General Terms & Conditions for the Use of the DCL Gaming Platform

Drone Champions AG
Industriering 3
9491 Ruggell
Principality of Liechtenstein

The Drone Champions AG and any affiliated company (“DCL”) welcome you at the DCL website and DCL Gaming Platform (collectively the “DCL Gaming Platform”) for the online gaming of the “DCL – The Game” video game (“DCL -The Game”) and the underlying materials, services, content, software and/or IT infrastructure of the DCL – The Game (“DCL Game Software”), subject to the following terms and conditions governing the access to, and use of, the DCL Gaming Platform and any documents referred to herein (“GTCs”).

  1. ACCEPTANCE OF GTCs AND DCL T&Cs

    1. By accessing, downloading, installing, or using any component of the DCL Gaming Platform, whether or not you become a registered user (“User”, “You”, “Yourself”, “Your”), You irrevocably agree to be legally bound by these GTCs, which You acknowledge to have carefully read and fully understood.
    2. By accessing, subscribing for, or participating in, any online tournaments organised by DCL for the DCL – The Game or any draft selection for the DCL teams (“Online Tournaments”), You irrevocably agree to be legally bound by the applicable rules of the DCL – The Game and the format of any Online Tournament, which You acknowledge to have carefully read and fully understood.
  2. MODIFICATION OF GTCs AND DCL T&Cs

    1. DCL reserves the right, at its sole discretion and at any time, to change, modify or otherwise alter in such manner DCL considers necessary these GTCs and/or T&C’s related to online events.
    2. You must review these GTCs at dcl.aero on a regular basis to keep Yourself informed and updated of any potential changes, modifications and/or alterations. T&Cs of individual events can be found in the event calendar on the website.
    3. By accessing, downloading, installing, or using any component of the DCL Gaming Platform, respectively by accessing, subscribing for, or participating in, any Online Tournament, You agree that the posting of any new or revised GTCs and/or T&C’s related to online events, forming part of, or being referred to in, the DCL Gaming Platform shall constitute an adequate notice to You of any and all changes, modifications and/or alterations. Continued use of the DCL Gaming Platform, respectively playing the DCL – The Game online, participating, or registering to participate, in any Online Tournament, at a date subsequent to any such change, modification and/or alteration or after explicitly accepting the new or revised GTCs and/or T&C’s related to online events upon logging into the DCL Gaming Platform shall constitute Your acceptance of any such changes, modifications and/or alterations.
  3. YOUR ACCOUNT REGISTRATION

    1. In order to access the restricted user area of the DCL Gaming Platform, Your prior personal online registration is required.
    2. By registering online to the DCL Gaming Platform, You acknowledge and confirm to DCL that:
      1. You are eligible for opening a user account as set forth in Clause 3.3 of these GTCs below; and
      2. all information and content that You input as part of, or prompted by, the online registration process is truthfully given, accurate and not misleading. You are solely responsible for the accuracy of all information and any content that You input.
    3. User accounts may only be obtained and used by:
      1. individuals who are at least eighteen (18) years old or of legal age in their country of residence, if such age exceeds eighteen (18); or
      2. those individuals whose registration has been authorised either by their parents or legal guardian, if they are below the legal age in their respective country of residence.
    4. DCL accepts Your online registration based on the assumption that all information and content inputted by You as part of the online registration process is truthfully given, accurate and not misleading. In the event that DCL, at any time subsequent to its acceptance of Your online registration, detects any inaccuracy, incomplete or misleading information and/or content of Your online registration, DCL shall have the right to suspend or terminate Your personal user account (“Your Account”).
  4. YOUR ACCOUNT

    1. Following completion of the online registration process You will be requested to set a personal password for accessing Your Account in a protected manner. You are fully responsible for maintaining and protecting the confidentiality of Your login credentials and for all activities that occur under Your password and/or Your Account. To the fullest extent permitted by applicable laws, You shall indemnify and hold harmless DCL from and against any and all claims, costs, damages and liabilities suffered and/or incurred in connection with, arising out of or resulting from any such activity.
    2. You shall immediately notify DCL of any unauthorised use of Your password and/or Your Account and any other breach of security. DCL accepts no liability for any loss and/or damage arising from Your failure to comply with maintaining the confidentiality of Your password.
    3. Your Account and any data associated therewith are not transferable. You are prohibited to sell, transfer or allow any third party to access Your Account or Login Credentials, or offer to do so.
  5. CONTENT UPLOADED BY YOU

    1. As part of the DCL Gaming Platform, registered users may upload, post, submit or otherwise transmit own content (“User Content”).
    2. You are fully responsible for any User Content uploaded, posted, submitted or otherwise transmitted by You or under Your password and/or Your Account. You retain all rights in any User Content that You upload, post, submit or otherwise transmit, to the DCL Gaming Platform. DCL accepts no liability for any such User Content. Accordingly, You represent and warrant that any User Content that You upload, post, submit or otherwise transmit, to the DCL Gaming Platform shall not:
      1. infringe any copyright, patent, trademark, trade secret, or other proprietary right or right of publicity or privacy;
      2. violate any laws, be defamatory or trade libellous;
      3. be obscene, contain pornography or in any form violate recognized public morals;
      4. include incomplete, false or inaccurate information about Yourself or any information about any other individual; and
      5. contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programs that are intended or likely to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, including the DCL Gaming Platform or the DCL Game Software.
    3. In relation to any User Content uploaded, posted, submitted or otherwise transmitted by You to the DCL Gaming Platform:
      1. You grant DCL an irrevocable, worldwide, non-exclusive, royalty-free, perpetual and transferable licence to use, reproduce, distribute, prepare derivative works of, display and perform submissions of Your User Content in connection with the operations of the DCL Gaming Platform or in the ordinary course of business of DCL; and
      2. You acknowledge that DCL is under no obligation to post any of Your User Content and may, at its sole discretion, edit, remove or delete any of Your User Content.
  6. ONLINE GAMING

    1. As part of the DCL Gaming Platform, DCL will enable You to play at any time DCL – The Game online (“Online Gaming”). In the event that You wish to play DCL – The Game online (“Online Gamer”), You need to fulfil all of the following conditions:
      1. You must own and maintain Your Account;
      2. You must have acquired and need to maintain a valid license to use the DCL Game Software on the technical platform used by You, such as Xbox, PlayStation, Your personal computer or MAC; Please note: when acquiring the DCL – The Game, the DCL Game Software is licensed to You, not sold. By downloading, installing or using the DCL Game Software, You are granted by DCL a personal, limited, non-exclusive license to use the DCL Game Software for Your non-commercial purposes only (“License”). The License is granted to You, subject to Your continuous full compliance with the end user license agreement governing the License in such version that is available on dcl.aero/eula (“EULA”). Under the EULA, You are expressly prohibited from sub-licensing, renting, leasing or otherwise distributing the DCL Game Software or any rights to use the DCL Game Software.
      3. You must comply with the terms and conditions of Your License as set out in the EULA and these GTCs; and
      4. You have to agree to, and comply with, the Privacy and Cookies Policy of DCL that is available on dcl.aero/privacy (i.e. see Clause 12 below).
  7. PARTICIPATION IN ONLINE TOURNAMENTS

    1. As part of the DCL Gaming Platform, DCL will organise Online Tournaments which are governed by T&C’s for each specific event which can be found at dcl.aero/races/calendar then click on “read more” in the specific event. In the event that You wish to participate in any Online Tournament as an eligible player (“Player”), You need to fulfil all of the following eligibility criteria:
      1. You must own and maintain Your Account;
      2. You must acquire and maintain a valid License to use the DCL Game Software on the technical platform used by You, such as Xbox, PlayStation, Your personal computer or MAC;
      3. You must comply with the terms and conditions of Your License as set out in the EULA and these GTCs
      4. You have to agree to, and comply with, the Privacy and Cookies Policy that is available on dcl.aero/privacy;
      5. You must subscribe for Your participation in the Online Tournament of Your choice and accept the relevant T&Cs for such Online Tournament in its valid version that is available on dcl.aero/races/calendar; and
      6. You must not be an employee of DCL and its affiliated companies or an immediate family members or persons living in the same household of such employee.
    2. Any Player participating in any Online Tournament agrees to accept and respect any decision made by the official jury and/or referees of the respective Online Tournament as final and binding. If You disagree with an action by our moderator team, please contact us (support@dronechampions.org).
  8. RIGHTS TO ONLINE ACTIVITIES

    1. Any Online Gamer conducting Online Gaming and any Player participating in any Online Tournament acknowledges that:
      1. DCL solely owns and controls all of the commercial and intellectual property rights in relation to the all aspects of any Online Gaming and any Online Tournament; and
      2. any Online Gaming is publicly accessible, and any Online Tournament is a public competition. DCL, or any third parties authorised by DCL, may commercialise and record any Online Gaming and Online Tournament. To the greatest extent permitted by applicable laws, any Online Gamer and Player unconditionally agrees that use may be made in perpetuity, for commercial purposes or otherwise, free of charge or any further compensation, of his/her name, username, icon and any activity forming part of his/her Online Gaming and/or participation in an Online Tournament, by means of live or recorded video display, broadcast, streaming, uploading, posting or other transmission or recording, photographs or any other current and/or future media technologies (now known or hereinafter invented and/or devised). Any Online Gamer and Player irrevocably consents to the use of such name, username, icon and any activity forming part of his/her Online Gaming and/or participation in an Online Tournament by DCL or third parties authorised by DCL. Any Online Gamer and Player waives in advance all rights and actions seeking to oppose such use, subject to applicable laws. DCL and third parties authorised by DCL, with respect to the use of such media will be bound by, and comply with, all applicable laws with respect to any use they may make of such media.
    2. Online Gamers and Players may not record, upload, post, transmit or disseminate for public access any sound, moving or still image or description of his/her Online Gaming and/or participation in any Online Tournaments or any result, data or statistics thereof other than for private use. This restriction applies irrespective of the transmission form (e.g. internet, television, mobile phone or any digital technology for communication or similar purposes). Online Gamers and Players may also not assist any other person(s) to conduct any such activities.
  9. CONDUCT DURING ONLINE ACTIVITIES

    1. As Online Gamer or Player of any Online Tournament, You shall, at all times conduct Yourself in a manner so as not to offend, endanger or harass other players and/or users. In particular:
      1. You shall treat others the way You want them to treat You. DCL has zero tolerance for any sort of rude behaviour or personal attacks in the DCL – The Game or on the DCL Gaming Platform and its community channels;
      2. You are prohibited from advertising and/or promoting any drugs, pornography, tobacco, alcohol, war or other socially unacceptable material;
      3. You are prohibited from promoting or partaking in any form of prejudice or discrimination against cultural minorities, personal beliefs and religion;
      4. DCL will not tolerate any form of harassment, cyberbullying, threats, spam and hateful content on the DCL Gaming Platform and its community channels;
      5. The use of cheats or exploits in the DCL – The Game is not allowed; and
      6. DCL will not tolerate any user accounts and player activities with the intention of impersonating another individual.
    2. DCL reserves the right to determine, at its reasonable discretion, what is socially unacceptable material on the DCL Gaming Platform. Furthermore, DCL reserves the right to suspend or terminate the right of an Online Gamer to conduct Online Gaming or to impose further restrictions on Players.
  10. MODIFICATION AND DISCONTINUATION

    1. DCL may, at any time, decide to modify or discontinue, temporarily or permanently, the DCL Gaming Platform, the Online Gaming functionality and/or any Online Tournament with or without notice to You. You are not entitled to hold DCL liable to You or to any third party for any modification, suspension or discontinuance of the DCL Gaming Platform, the Online Gaming functionality and/or any Online Tournament. DCL will reasonably take care that the DCL Gaming Platform is up to date, but You acknowledge that DCL accepts no obligation with this respect.
  11. IP RIGHTS

    1. All legal and beneficial rights, titles and interests in the DCL Gaming Platform, including the DCL – The Game and the DCL Game Software, as well as in any Online Gaming and Online Tournaments (including all data and content and/or license, including, user accounts, computer code, titles, objects, chat logs, game recordings and broadcasts, rights to use and rebuild locations, right to use location names, specific location names, artwork, graphics, structural or landscape designs, animations, sounds and recordings) as well as any intellectual property, other proprietary and equivalent rights of whatsoever nature, howsoever arising and in whatever media, now known or hereafter developed, whether or not registered or capable of registration (including trademarks, service marks, patents, trade names, registered designs, logos, copyrights, moral rights, domain names, taglines and any applications for the protection or registration of such rights), that exist in, and the full title guarantee in relation to, the DCL Gaming Platform, including the DCL – The Game and the DCL Game Software, Online Gaming and any Online Tournament is exclusively, and in perpetuity, owned by DCL, including all renewals, reversions and extensions thereof and goodwill throughout the world.
    2. You agree and acknowledge that You do not, by virtue of these GTCs, event T&Cs, and/or the EULA obtain, or become entitled to claim, any right, title or interest in, or to, any such rights, titles and interests in the DCL Gaming Platform, including the DCL – The Game and the DCL Game Software, Online Gaming as well as in any Online Tournaments, which are all expressly reserved by DCL.
  12. PRIVACY AND COOKIES POLICY

    1. By using the DCL Gaming Platform, You may provide DCL with certain personal data and further information about You, including the personal data provided in connection with Your online registration to the DCL Gaming Platform and the opening of Your Account. Furthermore, You acknowledge to be aware that DCL uses cookies, pieces of code and similar technologies. By accessing or using the DCL Gaming Platform, or submitting Your personal information to the DCL Gaming Platform, You agree to DCL’s use of such data in accordance with the privacy and cookies policy of DCL (“Privacy and Cookies Policy”). By giving Your consent to the placing of cookies as set out in the Privacy and Cookies Policy, You are also enabling DCL to provide the best possible experience and service to You. The Privacy and Cookies Policy is made available at dcl.aero/privacy.
  13. TERMINATION BY DCL

    1. In the event that You fail to comply with these GTCs, the EULA or the event T&Cs, DCL may, at its sole discretion and without liability to You, with or without cause suspend or terminate Your Account, Your License, Your access to the DCL Gaming Platform and/or deactivate or delete Your Account and all related information and files in Your Account and any User Content uploaded, posted, submitted or otherwise transmitted by You.
  14. DISCLAIMER

    1. You agree that any access and use of the DCL Gaming Platform is at Your sole risk. The DCL Gaming Platform and all content provided by DCL thereon as well as the DCL Game Software is provided on an “as is” and “as available” To the fullest extent permitted by applicable laws, DCL expressly disclaims, and You waive, all warranties of any kind, whether express or implied, including, and without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
    2. DCL does not warrant or represent that:
      1. the DCL Gaming Platform, any content provided thereon and/or the DCL Game Software meet Your requirements and/or expectations;
      2. the DCL Gaming Platform is uninterrupted, timely, secure, error-free, bug-free or free of viruses or other harmful components;
      3. any result, data or statistics that may be obtained from the use of the DCL Gaming Platform or in connection with any Online Tournament will be accurate or reliable;
      4. the DCL Game Software is error-free; and/or
      5. any errors or defects will be corrected.
    3. Accessing, downloading or obtaining any material through the DCL Gaming Platform is at Your own discretion and risk. You will be solely responsible for any damage to Your computer system or loss of data that results from downloading any such material.
  15. LIMITATION OF LIABILITY

    1. You agree that DCL shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if DCL has been advised of the possibility of such damages), resulting from:
      1. the use of, or the inability to use, the DCL Gaming Platform or any parts thereof;
      2. any unauthorised access to, or alteration of, any data provided by You;
      3. any User Content uploaded, posted, submitted or otherwise transmitted by third parties;
      4. any personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer failure or malfunction or any other form of direct or indirect, special, incidental, consequential or punitive damages from any causes of action arising out of or related to the DCL Gaming Platform or any parts thereof, whether arising in tort (including negligence), contract, strict liability or otherwise, whether or not DCL has been advised of the possibility of such damage; and/or
      5. any other matter relating to the DCL Gaming Platform, any parts thereof or any content provided by DCL thereon.
    2. Some jurisdictions do not allow a limitation or exclusion of liability for incidental or consequential damages. Therefore, some or all of the above limitations of liability may not apply to You. In no event shall DCL’s total liability to You for all damages (except as required by applicable law) exceed the total amount of EUR 100 (in words: one hundred euros).
  16. MISCELLANEOUS

    1. These GTCs constitute the entire agreement between You and DCL in relation to their subject matter, superseding and extinguishing any prior agreements, arrangements, undertakings of any nature, between You and DCL. You may be subject to additional terms and conditions that may apply, such as the EULA, the DCL event T&Cs/or the Privacy and Cookies Policy.
    2. Should a provision of these GTCs be void, invalid or unenforceable, this shall not affect the validity of the remaining provisions of these GTCs. In such case, the void, invalid or unenforceable provisions shall not be waived by DCL but be replaced by DCL with a provision which, to the extent possible, resembles the void, invalid or unenforceable provision as much as possible.
    3. The titles in these GTCs are for convenience only and have no legal or contractual effect.
    4. You may not assign or transfer any of Your rights or obligations, or subcontract the performance of any of Your obligations, under these GTCs whilst DCL may do so at any time without Your consent.
    5. These GTCs governed by, and interpreted in accordance with, the substantive laws substantive laws of Liechtenstein. All disputes in connection with these GTCs are to be resolved by the competent Courts of Liechtenstein.
    6. These GTCs have been drafted in English language and may be translated in other languages. In the event of any discrepancy between the English and the translated texts, the English text shall prevail and be used to solve doubts of interpretation.