Privacy Policy

Last Updated April 1, 2019

Terms of Service

1 Service Overview: Gato Games Inc. (“Gato Games”) operates and owns all rights to battledawn.com and battlegalaxy.com, websites that allow You to participate in massively multiplayer on-line games. This Agreement constitutes a binding understanding between the User (“You”), an individual over the age of 13 who is capable of entering into a definite agreement or the legal guardian of a person under 13 years of age and Gato Games.

1.1 About Gato Games: Gato Games is a duly incorporated US Company.

1.2 Amending or Terminating the Service and This Agreement: Gato Games may amend the Service or this Agreement at any time, provided Users are given prior notice of 14 days before such amendment comes into effect. Gato Games may terminate this Agreement with all Users or any user, for any reason or no reason, at its full discretion and without any prior written notice.

1.3 Definitions: In this Agreement, the following terms shall have the following meaning:

Content: Any virtual or intellectual property conveyed by Users to Services or Gato Games.

Game Administrator: A User appointed by Gato Games or employed by Gato Games, whose position is to maintain the fair and equal operation of Services

Game Resources: Any virtual assets, including virtual earnings, virtual goods, virtual possessions, virtual resources or any other intangible goods which, excluding Tokens, are used in Services.

User Account: The username and password for any User in Services, including all of the User Account’s Game Resources.

Users and User: All legal and real persons bound by this agreement, defined by holding a User Account in Services.

Supporting Users: Users who have paid Gato Games for any Tokens or have otherwise made any purchases from Gato Games within the last 90 days.

Services: All content and services supplied by battledawn.com, battlegate.net, supermechs.com including any objects, pages, software and intellectual property stored on said sites, including flash games and any other software downloaded from websites to Your computer.

2 General Terms and Conditions: The whole use of Services, including Applications within Services, shall be governed by the following terms.

2.1 Eligibility: You hereby state that You are a real legal person over the age of 13, or a legal guardian of a person younger than 13 years of age, not residing in any proscribed country or entity, and who is not declared insolvent, bankrupt or liquidated. If you are a corporation, or a person acting on behalf of a corporation, You warrant that you hold and obtained all the relevant permissions and authorizations from Your corporations institutions.

2.1.1 Authentication: When registering for Services, You shall receive an email with Your User Account details. Such message contains both Your name and password and may be sent unencrypted. Should You wish to increase Your security, You should change Your User Account password immediately after registration.

2.1.2 Activation: In order to activate Your account, You are required to authenticate Your email by clicking a link or entering a verification code. You are required to add [email protected] as a contact to Your email contact list, as Gato Games shall not be liable for any failed deliveries or arrival of messages to Your Spam inbox.

2.1.3 Accurate and Secret Information: You shall provide Gato Games only with accurate information about yourself and shall keep Your User Account information, including password and other login information in utmost secrecy and shall be liable to any damage, direct or indirect arising from the misuse of Your User Account. Should You find that any personal information regarding Your User Account has been violated or disclosed, You shall immediately and without any delay (1) notify Gato Games of any unauthorized use of Your password and User Account; and (2) make intentional efforts to ensure that no other party misuses Your User Account thereafter.

2.2 User Conduct: When using Services, You agree to participate in any conversation, contribution or conduct in a friendly and courteous manner, without inciting hate or maliciously attempt to circumvent any other User'sparticipation. Moreover, You agree not to use Your User Account to:

2.2.1 Farming: Participate in any activity within Services for the sole purpose of gaining Game Resources, without participating in actual gameplay; and/or acquiring Game Resources in order to sell them to other Users in exchange for cash, payment or other benefits; establishing Users for the sole purpose of transferring Game Resources to Your other accounts. You shall not solicit or endorse any 3rd party to participate in Services in order to convey Game Resources to You.

2.2.2 Fraud: Participate in any activity meant for fraud or to encourage other Users to convey funds, Game Resources or other assets into Your possession. You shall not use automated processes, scripts or macros during gameplay. You shall not employ any script based on reverse engineering or manipulation of any communication between Yourself and Services.

2.2.3 Non-Personal Use: Use Services by more than one person or in order to establish financial or business gain, sell Users and/or User Accounts to third parties. You are forbidden to disclose any User Account details to any 3rd party or to post them in any public location.

2.2.4 Bullying: Use Services in a manner disturbing, harassing or defaming to Users, stalking or depriving Users of any enjoyment of using Services In a manner which Gato Games may determine as Bullying.s.

2.2.5 Loopholes: You shall not attempt to manipulate or circumvent Services or use loopholes in them; furthermore, You shall report any loopholes or means for circumvention immediately to a Game Administrator.

2.2.6 Infringement of Copyright: Use Services in a manner infringing Services and/or any other 3rd party's copyright, including other Users' copyright or any other intellectual property right.

2.2.7 Invasion of Privacy: Use Services in a manner that deprives any other User's privacy and/or to publish any private information about any other User or 3rd party.

2.2.8 Spam: You will not use the Service, or otherwise advertise the services if you are a part of Gato Games's Affiliate program, in any manner which is considered spamming, including sending unsolicited emails, using false headers in emails to advertise your affiliate code or any other conduct which Gato Games may deem as spamming.

2.2.9 Policy Enforcement: Gato Games may use administrative tools such as moderation or banning You from activity or enforce Vacations on You, should it reasonably assume that You were in violation of these Terms.

2.3 Title and Goods: You agree and understand that You hold no right to any part of Services, Game Resources and/or virtual goods, and that every contribution, purchase or activity, including Content, may be removed at any time. Gato Games may amend the games rules and/or remove any virtual assets at any time at its discretion.

2.4 User-Generated Content: By contributing Content to Services, You agree to adhere to Gato Games's User Conduct Policy and refrain from posting any offensive content.

2.4.1 Copyright: By contributing Content to Services, You hereby grant Gato Games an irrevocable, perpetual,non-limited license to use, display, convey and publish Your Content to Users and other 3rd parties. You, moreover, grant Gato Games a perpetual license to publish and disclose such Content to 3rd parties in order to provide Gato Games's Services.

2.4.2 Public Chat: You may contribute Content to Public Chat rooms or shout boxes; by contributing Content to chats, You agree and acknowledge that Gato Games may charge Game Resources for such contribution and may remove any contribution at its own discretion. You also acknowledge that any contribution to chats may be read by any other users.

2.4.3 Offensive Content: You may flag any other User’s contribution, including internal messages, as offensive and allow Gato Games's managers to review said contribution. You acknowledge that such report shall not impose liability on any contribution not removed and will not impose any other obligation on Gato Games.

2.4.4 Messages: You may use Services to send messages to users, provided that said messages are used for personal, non-commercial, non-harassing purposes. Gato Games may limit the amount of messages sent per day and may monitor Your use of messaging systems.

2.4.4.1 Spam: You may not use Services to send unsolicited, non-personal messages, promote any business or otherwise encourage Users to make any purchase or subscription.

2.4.4.2 Block, Ignore: You may block specific Users or User group; however, by blocking said Users and/or groups, You acknowledge that such messages will not be received by You and hereby release Gato Games from any damage arising from such block.

2.4.4.3 Delete, No Backup: You acknowledge that any deletion of any message will cause it to be deleted in a manner which may not be restored. Gato Games shall not restore any backup or archive of Your old messages and You should retain physical copies of messages or refrain from using the message system within Services for important messages or or any information which is confidential or published according to law.

2.4.4.4 Automatic Removal: You acknowledge that messages are deleted in automated processes from time to time in order to conserve Services' system resources; however, You may archive messages for specific durations in exchange for Game Resources.

2.4.5 Usernames: You undertake not to use any offensive username, including copyright-infringing names, names which dilute trademarks or trade names, names that infringe any 3rd party right, names that are considered objectionable or offensive. You acknowledge that Your User Account may be terminated or suspended should You use any offensive username.

2.4.6 Offensive Material: You may not post any Content which may contain or be deemed as (i) profanity, obscenities, sexual context or content, pornographic display or conduct, or initiate sexually-oriented proposals to minors; (ii) requests with sexual orientation, including promotion of dating services and escort services; (iii) slander or defame any User without the User’s prior written consent, or offend, threaten, insult, harass or disturb any User without their prior written consent; (iv) promote illegal activity, including conspiring and/or ganging against other users; (v) initiate any activity involving games of luck, gambling or promotional competitions involving prizes not affiliated with Gato Games; (vi) publish Copyright, Trademark and Patent infringing materials; (vii) publish personally identifiable information, either of yourself or of other users; (viii) initiate political, social, racial, religious or any other intolerant speech; (ix) involve pyramid schemes and/or chain mail; (x) provide links for any commercial and/or promotional business of third parties; (xi) use obscene usernames; (xii) request any other User's personal User Account information; (xiii) initiate scams; (xiv) post repetitive messages; (xv) inject or post any malicious computer code or binary or any Trojan horse, cross site script or malware to Services; (xvi)any false description or appropriation as to Your affiliation as Gato Games staff or representative; (xvii) any unlawful material or material requiring governmental authorization for transacting information; (xviii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted or requested; (xix) publish or transmit any Content that You do not have a right to publish or transmit under any law or under contractual or fiduciary relationships (including but not limited to inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (xx) interfere with or disrupt the Services or servers or networks connected to Services, or disobey any requirements, procedures, policies, or regulations of networks connected to Services, intentionally or unintentionally.

2.4.7 Moderation and Removal: Gato Games may, at its sole discretion, remove any Content, delay the publication of any Content or amend any Content. You shall have no claim as to Gato Games's intervention in Content and shall hold Gato Games harmless to any Content moderated, removed, or amended.

2.5 Takedown Notices: Should You encounter any Content which You consider infringing on any of Your rights, You may contact Gato Games at any time and request that such content be removed. Gato Games may remove infringing content at its sole discretion or shall inquire and try to contact the User who posted the Content. Should the User request to leave content intact, Gato Games shall supply You with the contact details of said user, so that You may pursue litigation against said user. By sending Gato Games a takedown notice according to this clause, You waive any claim against Gato Games for any infringement of Your rights by any user.

2.6 Defraud Mechanisms: Gato Games may operate any mechanisms or means in order to police and uphold Gato Games's policy. Amongst other things, Gato Games may perform audits on User Credit and transactions in Game Resources, review Your messages and transactions with other users, check whether You use multiple User Accounts from one IP address, and determine whether You perform any actions which were reported as offensive. Keep in mind that Gato Games retains logs of administrative activity and that Administrators shall not perform any activity in User Accounts.

2.7 Referral Program: Gato Games may operate any Referral Programs that shall provide You with Game Resources if You refer to Services any Users that purchase Tokens. Gato Games may determine, at its sole discretion, any Game Resources that shall be granted to You should You refer any new users.

3 License: You are hereby granted a limited license to run any software downloaded from Gato Games's website, including flash objects, on Your computer; provided, however, that You may not distribute, amend or otherwise perform any action which is in violation of this agreement. You may not redistribute any portion of Services and You may not frame Services in webpages hosted by you. You may not run Services outside of Gato Games's website and may not interfere with Services' transactions.

4 Emails: Gato Games may use stored user's email to send newsletters and information on the games of Gato Games to the user. The user may revoke his consent at any time in writing (e.g. by email). The user shall be given the opportunity in every newsletter sent by Gato Games to refuse to accept further information and to dispatch an appropriate revocation.

5 Forums: Gato Games's forums (“Forums”) are powered by phpBB which is a bulletin board solution released under the General Public License ( “GPL”) and can be downloaded from http://www.phpbb.com. The phpBB software only facilitates internet based discussions; the phpBB shall not be deemed responsible for what Gato Games allows and/or disallows as permissible content and/or conduct. For further information about phpBB, please see: http://www.phpbb.com/.

5.1 Posting Content: You may post Content to Forums, open a new Forum or erase Your Forum, all with accordance to this Agreement, provided, however, that Gato Games may moderate or amend any Content or moderate Your Forum by adding an Administrator on its behalf.

5.2 Accuracy: Forums may include data relating to gameplay and/or other features in Services. You hereby acknowledge that such data is entered by Users and is not official Gato Games notices, manuals or walk-troughs. Gato Games takes absolutely no responsibility on the accuracy of ANY data posted on Forums.

6 Battle Dawn Rules: Battle Dawn is a game based on strategy, community and skill. Your goal is to ultimately become the strongest leader on Your planet, supreme to all others. You must learn to use diplomacy, resources and military to aid in Your quest for ultimate power. You'll soon discover that greatness can be only achieved through teamwork

6.1 Duration: Battle Dawn consists of game cycles, which may be determined by each Game Administrator, or may be played until specific goals set by Game Administrators are met.

6.2 Eligibility: You may play Battle Dawn with Your User Account in several worlds, and build one Colony on each world. You may not create and manage more than one Colony in a single Battle Dawn world, even with multiple User Accounts. You may not allow 3rd parties to generate Colonies on Your behalf or for Your benefit. Gato Games may notify Users should it consider You to be in violation of this clause either by attaching an icon to Your Colony or any other means.

6.3 Goal & Prizes: Each world's Game Administrator may set specific Goals, which if You meet, You (or any other User) may receive additional Game Resources or any other Prize. The Game Administrator shall have sole discretion on determining Goals or Prizes. Gato Games may publish Users' scores at the end of Game's Cycle. Gato Games may remove any User from such publication for any reason.

6.4 Colony: When initiating gameplay in Battle Dawn, You shall be required to locate a suitable location for a Colony; You may only establish one Colony per world, and may establish more outposts. You should select Your unique ruler name and Colony name.

6.5 Occupation and Rebellion: Note that Your Colony may be occupied by other Users, in which case, You will lose some of Your Game Resources and may be required to pay other Users a percentage of Your Game Resources. You may also lose Your control over other Users' colonies.

6.6 Alliances: You may join alliances in order to complete Your Goal; however, please note that some alliances have specific codes of conduct and that You cannot attack allied colonies. You may form Alliances and enact codes of conduct as well. Gato Games may limit the number of Users in an Alliance and Alliances.

6.7 Spies: You may set up Intelligence and Spies, which may disclose data about other Users' Colonies and activity; however please note that Your activity may be monitored as well.

6.8 Colony Deletion: Gato Games may remove Your Colony, including vacationed colonies, after a set number of days without activity or should it believe that Your inactivity may interfere with gameplay. Please note that Supporting Users' Colonies may be removed after longer periods of inactivity, but are still subject to the Game Administrator's sole discretion; any termination according to this clause is irreversible.

6.9 Vacation: You may set Your Colony to Vacation Mode; in which case, 12 ticks after Your entrance to Vacation Mode, Your colony shall not be involved in gameplay, You shall not receive any Game Resources. However, occupied colonies may rebel against You and You may lose Your control over them and Your outposts. Please note that stepping into Vacation Mode shall not cause scheduled attacks and/or attacks by forces which are already on their way to You.

6.10 Resources: You shall receive resources from structures and workers in Your colony as well as Your occupied Colonies, according to Game Administrator's discretion; however, when Colonies are deleted or removed due to inactivity or other termination, You will be entitled to operate an Outpost instead of occupied Colony or remove such outpost to gain Game Resources.

6.11 Tokens: You may purchase tokens which may be converted to Game Resources. Such purchase may be made by 3rd party services and with accordance to this Agreement. You may not transfer tokens or transact with other Users to convey Game Resources gained by Token purchases. You may not convey or transact in any sale or purchase of Purchased Tokens from other players against actual funds.

6.12 Bonuses and Grants: Each Game Administrator may, at its own discretion, convey Game Resources for any User should such User (i) contribute in bug detection or bug fixes; (ii) incur damages from bugs or any violation of this Agreement by other Users. Game Administrators may also grant general bonuses in Game Resources to all Users should specific conditions are met, or a set amount of Tokens shall be purchased.

6.13 Resource Caps: Gato Games may determine resource Caps on Game Resources in order to maintain balanced and fun gameplay.

8 Further games: Gato Games may operate future games, which will be subject to this Agreement. Should any specific conditions be required to play said games, Gato Games shall incorporate these conditions either in this Agreement or specifically within the Game.

10 General TOS:

10.1 Rates: Gato Games may charge fees for gameplay, Services or any other activity or for any premium activity, including extra Game Resources. Gato Games may amend these rates at any time by its sole discretion.

10.2 Payment through 3rd Parties: Gato Games may contract 3rd parties to collect funds and/or payments by users. Payment may be made available either by credit cards, premium text messages or premium phone numbers. Gato Games shall not be liable should any payment be delayed or not be conveyed to Gato Games.

10.3 Subscriptions: If you subscribe to any of Gato Games's services, you agree to pay the subscription fees until you otherwise terminate your subscription.

10.4 Refund: All payments made according to this Agreement are final. By no cause shall Gato Games reimburse or refund any payments. Should Your User Account be hacked, You will not be refunded for any losses, even if the loss of control results in the deletion of Your User Account.Should You, by any mean or way, revoke or cancel any of Your payments to Gato Games, Gato Games shall be allowed to supply the 3rd party clearing or payment service any information about such transaction; including, but not only, Your email address, Your IP address and Your in-game activity pursuant to such denied transaction.

10.5 Compensation: Gato Games maintains the right to compensate You with Game Resources; however, such decisions are at the sole discretion of Gato Games and shall not be constructed as an obligatory right.

10.6 Advertisements: Gato Games may, at its own discretion and for its causes, include within Services any links for 3rd party websites, advertisements or links for applications (“3rd Party Content”). Gato Games does not warrant for 3 rd Party Content or availability thereof nor does it endorse it. Gato Games shall not be held, or claimed to be held, liable for any 3rd Party Content, its legality or illegality, its adequacy with regulations and its quality. Moreover, You agree not to circumvent any 3rd Party Content by any ad blocking software or any other mean.

10.7 Liability: For no case and for no reason shall Gato Games be held liable for any damage, direct or indirect, consequential, exemplary, physical or special, to You, any User or any 3 rd party due to its lack of performance of duties herein. Gato Games supplies Services on an AS-IS basis and shall not be held liable, to the extent permitted by law, by any case of misconduct, negligence, gross negligence, malice or any other mean, to any damages or loss of property, including damages to: virtual property, reputation and business reputation, User Account information including login information, loss of profit, loss of good name, all resulting from the use of, or inability to use, Services or services rendered by Gato Games.

10.8 No Warranty: Gato Games does not warrant its Services and supplies it on an “as-is” and “as-available” basis. Your use of Services is at Your own risk and under Your liability. Gato Games makes no warranty that (i) the service will meet Your requirements ,(ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the Use of Services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by You through Services will meet Your expectations, or (v) any errors in the software will be corrected. Any software element or digital file downloaded or otherwise obtained through the use of Services is done at Your own discretion and risk. You are solely responsible for any damage to Your computer system or loss of data or damage to computer machinery results from the download of any such material. No advice or information, whether oral or written, obtained by You from Gato Games and/or through or from Services shall create any warranty not expressly stated in this Agreement.

10.9 Indemnification: You agree to hold Gato Games harmless and to indemnify Gato Games for any lawsuit brought against it by You, Your successors or any other party on Your behalf in contradiction to this Agreement or for any damage to any 3rd party caused by Your conduct. You also agree to indemnify Gato Games for any damage, whether direct or consequential arising from any breach of this agreement, including injection of malicious code, misrepresentation of copyright, trademarks or patents or any other breach of this agreement against any other Users.

10.10 No Supervision: You acknowledge that any supervision of User conduct by Gato Games does not create liability whatsoever and is for statistical purposes and in order to monitor User behavior in general. Gato Games shall not be held liable even if it is aware of User conduct in breach of this agreement.

10.11 Copyright: Services are owned by Gato Games and are protected by copyrights, trademarks, and other intellectual property rights. You may not copy or download any content from Services unless You have express authorization Gato Games to do so. You shall not copy, transmit, modify, distribute, show in public, modify or create any derivative works from the Services or Content, unless Gato Games expressly authorizes You in writing to do so. Making unauthorized copies of any portion of Services or Content may lead to the termination of Your User Account and may subject You to further legal action.

10.12 Translation: Gato Games allows Users to translate Services to languages, including gameplay definition and other portions of the User interface in Services.

Should You wish to take part in such translation, You hereby agree:

10.12.1 Sufficiency and Literacy: You are both literate in English and the language to which You are translating the Services.

10.12.2 Grant of License: All Your translations and other contributions shall be deemed as Content according to this Agreement, and Gato Games shall have the perpetual right to distribute, publish, amend, relicense, convey and hold title to all Your contributions. You acknowledge that You may not receive any credit for Your contribution and that Your contributions may be rejected.

10.12.3 No Malicious Content: You shall not post content or translations, which are inaccurate or which are considered offensive.

10.12.4 Warranty: You will be solely liable to other Users should You translate Services in an offensive or inaccurate manner.

10.12.5 No Warranty: You acknowledge that Gato Games shall not be liable to any User translation of Services and agree to hold Gato Games harmless from any inaccurate translation.

10.12.6 Report offensive: You can report about any offensive translation to Gato Games, and Gato Games shall take proper means to inspect said translation.

10.13 Severability: The provisions of Section 10 of this Agreement shall survive the termination of this Agreement.

10.14 Termination: Gato Games may, at its sole discretion, terminate this Agreement, Services, Application or any other service rendered by it due to any reason, including any fault or malfunction, for any User, including You, or with no reason at all or for any reason, including, without limitation, for lack of use or if Gato Games believes that You have violated or acted inconsistently with the understandings or spirit of this Agreement or for any reason decided by Gato Games as a cause for termination. Gato Games may also, in its sole discretion and at any time discontinue providing Services, or any part thereof, with or without notice. You agree that any termination of Your access to Services under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Gato Games may immediately deactivate or delete Your User Account and all related information and files in Your account and/or bar any further access to such files or the service. Furthermore, You agree that Gato Games shall not be liable to You or any third-party for any termination of Your access to Services.

10.15 Entire Agreement, Waiver: This Agreement constitutes the entire understandings between parties and will only be amended in writing. No waiver on behalf of Gato Games to perform any of its rights under this agreement shall constitute amendments of it.

10.16 Governing Law: This Agreement shall be governed by the laws of the State of Israel, including its regulation regarding conflict of laws.

10.17 No Class Action: You undertake not to initiate any class action, for any reason, against Gato Games and to claim Your damages only according to this agreement.

10.18 Jurisdiction: Any conflict arising from this Agreement shall be brought solely to the competent courts of *(?)*, the United States.