- Create a unique avatar.
- Advance your duelist by battling others.
- Collect and trade thousands of items.
- FREE to play!
- No download required.
Terms of Use
Challenge Online Games, Inc. ("Challenge Games”) is pleased to give you access to our website,
www.duels.com (the “Site”), and related materials, including without limitation, user
accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch
phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects,
methods of operation, moral rights, transcripts of chat rooms, character profile information, recordings
of games played, and any related documentation, applets, client or server software
(collectively, “Duels”) free of charge. Your use of Duels is subject to the binding legal
agreement set forth below ("Terms").
Overview of Terms
- Terms Subject to Change
- Binding Arbitration
- How You Can Use Duels
- Accounts
- Content / Submissions to Duels
- No License Granted
- Copyrights
- Trademarks
- Contests and Sweepstakes
- Protecting Children
- Third Party Sites
- U.S. Export Controls
- Privacy Policy
- Conduct of Registered Users and Visitors
- Indemnity
- Warranty Disclaimer
- Liability Disclaimer
- Access Restrictions; Termination
- Entire Agreement
TERMS SUBJECT TO CHANGE
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in
part, to: (a) modify or discontinue all or any part of Duels, including, but not limited to (i)
restricting the time all or any part of Duels is available, (ii) restricting the amount of use all or
any part of Duels is permitted, and (iii) restricting or terminating any user's right to use all or any
part of Duels, with or without notice; (b) charge fees in connection with the use all or any part of
Duels; (c) modify or waive any fees charged in connection with all or any part of Duels; or (d) offer
opportunities to some or all users of all or any part of Duels. You agree that neither we nor any of our
affiliates, shall be liable to you or to any third party for any modification, suspension or
discontinuance of all or any part of Duels, in whole or in part, or of any service, content or feature
offered through the Services.
You understand we may update these Terms from time to time without giving you any notice. Your
continued use of all or any part of Duels following the posting of changes to these terms will mean you
accept those changes. Unless we let you know posting of changes to these Terms or otherwise giving
you notice, any new features or updated content or applications that we make available in connection
with Duels will be subject to these Terms.
BY USING DUELS, YOU AGREE TO EACH OF THE TERMS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY
TERM OR CONDITION SET FORTH HEREIN, DO NOT USE DUELS FOR ANY PURPOSE.
BINDING ARBITRATION
These Terms are governed by, and will be interpreted in accordance with, the laws of the State of Texas,
without regard to any choice of law provisions. You agree that, with the exception of injunctive relief
sought by Challenge Games for any violation of Challenge Games's proprietary or other rights, any and
all disputes relating to these Terms, your use of Duels be resolved by arbitration in accordance
with the then-current rules of the American Arbitration Association (the "AAA") before an
independent arbitrator designated by the AAA. The location of arbitration shall be Austin, Texas, USA.
How You Can Use Duels
You may use Duels for your personal, non-commercial use. You may make a single, temporary copy of any
applications that your device executes content your device displays when you use Duels, but only for
your personal, non-commercial use, and not for further distribution or transfer to others. You may
not-and agree not to-modify, reformat, copy, display, distribute, transmit, publish, license, create
derivative works from, transfer or sell any information, applications, products or other materials
obtained from Duels, except as set forth in these Terms. Additionally, you may not frame or mirror
any part of Duels without our express prior written consent; forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content transmitted through the Duels; create a
database by systematically downloading and storing content from Duels; Intentionally or unintentionally
violate any applicable local, state, national or international law and any regulations having the force
of law; use any robot, spider, site search/retrieval application or other manual or automatic device to
retrieve, index, "scrape," "data mine" or in any way gather information, content or
other materials from Duels or reproduce or circumvent the navigational structure or presentation of
Duels.
Accounts
In order to access some features of Duels, you will have to create an account. You agree not to use
another's account without permission. When creating your account, you agree to provide accurate and
complete information. You are solely responsible for the activity that occurs on your account, and you
must keep your account password secure. Although Challenge Games will not be liable for your
losses caused by any unauthorized use of your account, you may be liable for the losses of Challenge
Games or others due to such unauthorized use.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no
ownership or other property interest in your account or any other information or attributes associated
with your account, and you further acknowledge and agree that all rights in and to your account or any
other information or attributes associated with your account are and shall forever be owned by and inure
to the benefit of Challenge Games.
Challenge Games does not recognize the transfer of any accounts or any other information or attributes
associated with any accounts. You may not purchase, sell, gift or trade any account or any other
information or attributes associated with any accounts, or offer to purchase, sell, gift or trade any
account or any other information or attributes associated with any accounts, and any such attempt shall
be null and void. You agree that you have no right or title in or to any content that appears in
Duels, including the virtual goods or currency appearing or originating in Duels and any other
attributes associated with your account or stored in Duels. Challenge Games does not recognize any
virtual property transfers executed outside of Duels or the purported sale, gift or trade in the "real
world" of anything related to Duels. Accordingly, you may not sell items for "real" money
or otherwise exchange items for value outside of Duels.
Content / Submissions to Duels
On some parts of our Site or otherwise in connection with your use of Duels, you may be allowed to post
or link to content or applications or provide comments for others to see (such material is referred to
herein as “Content”) . If you post, link to or contribute Content, you guarantee, represent
and warrant to us that:
- You have legal rights to post, contribute or link to such Content and it will not violate any law or the rights of any person;
- While you or the rightful owner of the Content retain all of ownership rights in the Content, you give us (and have the necessary rights to give us) the royalty-free, irrevocable, perpetual, worldwide right to allow other people to view the Content as described in these Terms; and to use, distribute, modify, display, publicly perform, and create derivative works from the Content, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you, consistent with the purposes and function of Duels;
- You are entirely responsible for all Content you upload, post, e-mail, transmit or otherwise make available in any way by or through Duels;
- You have the written consent, release or permission of each and every identifiable individual person
in the Content to use the name or likeness of each and every such identifiable individual person to
enable inclusion and use of the Content in the manner contemplated by Duels and these Terms;
and
For all Content, including all information and materials of any kind, including graphics, sounds, text, or otherwise posted or provided by any user by or through Duels, you understand that we are not responsible for the truth, completeness, objectivity, or usefulness of such Content, nor do we endorse any Content; we do not verify the identity of people using Duels; and we do not screen, monitor, edit or review Content before it appears on Duels. We do have the right, in our sole discretion, to monitor or remove any Content at any time and without notice if we believe doing so will improve Duels. We can also suspend or terminate use of Duels by anyone who does not follow these Terms. Nevertheless, because we do not prescreen Content, you understand that by using Duels, you may be exposed to Content that is offensive or objectionable.
No License Granted
Except for allowing you to use Duels for your personal use as set forth in the paragraph above, when you
use Duels you are not receiving a license or any other rights from us, including intellectual property
or other proprietary rights of Challenge Games. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO DUELS OR ANY
OTHER Challenge Games PROPERTY EXCEPT AS INDICATED IN THIS AGREEMENT.
Copyrights
Duels is owed by Challenge Games Games, Inc. or its licensees and protected by applicable law, with all
rights reserved. Challenge Games takes the protection of intellectual property rights, including
copyrights, very seriously. Challenge Games will terminate your access to, or use of, all or any part of
Duels, without notice to you, if you infringe or misappropriate the intellectual property rights,
including copyrights, of others.
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 501 et seq.,
copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to
Challenge Games if they have a good-faith belief that their protected works are being infringed.
Challenge Games will respond to all such notifications that are sent to:
Challenge Online Games, Inc.
Attn: DMCA Notification
816 Congress Avenue, Suite 1470
Austin, TX 78701
To be effective, the notification must be a written communication that includes:
- A physical or electronic signature of a person authorized to act on behalf of the owner of a right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted
works at a single site are covered by a single notification, a representative list of such works at
such site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled, and information reasonably
sufficient to permit the provider to locate the material;
- Information reasonably sufficient to permit the provider to contact the complaining party, such as
an address, telephone number, and, if available, an electronic mail address at which the complaining
party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of such notification, Challenge Games shall promptly investigate the matter, and, if
appropriate, remove or disable access to the allegedly infringing material. After Challenge Games
removes or disables access to such material, if such material was posted by a user of Duels, Challenge
Games will notify the party that posted the material of its action. Such party may then provide
Challenge Games 's designated agent proper "counter-notification" stating his, her or its
authority to post the allegedly infringing material, which Challenge Games will forward to the alleged
copyright owner. Challenge Games will inform the alleged copyright owner that Challenge Games will
repost the removed material or cease disabling access to it in ten to fourteen business days unless the
alleged copyright owner sends a second notification to Challenge Games’s designated agent stating
that it has filed suit against the alleged infringer.
An effective counter-notification must be sent to Challenge Games’s designated agent, whose name
and address are listed above. The notice must include the following information:
- The counter-notifying party's physical or electronic signature;
- Identification of the material that has been removed or disabled and the location where the material
was before its removal or disablement;
- A statement, under penalty of perjury, that the party has a good faith belief that the material was
removed or disabled as a result of mistake or misidentification; and
- The counter-notifying party's name, address, phone number, and a statement that the party consents to the jurisdiction of the federal court in its district, or if the subscriber is foreign, it consents to any jurisdiction where Challenge Games is subject to jurisdiction, and that the subscriber will accept service of process from the person who provided Challenge Games with notification or an agent of such a person.
Trademarks
Challenge Games and Duels are trademarks of Challenge Online Games, Inc. Other trademarks are the
property of their respective owners.
Contests and Sweepstakes
From time to time, Duels might host or facilitate contests. In such cases, the contest rules shall
be prominently displayed, and you agree to read such rules, comply with them and only participate in any
such contests under and pursuant to the terms thereof.
Protecting Children
The safety of children is very important to us. Challenge Games intends for the Site to be a general
audience site that complies with the Children's Online Privacy Protection Act. When a child under age 13
attempts to register with Duels, we ask that they have a parent or guardian establish an account. This
is to ensure that the parent or guardian consents to the collection and use of personally identifying
information from that child. If a parent wishes to refuse to permit further collection or use of their
child's information by Challenge Games, that parent can send an e-mail to us at support@duels.de to
request deletion of their child's account.
Some parts of Duels may contain mature or adult content intended for people who are at least 18 years
old. If you view this adult content, we understand that you are telling us that you are at least 18
years old and that the material you are viewing is acceptable to you. Parental control protections (such
as computer hardware, software or filtering Duels) are commercially available that may assist parents in
limiting access to content that may be harmful to minors.
Third Party Sites
Duels may contain links to other sites, applications or content, which links may appear to embed the
sites, applications or content hosted or provided by third parties into the interface of Duels. Your use
of such other sites, applications or content is subject to the terms of use, if any, governing the use
of such sites, applications or content. Challenge Games is not able to control these third party sites,
applications or content, and assumes no responsibility for their subject matter, privacy policies, or
practices. If there is any conflict between the Terms set forth below and any terms or notices set
forth with respect to any sites, applications or content provided by any third parties, then the terms
of such third party sites, applications or content will control your use of such sites, applications or
content. Please review the terms of use for each third party provider of sites, applications or content
so that you understand all of the terms that will apply. By using Duels, you expressly relieve Challenge
Games from any and all liability arising from your use of any third-party sites, applications or
content.
U.S. Export Controls
Any download from the Site or otherwise through Duels is further subject to United States export
controls. No downloads may be made from the Site, through Duels or otherwise exported or re-exported (i)
into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan or any other
country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list
of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the
Site, you represent and warrant that you are not located in, under the control of, or a national or
resident of any such country or on any such list.
Privacy Policy
Any information that we may collect from you during your use of Duels is subject to our Privacy Policy.
We encourage you to read and understand our Privacy Policy which can be accessed at https://www.bladeraid.chatbotxxl.com/pages/privacy_policy.
Conduct of Registered Users and Visitors
We believe that all users and visitors benefit from basic rules regarding conduct while using Duels.
Widespread use and enjoyment of Duels is jeopardized when a few individuals act irresponsibly. To help
everyone have a positive experience, we ask, and you agree, to follow the following basic rules of
conduct when using Duels:
(1) You will follow these Terms and all applicable laws;
(2) You will never give your password to anyone (no Challenge Games employee will ever ask for it) and
you will not provide your billing or credit information;
(3) You will not harass, threaten or abuse other people when using Duels in any manner;
(4) You will not make excessive challenges or invitations to other users;
(5) You will not interfere with others' use of Duels or act in a way that negatively affects other
users' enjoyment of Duels;
(6) You will not cheat and you will not use “exploits" or “dummy accounts” in any
way;
(7) You will not participate in any action that, in the sole and absolute opinion of Challenge Games,
results or may result in any authorized user of the Duels being scammed or defrauded out of any items
that such user has purchased or earned in connection with such user’s use of Duels;
(8) You will not upload, post, e-mail or otherwise make available any Content that is obscene or may be
hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful;
or is defamatory, libelous, or invades another person's privacy or proprietary rights, including any
patent, trademark, trade secret, or copyrights of any party;
(9) You will not use or exploit any errors in design, features which have not been documented, or "bugs"
to gain access or items in any way that is not generally known and intentionally made available by
Challenge Games, and you will promptly report to Challenge Games your discovery of any such errors,
features or bugs.
(10) You will not attempt to harvest any screen names of e-mail addresses for any commercial use;
(11) You will not collect or store personal information about any other individual on Duels, or
otherwise stalk, repeatedly contact or harass another user;
(12) You will not impersonate any other person or misrepresent a relationship with any person or entity,
including misrepresenting a relationship with Challenge Games; similarly, you will not adopt a false
identity if the purpose of doing so is to deceive or defraud another;
(13) You will not use Duels to harm minors in any way, or encourage interactions with minors of a sexual
nature;
(14) You will not manipulate Duels so as to hide your identity or participation in Duels (by using
another person's identity, changing headers, or otherwise modifying any other possible identifier);
(15) You will not post any Content that contains any viruses, cancel bots, Trojan horses, harmful code,
or other computer programs or code designed to interrupt Duels, users' ability to enjoy Duels, or the
proper functioning of any software, hardware or equipment or materials used in connection with Duels;
and
(16) You will not send any bulk unsolicited advertising, promotional information, e-mail or other
solicitation (including without limitation junk mail, "spam," chain letters or pyramid schemes
of any sort) to any person through the use of Duels.
(17) You will not use any automated programs or "scripts" to advance your character or characters,
acquire goods, or otherwise accrue benefits in an automated fashion.
(18) You will adhere to and abide by any policies or rules posted in the News and Updates
section of the Forums.
If you violate any of the guidelines set forth above, or any other aspect of these Terms, we reserve the
right to suspend or terminate your rights to use Duels without giving you any notice. In the event that
your rights to use Duels are terminated, you will immediately lose access to any information that may be
on the system. YOU UNDERSTAND THAT Challenge Games IS NOT RESPONSIBLE FOR YOUR INABILITY TO ACCESS ANY
INFORMATION ON DUELS FOR ANY REASON, WHETHER IT BE BECAUSE OF TERMINATION OF YOUR ACCOUNT; SOFTWARE,
HARDWARE, OR INTERNET PROBLEMS OR ERRORS; OR ANY OTHER REASON.
Indemnity
YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE USING DUELS AND FOR ALL
CONTENT PROVIDED VIA YOUR ACCOUNT, AND AGREE TO INDEMNIFY AND HOLD Challenge Games AND ITS AFFILIATES
AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE,
LIABILITY, COST OR EXPENSE OF ANY KIND (INCLUDING ATTORNEYS' FEES) THAT WE MAY INCUR IN CONNECTION WITH
A THIRD PARTY CLAIM OR OTHERWISE, IN RELATION TO YOUR USE OF DUELS, THE CONTENT YOU CONTRIBUTE OR LINK
TO, OR YOUR ACCESS TO DUELS, OR YOUR VIOLATION OF EITHER THESE TERMS OR THE RIGHTS OF ANY THIRD PARTY.
Warranty Disclaimer
YOU UNDERSTAND THAT YOUR USE OF DUELS (INCLUDING ANY DOWNLOAD FROM DUELS AND ANY LOSS OF DATA OR OTHER
DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING DUELS) IS AT YOUR SOLE RISK. YOU UNDERSTAND
THAT DUELS AND ALL INFORMATION, APPLICATIONS, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY
INFORMATION, APPLICATIONS PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM DUELS, ARE PROVIDED ON AN
"AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE
AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT Challenge Games MAKES NO WARRANTY THAT DUELS
WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT Challenge Games DOES NOT
WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF DUELS WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY
KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, Challenge Games DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND
CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS) AS TO DUELS AND ALL INFORMATION, APPLICATIONS, PRODUCTS AND OTHER CONTENT (INCLUDING
THIRD PARTY INFORMATION, APPLICATIONS, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM DUELS.
Liability Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Challenge Games OR ITS AFFILIATES BE
LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT
NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES
FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR
DUELS, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT
OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF DUELS OR
Challenge Games, EVEN IF Challenge Games HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES
AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR
OTHERWISE.
Access Restrictions; Termination
We can terminate your access to Duels at any time. We may also remove any Content that you post without
cause and without notice to you.
We can also change these Terms at any time, and your continued use of Duels after any change we make
will mean that you agreed with the changes. Notice to you may be made by displaying notices or links to
notices to you generally on the Site. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, PLEASE DO NOT
ACCESS OR USE DUELS IN ANY MANNER FOR ANY PURPOSE.
Entire Agreement
These Terms are the entire agreement between you and Challenge Games. They supersede any and all prior
or contemporaneous agreements between you and Challenge Games relating to your use of Duels. If any part
of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of
these Terms, all of which will remain in full force and effect.
You can direct any questions concerning these Terms to support@duels.com.