The DestinyTheGame.me Web Site is comprised of various Web pages, including DestinyTheGame.me ("DestinyTheGame") (the "DestinyTheGame Web Sites"). DestinyTheGame also provides applications for your mobile devices ("DestinyTheGame Mobile Apps") through which we offer various services (the "DestinyTheGame Mobile Services"). Together, we will refer to the DestinyTheGame Mobile Apps, DestinyTheGame Mobile Services, DestinyTheGame Web Sites, and Software (as defined below) as the "DestinyTheGame Services".
The DestinyTheGame Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (collectively, these “Terms”). Your download, install or use of any of the DestinyTheGame Services constitutes your agreement to all such terms, conditions, and notices. By registering with us or using or browsing the DestinyTheGame Services, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions. If you do not agree to these Terms, please stop using the DestinyTheGame Services. Your use of the DestinyTheGame Services is also subject to the DestinyTheGame Privacy Statement which is incorporated by reference into these Terms. The DestinyTheGame Services may also contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas) ("Additional Terms").
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within the DestinyTheGame Services, then these Terms shall control.
The DestinyTheGame Services are not directed to children younger than 13 and are offered only to users 13 years of age or older. If you are under 13 years old, please do not use the DestinyTheGame Services. Any person who provides their personal information through the DestinyTheGame Services represents to us that they are 13 years of age or older. You hereby represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms. If you are using the DestinyTheGame Services as a representative of a company or legal entity, (i) you represent that you have the authority to enter into these Terms on behalf of that company or entity, and (ii) you agree that the terms "you" and "your" in these Terms refers to your company or legal entity.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the DestinyTheGame Services are for your personal and non-commercial use. Except as expressly provided in these Terms, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the DestinyTheGame Services.
LINKS TO THIRD PARTY SITES AND THIRD PARTY SERVICES
The DestinyTheGame Services may contain links or functionality that use or point to other Web Sites or services ("Third Party Services"). The Third Party Services are not under the control of DestinyTheGame and DestinyTheGame is not responsible for the contents of any Third Party Service, including without limitation any link contained in a Third Party Service, or any changes or updates to a Third Party Service. DestinyTheGame is not responsible for webcasting or any other form of transmission received from any Third Party Service. DestinyTheGame is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DestinyTheGame of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the DestinyTheGame Services you warrant to DestinyTheGame that you will not use the DestinyTheGame Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If you connect to your DestinyTheGame account or otherwise access the DestinyTheGame Services through a Third Party Service, you warrant to DestinyTheGame that you are in full compliance with all terms and conditions governing your use of such Third Party Service. You may not use the DestinyTheGame Services in any manner which could damage, disable, overburden, or impair the DestinyTheGame Services or interfere with any other party's use and enjoyment of the DestinyTheGame Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the DestinyTheGame Services.
USE OF COMMUNICATION SERVICES
The DestinyTheGame Services may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Impersonate any other individual or entity.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
DestinyTheGame has no obligation to monitor the Communication Services. However, DestinyTheGame reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. DestinyTheGame reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
DestinyTheGame reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in DestinyTheGame’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. DestinyTheGame does not control or endorse the content, messages or information found in any Communication Service and, therefore, DestinyTheGame specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized DestinyTheGame spokespersons, and their views do not necessarily reflect those of DestinyTheGame.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO DestinyTheGame
DestinyTheGame does not claim ownership of the images, video, text, or other materials you provide to DestinyTheGame (including feedback and suggestions) or post, upload, input or submit to any DestinyTheGame Service or associated services (collectively "Submissions"), to the extent what you post does not include materials provided to you or otherwise owned by DestinyTheGame or its licensees. However, by posting, uploading, inputting, providing or submitting your Submission you hereby grant DestinyTheGame, its affiliated companies and sublicensees, a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicenseable and transferable license to reproduce, distribute, prepare derivative works of, display, perform and otherwise use your Submissions in connection with the DestinyTheGame Services and DestinyTheGame’s (and its successors' and affiliates') business, including, without limitation, distributing your Submissions in all current and future media in which the DestinyTheGame Services may now or hereafter be distributed or transmitted and to publish your name in connection with your Submission. This license grant will survive any expiration or termination of these Terms.
No compensation will be paid with respect to the use of your Submission. DestinyTheGame is under no obligation to post or use any Submission you may provide and may remove any Submission at any time.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission (excluding materials provided to you by DestinyTheGame for the purpose of making your Submission).
SERVICE PROVIDED CONTENT
"Service Provided Content" consists of those materials provided to you (e.g., unlockable content, accounts, stats, virtual assets, virtual currencies, codes, and achievements) in connection with use of the DestinyTheGame Services. While the DestinyTheGame Services may allow you to “earn”, "buy", or "purchase" Service Provided Content within or in connection with gameplay, you do not in fact own or have any property interest in the Service Provided Content. Unless otherwise specified in writing, any Service Provided Content that you receive is licensed to you as set forth herein, and you shall have no ownership right thereto. Unless specifically permitted by DestinyTheGame, you may not, sell, lend, rent, trade, or otherwise transfer any Service Provided Content. Service Provided Content may not be transferred or resold by you for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Service Provided Content may be altered, removed, deleted, or discontinued by DestinyTheGame at any time (e.g., upon termination of this Agreement and/or cessation of online support for the DestinyTheGame Services), even if you have not “used” or “consumed” the Service Provided Content prior to alteration, removal, deletion, or discontinuation.
Without limiting the above, Service Provided Content may include virtual coins, points or other virtual currencies (“Virtual Currency”). By purchasing or otherwise acquiring Virtual Currency, you obtain a limited license (which is revocable by DestinyTheGame at any time unless otherwise required by applicable laws) to access and select from other Service Provided Content. Virtual Currency has no monetary value and does not constitute currency or property of any type. Virtual Currency may be redeemed for other Service Provided Content only, if at all. Virtual Currency cannot be sold or transferred, and cannot be exchanged for cash or for any other goods and services, except for other Service Provided Content, where applicable. Subject to applicable local law, Virtual Currency is non-refundable. You are not entitled to a refund or any other compensation such as Service Provided Content for any unused Virtual Currency and unused Virtual Currency is non-exchangeable.
There may be Service Provided Content (should you choose to purchase it) which will require you to make a payment with real money, the amount of which will be set out in the DestinyTheGame Services. All Service Provided Content will be made available immediately when you purchase it with real money and you acknowledge that this is the case and that you will have no right to change your mind and cancel (sometimes known as a 'cooling off' right) once your purchase is complete.
All Service Provided Content are unconditionally forfeited if your DestinyTheGame account is terminated or suspended for any reason, in DestinyTheGame’s sole discretion, or if DestinyTheGame discontinues any Service Provided Content program. DestinyTheGame has no liability for hacking or loss of your Service Provided Content. DestinyTheGame has no obligation to, and will not, reimburse you for any Service Provided Content lost due to your violation of these terms and conditions. DestinyTheGame reserves the right, without prior notification, to limit the order quantity on any Service Provided Content and/or to refuse to provide you with any Service Provided Content. Price and availability of Service Provided Content are subject to change without notice.
VIRTUAL CURRENCY AND VIRTUAL ITEMS
You may have the opportunity to use virtual, in-game or in-app currency ("Virtual Currency") or license a variety of virtual, in-game or in-app items ("Virtual Items") that can be used through the DestinyTheGame Mobile App or DestinyTheGame games. You may be required to pay a fee to obtain Virtual Items or Virtual Currency. You have no property interest in any Virtual Currency or Virtual Items. Any purchases of Virtual Currency or Virtual Items (whether through actual monetary transactions or accumulation through membership benefits or gameplay) are purchases of a limited, non-transferable, revocable license to use such Virtual Items or Virtual Currency within the applicable DestinyTheGame Mobile App or DestinyTheGame game. Virtual Currency and Virtual Items may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual Currency and Virtual Items have no monetary value, and cannot be used to use products or services other than within the applicable DestinyTheGame Mobile App or DestinyTheGame game. Virtual Currency and Virtual Items cannot be refunded or exchanged for cash or any other tangible value. If you do not redeem your Virtual Currency or Virtual Items, so long as your DestinyTheGame account remains active and in good standing, you will be offered an opportunity to convert any unused Virtual Currency or Virtual Items into one or more in-game or other options determined by DestinyTheGame in its sole discretion. All Virtual Currency and Virtual Items are unconditionally forfeited if your DestinyTheGame account is terminated or suspended for any reason, in DestinyTheGame’s sole discretion, or if DestinyTheGame discontinues any Virtual Currency or Virtual Item program. DestinyTheGame has no liability for hacking or loss of your Virtual Currency or Virtual Items. DestinyTheGame has no obligation to, and will not, reimburse you for any Virtual Currency or Virtual Items lost due to your violation of these terms and conditions. DestinyTheGame reserves the right, without prior notification, to limit the order quantity on any Virtual Currency or Virtual Items and/or to refuse to provide you with any Virtual Currency or Virtual Items. Price and availability of Virtual Currency and Virtual Items are subject to change without notice.
ACCOUNT INFORMATION AND PASSWORD
You agree to indemnify and hold harmless DestinyTheGame, and its parent, subsidiaries, affiliates, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs or debt and expenses (including attorney’s fees) arising out of (i) your use or misuse of any of the DestinyTheGame Services; (ii) your Submissions, including DestinyTheGame’s use, display or other exercise of rights granted herein with respect to your Submissions; (iii) your violation of these Terms; (iv) your violation of the rights of any other person or entity, including claims that any Submission infringes or violates any third party intellectual property rights; and (v) your breach of the representations, warranties, and covenants herein. DestinyTheGame reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of DestinyTheGame. DestinyTheGame will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES (INCLUDING THIRD PARTY SERVICES) INCLUDED IN OR AVAILABLE THROUGH THE DestinyTheGame SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DestinyTheGame AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE DestinyTheGame SERVICES AT ANY TIME. ADVICE OR INFORMATION RECEIVED VIA THE DestinyTheGame SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
DestinyTheGame AND/OR ITS RESPECTIVE SUPPLIERS AND PUBLISHERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE DestinyTheGame SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, DestinyTheGame MOBILE APPS, PRODUCTS, DestinyTheGame SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. DestinyTheGame AND/OR ITS RESPECTIVE SUPPLIERS AND PUBLISHERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, DestinyTheGame MOBILE APPS, PRODUCTS, DestinyTheGame SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR CLARITY, UNDER THIS SECTION, IF YOU DOWNLOADED A DestinyTheGame MOBILE APP FROM THE APPLE APP STORE, DestinyTheGame’S SUPPLIERS INCLUDE APPLE, WITH RESPECT TO SUCH DestinyTheGame MOBILE APP AND THE DestinyTheGame MOBILE SERVICES AVAILABLE THROUGH IT. You further acknowledge that DestinyTheGame and/or its suppliers or publishers (including, if you downloaded the DestinyTheGame Mobile App from the Apple App Store, Apple, ) have no obligation whatsoever to furnish any maintenance or support services with respect to any of the DestinyTheGame Services.
DestinyTheGame reserves the right, in its sole discretion, to terminate your access to any or all DestinyTheGame Services and the related services or any portion thereof at any time, without notice.
You are solely responsible for your involvement with other users of the DestinyTheGame Services. If you have a dispute with one or more users, you release DestinyTheGame (and DestinyTheGame's parent, subsidiaries, Affiliates, officers, directors, agents, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You may from time to time choose, in your sole discretion, to provide suggestions, comments, improvements, ideas, recommendations or other feedback or materials to us related to the DestinyTheGame Services or our other products and services, including, without limitation, through any DestinyTheGame Service, or in connection with surveys or on third party sites, including, without limitation, Facebook and Twitter ("Feedback"). If you choose to provide us any such Feedback, you hereby grant DestinyTheGame a nonexclusive, perpetual, irrevocable, transferable, sublicensable, royalty free, fully paid up license to use such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you.
DestinyTheGame, Destiny and/or other related products referenced herein are either trademarks or registered trademarks of DestinyTheGame or its suppliers. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
admin at destiny the game . me
The terms, conditions and notices governing the DestinyTheGame Services, DestinyTheGame Mobile Apps and Software are drafted in the English language and, in the event of any conflict between the English language version of these terms, conditions and notices and any translation hereof, the English language version will govern.
DestinyTheGame.me API TERMS AND CONDITIONS
Access to the DestinyTheGame.me API
No Commercial Use
You may not use the DestinyTheGame.me API for commercial purposes unless you obtain DestinyTheGame’s prior written permission. If your use of the DestinyTheGame.me API generates any revenue, your use is commercial. If you are in doubt about whether your application is commercial, here are a few common examples of commercial use that may provide you some guidance:
Users are charged a fee for your product or service that includes some sort of integration using the DestinyTheGame.me APIs;
You sell services to DestinyTheGame.me users and use the APIs to bring users' DestinyTheGame.me content into your service;
Your site uses API Data to drive traffic and generate ad revenue.
Brand Feature License
In using Brand Features, you will not:
Display a Brand Feature in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by DestinyTheGame, other than your use of the DestinyTheGame.me API, or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of DestinyTheGame or DestinyTheGame personnel;
Use Brand Features to disparage DestinyTheGame, its products or services;
Display a Brand Feature in your API Client or on your site if your API Client or site contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age;
Have the DestinyTheGame logo as the largest logo in your API Client;
Display a Brand Feature as the most prominent element in your API Client;
Display a Brand Feature in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to DestinyTheGame;
Display a Brand Feature in your API Client that violates any law or regulation; or
Remove, distort or alter any element of a Brand Feature (this includes squeezing, stretching, inverting, discoloring, etc.).
Except as set forth in this Section, nothing in these Terms will grant or will be deemed to grant you any right, title or interest in or to Brand Features. All use by you of Brand Features (including any goodwill associated therewith) will inure to the benefit of DestinyTheGame. At no time will you challenge or assist others to challenge the Brand Features of DestinyTheGame (except to the extent such restriction is prohibited by law) or the registration thereof by DestinyTheGame, nor will you attempt to register any Brand Features (including domain names) that are confusingly similar in any way (including but not limited to, sound, appearance and spelling) to those of DestinyTheGame or its licensors.
The DestinyTheGame.me API and the API Data are provided without warranties express or implied. DestinyTheGame may change, suspend, or discontinue any aspect of the DestinyTheGame.me APIs at any time, including the availability of any DestinyTheGame.me APIs to you or any other user without prior notice. DestinyTheGame may also impose limits on certain features and services or restrict your access to parts or all of the DestinyTheGame.me APIs without notice or liability.
Restrictions on Use
Your use of the DestinyTheGame.me API is subject to the following restrictions:
All calls to the DestinyTheGame.me API must reference the DestinyTheGame.me API Key ("API Key") issued to you as an approved user.
You agree to keep your API Key confidential and not to share it with any third party. This right is unique to you, and any affiliates or third parties must seek and obtain their own DestinyTheGame.me API right and API Key.
Your application must not attempt to sign in to DestinyTheGame.me using HTTP authentication cookies. This includes reverse engineering the sign-in flow used by DestinyTheGame.me or the companion apps or by using authentication cookies extracted from a user’s session.
You may retain copies of API Data obtained through the DestinyTheGame.me API solely for uses permitted under this license. You may not utilize API Data for any commercial purpose unless you obtain DestinyTheGame’s prior written permission.
You may not otherwise reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of the DestinyTheGame.me API or API Data.
You may not use the DestinyTheGame.me APIs in a manner that, in DestinyTheGame’s sole judgment and discretion, exceeds reasonable request volumes, constitutes excessive or abusive use, or otherwise fails to comply or is inconsistent with any part of the DestinyTheGame.me API documentation.
You may not use the DestinyTheGame.me API in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with the these Terms.
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify DestinyTheGame and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of DestinyTheGame.me APIs and/or Your Content, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. DestinyTheGame shall use good faith efforts to provide you with written notice of such claim, suit or action.