Kingdom Draw. Users who stream gameplay are responsible for their own conduct and must not violate the intellectual property rights of any individual or legal entity. Users who stream gameplay accept liability for all consequences arising from streaming, such as but not limited to; the ability for other users to watch their match and legal ramifications for infringing intellectual property rights. Users accept that their account alias may be visible on another user's stream in the event they engaged in a match with that user.

2.4 Card Packs

Users accept that cards contained within digital card packs are randomized. Each card pack contains six cards, 5 of the faction for which the card pack is purchased and 1 of the neutral faction. Each of the six (6) cards in each pack has a one percent (1%) chance of being a mythic tier card, a five percent (5%) chance of being an epic tier card, and is otherwise a common tier card. Users accept that a server-side random number generator is used to determine which cards are contained within card packs.

2.5 Virtual Currency Purchasing

Users can purchase card packs, avatars, and avatar borders with virtual currency. Users will not be refunded virtual currency for purchases made with virtual currency except under circumstances where the user did not receive the purchased item.

2.6 Real Currency Purchasing

Users can purchase card packs with real-life currency. Purchases with non-virtual currency are facilitated and governed by the distribution platform on which the user is playing the game at the time of purchase. Distribution platforms are listed below:

  • Apple AppStore iOS and macOS: Apple App Store
  • Google Play Android and Chromebook: Google Pay
  • Steam Windows, Linux, and MacOS: Steam

When you elect to purchase card packs with real-life currency, you are authorizing the distribution platform to charge the card or digital wallet you have specified for the prices displayed by the distribution platform at the time of purchase. Read the purchasing policy(ies) of the distribution platform(s) you are using for further information. Due to the nature of card randomisation within card packs (see section 2.4), refunds on card pack purchases are not permitted. Prior to purchasing card packs with non-virtual currency, users should consider that cards within card packs are randomly selected as described in section 2.4.

2.7 Esports

The game may be used for esports without prior permission from Eternal Technics. Esports facilitators and broadcasters accept all responsibility and liability arising from their use of the game. Esports facilitators and broadcasters must not misrepresent the game or Eternal Technics.

2.8 Restrictions

The following actions are not permitted by users at any time:

  • Connecting to server-side endpoints other than with the unmodified game client.
  • Modifying game client software
  • Reverse engineering of game client software.
  • De-obfuscation of game client code.
  • Denial of service attacks on server-side endpoints.

2.9 Intellectual Property

Eternal Technics owns all rights to the game, its name, its concept, game mechanics, story, characters, art, landscape designs, mission designs, card designs, code, and software, except for specific game assets that are licensed from other third-party creators. Eternal Technics owns all rights to the game’s digital goods, virtual currency, user accounts, and match statistics. Users do not own any rights to any aspect of the game.

2.10 Alias

Users must not create an account alias that is offensive, illegal, or contains explicit content or intent.

2.11 Termination

Eternal Technics reserves the right to suspend or terminate any user account without notice for the violation of these terms. In the event that an account has been suspended or terminated, the user associated with that account is not entitled to a refund of any purchases made or any form of compensation unless granted by applicable law.

2.12 Indemnity

You waive any right to make a claim against us with respect to actions, events, or causes that are reasonably beyond our control, except where your right is protected by consumer protection law. You indemnify us, our employees, contractors, and agents against all damages, costs, charges, liabilities, and expenses arising out of your use of the game and in-game purchases. We will not be liable for any losses or damage directly or indirectly suffered by you unless caused by our gross negligence or wilful misconduct, in which case we limit, where permissible by law, any liability to a refund of purchases made within the game with real-life currency.

2.13 Equitable Remedies

You agree that by violating these terms, you would damage Eternal Technics and we would be entitled to equitable relief in additional to remedies provided to us by applicable law.

2.14 Unreleased Content

You accept that new game content (such as but not limited to; new campaign chapters, cards, and avatars) may be released over time, which may alter the game’s mechanics, aesthetic, and balance. New content updates may alter existing cards or change a card’s value in relation to other cards or game mechanics.

2.15 Your Account Data

You accept that your account data, decks, match statistics, and transaction history will be stored on an Eternal Technics server. Read our privacy policy for details on how your data is stored.

2.16 Hall of Fame

You accept that, in the event you reach the “Titan League” during a ladder season, your Kingdom Draw account alias may appear on the “Hall of Fame” on the Kingdom Draw website. We reserve the right to keep your account alias listed on the “Hall of Fame” indefinitely and to remove it at any time.

2.17 Online Play

You accept that by playing ladder matches you may be matched up and play against other users from any location. You accept that other players choose their own account aliases, which are visible to you during ladder play. While we have put controls in place to limit the ability for users to choose offensive aliases, Eternal Technics accepts no liability for any offense or damage arising from the alias chosen by another user.