Last revised on June 29, 2019
Welcome to The Dragon Guild LLC (“us,” “we,” the “Company” or “The Dragon Guild”).
Notice to California subscribers: You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed.
We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Service under Terms of Service. You should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement. You agree that this Agreement shall supersede any prior agreements (except as specifically stated herein), and shall govern your entire relationship with The Dragon Guild, including but not limited to events, agreements, and conduct preceding your acceptance of this Agreement.
You must be at least 18 years of age to create an account on The Dragon Guild and use the Service. By creating an account and using the Service, you represent and warrant that:
you can form a binding contract with The Dragon Guild,
you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition,
you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
you have never been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
3. Your Account.
You are responsible for maintaining the confidentiality of your login credentials you use to sign up for The Dragon Guild, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact firstname.lastname@example.org.
4. Modifying the Service and Termination.
The Dragon Guild is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
You may terminate your account at any time, for any reason, by following the instructions in “Settings” in the Service, however if you use a third party payment account, you will need to manage in app purchases through such account (e.g., iTunes, Google Play) to avoid additional billing.
The Dragon Guild may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and The Dragon Guild: Section 4, Section 5, and Sections 12 through 19.
5. Safety; Your Interactions with Other Users.
The Dragon Guild is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow The Dragon Guild’s Safety Tips prior to using the Service. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users .
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT The Dragon Guild DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. The Dragon Guild MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. The Dragon Guild RESERVES THE RIGHT TO CONDUCT – AND YOU AGREE THAT The Dragon Guild MAY CONDUCT - ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
6. Rights The Dragon Guild Grants You.
The Dragon Guild grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by The Dragon Guild and permitted by this Agreement. Therefore, you agree not to:
use the Service or any content contained in the Service for any commercial purposes without our written consent.
copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without The Dragon Guild’s prior written consent.
express or imply that any statements you make are endorsed by The Dragon Guild.
use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
upload viruses or other malicious code or otherwise compromise the security of the Service.
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
“frame” or “mirror” any part of the Service without The Dragon Guild’s prior written authorization.
use meta tags or code or other devices containing any reference to The Dragon Guild or the Service (or any trademark, trade name, service mark, logo or slogan of The Dragon Guild) to direct any person to any other website for any purpose.
modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
use or develop any third-party applications that interact with the Service or other users’ Content or information without our written consent.
use, access, or publish the The Dragon Guild application programming interface without our written consent.
probe, scan or test the vulnerability of our Service or any system or network.
encourage or promote any activity that violates this Agreement.
The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
7. Rights you Grant The Dragon Guild.
By creating an account, you grant to The Dragon Guild a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”). The Dragon Guild’s license to your Content shall be non-exclusive, except that The Dragon Guild’s license shall be exclusive with respect to derivative works created through use of the Service. For example, The Dragon Guild would have an exclusive license to screenshots of the Service that include your Content. In addition, so that The Dragon Guild can prevent the use of your Content outside of the Service, you authorize The Dragon Guild to act on your behalf with respect to infringing uses of your Content taken from the Service by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other The Dragon Guild users).
You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to The Dragon Guild above.
You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
In consideration for The Dragon Guild allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to The Dragon Guild regarding our Service, you agree that The Dragon Guild may use and share such feedback for any purpose without compensating you.
You agree that The Dragon Guild may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
8. Community Rules.
By using the Service, you agree that you will not:
use the Service for any purpose that is illegal or prohibited by this Agreement.
use the Service for any harmful or nefarious purpose.
use the Service in order to damage The Dragon Guild.
violate our Community Guidlines , as updated from time to time.
spam, solicit money from or defraud any users.
Transfer money to another user of The Dragon Guild, for services related to those provided by The Dragon Guild, with out utilizing The Dragon Guild’s Guild Payment System.
impersonate any person or entity or post any images of another person without his or her permission.
bully, “stalk,” intimidate, assault, harass, mistreat or defame any person.
post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
use another user’s account, share an account with another user, or maintain more than one account.
create another account if we have already terminated your account, unless you have our permission.
The Dragon Guild reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that The Dragon Guild regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.
9. Other Users’ Content.
Although The Dragon Guild reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and The Dragon Guild cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or via help@goThe Dragon Guild.com.
Generally. From time to time, The Dragon Guild may offer products and services for purchase (“in app purchases”) through iTunes, Google Play, carrier billing, The Dragon Guild direct billing or other payment platforms authorized by The Dragon Guild. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as Google Play or iTunes) (your “Payment Method”) will be charged at the prices displayed to you for the service(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize The Dragon Guild or the third party account, as applicable, to charge you.
Auto-Renewal. If you purchase an auto-recurring periodic subscription, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your third party account (or Profile on The Dragon Guild) and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the The Dragon Guild application from your device. Deleting your account on The Dragon Guild or deleting the The Dragon Guild application from your device does not cancel your subscription; The Dragon Guild will retain all funds charged to your Payment Method until you cancel your subscription on The Dragon Guild or the third party account, as applicable. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
Additional Terms that apply if you pay The Dragon Guild directly with your Payment Method. If you pay The Dragon Guild directly, The Dragon Guild may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, The Dragon Guild may terminate your account immediately in its sole discretion.
You may edit your Payment Method information by visiting The Dragon Guild and going to “Profile.” If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you reside outside of the Americas, you agree that your payment to The Dragon Guild will be through MTCH Technology Services Limited.
Virtual Items. From time to time, you may be able to purchase, a limited, personal, non-transferable, non-sublicensable, revocable license to use “virtual items”. Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use, however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, when The Dragon Guild ceases providing the Service or your account is otherwise closed or terminated. The Dragon Guild, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/ or may distribute Virtual Items with or without charge. The Dragon Guild may manage, regulate, control, modify or eliminate Virtual Items at any time. The Dragon Guild shall have no liability to you or any third party in the event that The Dragon Guild exercises any such rights. Virtual Items may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Service is a service that commences immediately upon the acceptance of your purchase of such Virtual Items. YOU ACKNOWLEDGE THAT The Dragon Guild IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.
For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin, the terms below apply:
You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of The Dragon Guild) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.
If you subscribed using your Google Play Store account or through The Dragon Guild directly: please contact customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet) or The Dragon Guild (you can find this on your confirmation email).
11. Notice and Procedure for Making Claims of Copyright Infringement.
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
your contact information, including address, telephone number and email address;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent via email to email@example.com. The Dragon Guild will terminate the accounts of repeat infringers.
The Dragon Guild PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Dragon Guild DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.
The Dragon Guild TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
The Dragon Guild DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER USER, ON OR OFF THE SERVICE.
13. Third Party Services.
The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. The Dragon Guild is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. The Dragon Guild is not responsible or liable for such third parties’ terms or actions.
14. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL The Dragon Guild, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF The Dragon Guild HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL The Dragon Guild’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO The Dragon Guild DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST The Dragon Guild, WHETHER IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
15. Retroactive and Prospective Arbitration, Class-Action Waiver, and Jury Waiver.
Except where prohibited by applicable law:
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), or the Service, regardless of the date of accrual and including past, pending, and future claims, shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against The Dragon Guild in a small claims court of competent jurisdiction in the county in which you reside, or in Morris County, New Jersey. Such arbitration shall be conducted by written submissions only, unless either you or The Dragon Guild elect to invoke the right to an oral hearing before the Arbitrator. But whether you choose arbitration or small claims court, you agree that you will not under any circumstances commence, maintain, or participate in any class action, class arbitration, or other representative action or proceeding against The Dragon Guild.
By accepting this Agreement, you agree to the Arbitration Agreement in this Section 15. In doing so, BOTH YOU AND The Dragon Guild GIVE UP THE RIGHT TO GO TO COURT to assert or defend any claims between you and The Dragon Guild (except for matters that may be properly taken to a small claims court and are within such court’s jurisdiction). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING, including, without limitation, any past, pending or future class actions.
If you assert a claim against The Dragon Guild outside of small claims court, your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all claims and all issues regarding the arbitrability of the dispute. The same is true for The Dragon Guild. Both you and The Dragon Guild are entitled to a fair hearing before the arbitrator. The arbitrator can generally grant the relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
The Jurisdiction and Venue provisions in Sections 16 and 17 are incorporated and are applicable to this Arbitration Agreement.
As you decide whether to agree to this Arbitration Agreement, here are some important considerations:
Arbitration is a process of private dispute resolution that does not involve the civil courts, a civil judge or a jury. Instead, the parties’ dispute is decided by a private arbitrator selected by the parties under the Consumer Arbitration Rules of the American Arbitration Association. Arbitration does not limit or affect the legal claims you as an individual may bring against The Dragon Guild. Agreeing to arbitration will only affect where those claims may be brought and how they will be resolved.
Arbitration is generally considered to be a more rapid dispute resolution process than the judicial system, but that is not always the case. The Arbitrator will typically determine whether The Dragon Guild or you will be required to pay or split the cost of any arbitration with The Dragon Guild, based on the circumstances presented.
IMPORTANT: THERE MAY BE IN THE FUTURE, LAWSUITS AGAINST The Dragon Guild ALLEGING CLASS AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. THE MERE EXISTENCE OF SUCH CLASS AND/OR REPRESENTATIVE LAWSUITS, HOWEVER, DOES NOT MEAN THAT SUCH LAWSUITS WILL ULTIMATELY SUCCEED, OR, EVEN IF SUCCESSFUL, THAT YOU WOULD BE ENTITLED TO ANY RECOVERY.
You will be precluded from bringing any class or representative action against The Dragon Guild, and you will also be precluded from participating in any recovery resulting from any class or representative action brought against The Dragon Guild, in each case provided you are not already bound by an arbitration agreement and class action waiver previously agreed to with The Dragon Guild.
Under Rule R-9 of the AAA Consumer Arbitration Rules, either party to an arbitration involving a claim within the jurisdiction of a small claims court may choose to have the case decided by the small claims court instead. Please review Rule R-9 for more details. Nothing in this Agreement, including the right of the consumer (but not The Dragon Guild) to file a dispute directly in small claims court rather than initiating arbitration, should be construed as being inconsistent with either party’s right to invoke Rule R-9 after an arbitration has been initiated.
WHETHER TO AGREE TO THIS ARBITRATION AGREEMENT IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE, AND YOU SHOULD TAKE CARE TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS — INCLUDING BUT NOT LIMITED TO AN ATTORNEY — REGARDING THE CONSEQUENCES OF YOUR DECISION, JUST AS YOU WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE DECISION.
16. Governing Law.
Except where our arbitration agreement is prohibited by law, the laws of New Jersey, U.S.A., without regard to its conflict of laws rules, shall apply to any disputes arising out of or relating to this Agreement, the Service, or your relationship with The Dragon Guild. Notwithstanding the foregoing, the Arbitration Agreement in Section 15 above shall be governed by the Federal Arbitration Act.
Except for claims that may be properly brought in a small claims court of competent jurisdiction in the county in which you reside or in Morris County, New Jersey, all claims arising out of or relating to this Agreement, to the Service, or to your relationship with The Dragon Guild that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Morris County, New Jersey, U.S.A. You and The Dragon Guild consent to the exercise of personal jurisdiction of courts in the State of New Jersey and waive any claim that such courts constitute an inconvenient forum.
18. Indemnity by You.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless The Dragon Guild, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.
19. Entire Agreement; Other.
We appreciate that you trust us with your information and we intend to always keep that trust. This starts with making sure you understand the information we collect, why we collect it, how it is used and your choices regarding your information. This Policy describes our privacy practices in plain language, keeping legal and technical jargon to a minimum.
Why we collect information: We collect our information to give players and dungeon masters the best possible chance of finding the game they want. We want everyone to have the best RPG experience they can. We believe this can only be achieved by offering players the most searchable criteria possible to find the specific experience they desire.
What we do with your information: Your information is kept in a Wix database and used to create a search engine. Players can search the database of dungeon masters to find criteria that matches their search. We do not sell or share any user information with any person or organization outside of The Dragon Guild.
How long we retain your information: We will retain user information until they choose to cancel their Dragon Guild account.
Who we are: We are gamers just like you. We created this site so that everyone can have the most fun playing RPG’s and so Game Masters can build a community reputation.
The Dragon Guild Safety Tips
The Dragon Guild brings people together. Any time strangers meet safety should be a priority. We ask you to read the tips and information below, and strongly urge you to follow these guidelines in the interest of your personal safety and well-being. However, you are always the best judge of your own safety, and these guidelines are not intended to be a substitute for your own judgment.
Protect Your Finances & Never Send Money or Financial Information
Never respond to any request to send money, especially overseas or via wire transfer, and report it to us immediately – even if the person claims to be in an emergency. Wiring money is like sending cash: the sender has no protections against loss and it’s nearly impossible to reverse the transaction or trace the money.
Protect Your Personal Information
Never give personal information, such as: your social security number, credit card number or bank information, or your work or home address to people you don’t know or haven’t met in person.
Note: The Dragon Guild will never send you an email asking for your username and password information. Any such communication should be reported immediately.
Be Web Wise
Report suspicious users. Report concerns about any suspicious user anonymously at any time on The Dragon Guild to firstname.lastname@example.org. Keep conversations on the platform. Bad actors will try to move the conversation to text, personal email or phone conversations.
Report All Suspicious Behavior
Additionally, please report anyone who violates our terms of service.
Asks you for money or donations
Minors using the platform
Users sending harassing or offensive messages
Users behaving inappropriately after meeting in person
Fraudulent registration or profiles.
Spam or solicitation, such as invitations to call 1-900 numbers or attempts to sell products or services.
First meetings are exciting, but always take precautions and follow these guidelines to help you stay safe:
Get to Know the Other Person
Keep your communications limited to the platform and really get to know users online/using the app before meeting them in person. Bad actors often push people to communicate off the platform immediately. It’s up to you to research and do your due diligence.
Always Meet and Stay in Public
Meet for the first time in a populated, public place – never in a private or remote location, and never at your home or apartment. If your date pressures you, end the date and leave at once.
Tell Your Friends and Family Members of Your Plans
Inform a friend or family member of your plans and when and where you’re going. Make sure you have your cell phone charged and with you at all times.
Transport Yourself to and from the Meeting
You need to be independent and in control of your own transportation, especially in case things don’t work out.
Consumption of alcohol and/or other drugs can impair your judgment and potentially put you in danger. It’s important to keep a clear mind and avoid anything that might place you at risk. Be aware that bad actors might try to take advantage of you by altering your beverage(s) with synthetic substances.
Be careful while traveling
We recognize and believe in the importance of being inclusive of all gender identities and sexual orientations, but the reality is this: Not every country is safe for our LGBTQ+ community.
Check out the laws around you when you travel to a new place and research what types of legal protection, if any, are available to you based on sexual orientation. In the event that you’re in unsafe territory, we suggest toggling off “Show me on The Dragon Guild” which you can find under the settings page. If you have added a sexual orientation to your profile and choose to be shown on The Dragon Guild, we will hide your sexual orientation from your profile until you leave that area.
Welcome to the The Dragon Guild community. If you’re honest, kind and respectful to others, you’ll always be welcome here. If you choose not to be, you may not last. Our goal is to allow users to express themselves freely as long as it doesn’t offend others. Everyone is held to the same standard on The Dragon Guild. We’re asking you to be considerate, think before you act, and abide by our community guidelines both on and offline. You heard that right: your offline behavior can lead to termination of your The Dragon Guild account.
Below is a list of our community policies. If you violate any of these policies, you might be banned from The Dragon Guild. Seriously, don’t make us Swipe Left on you—because there will be no do-overs once we do. We encourage you to report any behavior that violates our policies, and read up on our Safety Tips.
We’re not asking you to comb your hair to one side or even speak in full sentences; but please keep it classy and appropriate for public consumption. No nudity, no sexually explicit content, and don’t chronicle all of your sexual desires in your bio. Keep it clean.
Do not engage, or encourage others to engage, in any targeted abuse or harassment against any other user. This includes sending any unsolicited sexual content to your matches. Reports of stalking, threats, bullying, or intimidation, are taken very seriously.
Violence and Physical Harm
We do not tolerate violent, graphic, or gory content on The Dragon Guild, or any actions or content that advocate for or threaten violence of any sort, including threatening or promoting terrorism. Physical assault, coercion, and any acts of violence are strictly prohibited.
Content that advocates for or glorifies suicide or self-harm is also not allowed. In these situations, we may take a number of steps to assist the user, including reaching out with crisis resources.
Any content that promotes, advocates for, or condones racism, bigotry, hatred, or violence against individuals or groups based on factors like (but not limited to) race, ethnicity, religious affiliation, disability, gender, age, national origin, sexual orientation, or gender identity is not allowed.
Don’t publicly broadcast any private information, yours or anyone else’s. This includes social security numbers, passports, passwords, financial information or unlisted contact information, such as phone numbers, email addresses, home/work address.
Don’t be fake. Be real instead. Don’t use The Dragon Guild to drive people to external websites via a link or otherwise.
Promotion or Solicitation
Soliciting other users is prohibited on The Dragon Guild. It’s fine to invite your matches to something that you’re doing, but if the purpose of your profile is to advertise your event or business, non-profit, political campaign, contest, or to conduct research, we may delete your account. While we’re excited that you’re doing a comedy show next week, please don’t use The Dragon Guild to promote it.
Prostitution and Trafficking
Promoting or advocating for commercial sexual services, human trafficking or other non-consensual sexual acts is strictly prohibited and will result in your account being banned from The Dragon Guild.
The Dragon Guild has a zero-tolerance policy on predatory behavior of any kind. Anyone attempting to get other users’ private information for fraudulent or illegal activity may be banned. Any user caught sharing their own financial account information (PayPal, Venmo, etc.) for the purpose of receiving money from other users may also be banned from The Dragon Guild.
Be yourself! Don’t pretend to be someone else.
Do not impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity. This includes parody accounts. While we think your Mike Pence profile is hilarious, you aren’t Mike Pence. And if you are, what are you doing on The Dragon Guild?
You must be 18 years of age or older to use The Dragon Guild. As such, we do not allow images of unaccompanied minors. If you want to post photos of your children, please make sure that you are in the photo as well. If you see a profile that includes an unaccompanied minor, encourages harm to a minor, or depicts a minor in a sexual or suggestive way, please report it immediately.
Copyright and Trademark Infringement
If it’s not yours, don’t post it. If your The Dragon Guild profile includes any work that is copyrighted or trademarked by others, don’t display it, unless you are allowed to do so.
Don’t use The Dragon Guild to do anything illegal. If it’s illegal IRL, it’s illegal on The Dragon Guild.
One Person, One Account
The Dragon Guild accounts cannot have multiple owners, so don’t create an account with your friend or significant other. Additionally, please don’t maintain multiple The Dragon Guild accounts.
Third Party Apps
The use of any apps created by anyone other than The Dragon Guild that claim to offer our service or unlock special The Dragon Guild features is not allowed.
The Dragon Guild is fun to use... all the time! Use The Dragon Guild at the lake, use The Dragon Guild while eating cake. Use The Dragon Guild when you’re out, use The Dragon Guild when in doubt! But, if you don’t log in to your The Dragon Guild account in 2 years, we may delete your account for inactivity.