DofDD Terms of Service

OVERVIEW

This website is operated by Developments of Discerned Design LLC. Throughout the site, the terms "DofDD", "DofDDesign", "we", "us" and "our" refer to Developments of Discerned Design LLC.
Developments of Discerned Design LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions (the "DofDD Terms of Service", "Terms"), the Privacy Policy located here (the "DofDD Privacy Policy") and the DofDD End User License Agreement for each DofDD Game available ("DofDD End User License Agreement"), as well as any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

These Terms of Service inform you of our expectations of users who access our Services, and cover the following topics:

1. ACCEPTANCE

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to our Services shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to our Services following the posting of any changes constitutes acceptance of those changes.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. If you are not of legal age to enter into the DofDD Terms of Service, DofDD Privacy Policy and DofDD End User License Agreement or have not obtained parental or guardian consent to enter into the DofDD Terms of Service, DofDD Privacy Policy and DofDD End User License Agreement, then you may not access and/or use the site or Services offered.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You may not transmit any worms, viruses or code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

2. GENERAL CONDITIONS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

You may not assign or transfer any of your rights or obligations under the DofDD Terms of Service. DofDD may assign or transfer any and/or all of its rights and/or obligations under the DofDD Terms of Service without restriction.

DofDD operates from its offices in Kansas, in the United States of America. While most of the DofDD Games and Services may be accessed online, DofDD makes no representation that they will be available or appropriate for use outside of the United States. Our software is subject to United States export controls. None of our software may be downloaded, accessed, or exported into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan, or any other country to which the U.S. has embargoed goods, or 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 accessing or using our software, 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.

3. PRIVACY

DofDD's collection, use and disclosure of end user information are subject to the DofDD Privacy Policy which explains how DofDD collects, uses and stores your personal information. Your submission of the information through or in connection with any Services is governed by the DofDD Privacy Policy. To the extent that you submit any personally identifiable information to any third party in connection with any Services, please note that such third party's collection, use and disclosure of such information will be governed by its own privacy policy and not by the DofDD Privacy Policy, and we are not responsible for the information collection, usage and disclosure practices of such third party or any other third parties.

4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

5. ACCOUNTS

Before you can access our Services or play any of the DofDD Games, you will be required to create an account. To create an account you must be at least 18 years old, or at least 13 years old and have your parent's or legal guardian's permission. When creating an account you will be required to, among other things, select a username and password and provide your email address, country of residence and date of birth. You may not use (and we may refuse to grant you) any username that is already being used by another person, may be construed as impersonating another person, violates the intellectual property or other rights of another person, is offensive, or DofDD rejects for any other reason in its sole and absolute discretion. You are responsible for maintaining the confidentiality of your username and password and for all interactions with any Services that occur in connection with and/or through your account. You represent and warrant that any information you provide in connection with your access to and use of any Services is true, accurate and complete, and that you will maintain and update such information as needed, such that the information remains true, accurate and complete. If you choose to make any of your personally identifiable information or other information publicly available through or in connection with your access to and/or use of any Services, you do so at your own risk.

You may not sell, transfer, or allow others to access and/or use your account. Please notify us immediately if you are aware of any unauthorized access to and/or use of your account. If you forget your username or password and have not enabled account recovery tools, you may not be able to access and use your account. For security reasons, please do not use your real name as your username or password. We reserve the right in our sole and absolute discretion to suspend and/or terminate your account and restrict your access to the Services if you do not comply with any of the terms of service or other policies that apply to your access to and/or use of any Services.
In the event that your account has been suspended, DofDD may request that you provide further verification of your identity, for example, by responding to an email or a text message, before your account may be reactivated. DofDD is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. You can access, edit and update your account information anytime by clicking on the "Account" link in the menu at the top of the home page. You acknowledge and agree that you (and not we) are responsible for obtaining and maintaining all telecommunications, internet, computer hardware, equipment, and services needed to access and use our Services, and for paying all charges related thereto.

We use Square to process payments you make when you purchase goods or services from us. When you create a DofDD account, a payment profile will also be created for you with Square. You have the option of managing that account directly with them or through your DofDD account settings. There are no additional fees for using this service. When you make a purchase, our business name will appear on your statement as "Developments of Discerned Design LLC", and may also include labels such as "gosq.com" or "SQ*". To learn more about how Square handles your personal information, see their Privacy Policy and Terms of Service. You will receive email notifications for order confirmations and shipping updates either from them or from us. When creating a DofDD account, your choice to opt in or our of marketing emails with us will also be the designation made for your account with Square.

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at http://kids.getnetwise.org/ and http://onguardonline.gov/. Please note that DofDD does not specifically endorse any of the products or services listed at these sites.

6. FREE ACCESS

Most of our Services are free to access, meaning that end users can access DofDD Games or Services for free, with optional content and features available for purchase.
We may provide the following options for access to paid content:

Virtual Currency

Virtual Currency is an online redeemable point system that can be used to obtain certain products and services offered by DofDD through the Services. Virtual Currency can be purchased online or in-game, can be acquired by redeeming a Reward Code, and may be awarded to end users for free in connection with certain DofDD promotional offerings. Virtual Currency is sold in bundles and the price may vary depending on the amount you purchase and the location from which you purchase it. We may limit the amount of Virtual Currency that you can purchase and the location from which you purchase it. We may limit the amount of Virtual Currency that you can purchase or redeem over any given period of time. The purchase or redemption of Virtual Currency may be subject to sales tax, VAT or GST. Where applicable, DofDD will collect the required sales tax, VAT or GST, and will remit the required amounts to the applicable taxing authority. All sales and redemptions of Virtual Currency are final. Virtual Currency does not expire, however all Virtual Currency is forfeited if your account is terminated or suspended for any reason. We reserve the right to terminate your access to the Virtual Currency in your account if we determine that you have used the Virtual Currency in connection with any fraudulent or illegal activity. Virtual Currency is not legal tender and does not constitute a personal property right. Virtual Currency is non-refundable, non-transferrable, has no cash value, and may not be redeemed, sold, or otherwise transferred for any sum of money or monetary value at any time. DofDD may offer more than one type of Virtual Currency, for example, Etherite for its PC games (where available) and Rewards Points for qualified purchases of physical merchandise. Each type of Virtual Currency is separate and cannot be converted into another type of Virtual Currency.

Virtual Items

DofDD may sell a variety of virtual items ("Virtual Items"), which are digital objects such as armor, weapons, adornments, furniture, pets, mounts, potions, etc. that end users can acquire and use for entertainment purposes in DofDD Games. Please note that virtual items are not chattel and you do not acquire any ownership rights in the Virtual Items. When you purchase or otherwise acquire any Virtual Item in any DofDD Game(s), DofDD is providing you a limited license to use the Virtual Item in such DofDD Game for personal, non-commercial purposes. DofDD may sell Virtual Items through an in-game marketplace, a website, and/or a mobile app. Virtual Items may be sold for Virtual Currency or real-world money, at DofDD's sole and absolute discretion. Please note that not all Virtual Items are available for purchase. Some Virtual Items can be acquired only through gameplay (e.g., by completing quests, killing non-player characters, crafting, spending certain points or in-game currency, etc.), or through certain promotions offered by DofDD. DofDD reserves the right to add, modify, remove, suspend and reintroduce Virtual Items in DofDD Games, in-game marketplaces, and promotional offers, and to change the prices and/or difficulty of obtaining Virtual Items, at any time in its sole and absolute discretion. Such changes may impact the effectiveness, functionality, and/or commonality of the Virtual Items. As a result, the value and desirability of a Virtual Item may significantly increase or diminish over time. By purchasing a Virtual Item license you assume the risk of any such changes and agree never to assert any claim against DofDD based on the actual or perceived value, or change in value, of a Virtual Item. The purchase or redemption of Virtual Items may be subject to sales tax, VAT or GST. Where applicable, DofDD will collect the required sales tax, VAT or GST, and will remit the required amounts to the applicable taxing authority. All sales and redemptions of Virtual Items are final. All Virtual Items are forfeited if your account is terminated or suspended for any reason. We reserve the right to terminate your access to the Virtual Items in your account if we determine that you have used the Virtual Items in connection with any fraudulent or illegal activity. Some Virtual Items may be tradable to other end users as a part of the DofDD Game. However, except as may be expressly permitted by DofDD in its sole and absolute discretion, selling or otherwise transferring Virtual Items in exchange for real-world money or monetary value is not allowed. Virtual Items acquired through the in-game marketplace are non-refundable, have no cash value, and are not redeemable and/or refundable for any sum of money or monetary value from us.

Digital Downloads

DofDD may sell a variety of products as digital downloads including images, sound files, video files, 3D models, custom code files, and PC or Mobile game content. Use and distribution licenses will be provided at the time of sale. For some DofDD Games, DofDD may sell licenses to digital downloads, such as expansion packs, that provide additional gameplay, content, functionality and/or features. Please note that some or all of the gameplay, content, functionality and features in a digital download may be made available at a reduced price, or for free, in a later release of such DofDD Game. Digital downloads are non-refundable.

Subscriptions

Some DofDD Games or Services offer membership levels for purchase that provide access to additional content, functionality and features. Some membership levels may require the purchase of a subscription. Subscriptions may be acquired by redeeming a Reward Code, by redeeming an "Etherite Orb" Virtual Item (where available), by purchasing a recurring subscription on this website, or by purchasing a recurring subscription or membership on integrated websites such as Twitch or YouTube. Recurring subscriptions will automatically renew for the same amount of time as the initial subscription period, and will automatically be charged to the payment method on your account unless you terminate the auto-renewal before the next renewal date. You can stop the automatic renewal of your subscription at any time by logging into your account and navigating to the membership page. DofDD reserves the right to change the price and/or to modify the features and content provided by a subscription at any time in its sole and absolute discretion. We will provide at least ten (10) days' notice to you before changing subscription pricing. The purchase or redemption of Subscriptions may be subject to sales tax, VAT or GST. Where applicable, DofDD will collect the required sales tax, VAT or GST, and will remit the required amounts to the applicable taxing authority. All sales and redemptions of Subscriptions are final. Real-world money paid for subscriptions is forfeited if your account is terminated or suspended for any reason. In the event of account termination or suspension, automatic renewal of your subscription will be halted. Subscriptions are non-refundable and non-transferrable.

You hereby agree to not assert and/or bring any cause of action, claim and/or suit against DofDD, our affiliates, and/or our licensors and suppliers arising out of and/or related to (a) any claim that you own any Virtual Currency, Virtual Items, or digital downloads, (b) any claim for the "value" of any Virtual Currency, Virtual Items, or digital downloads, (c) any claim for the loss of any "value" of any Virtual Currency, Virtual Items, or digital downloads arising out of and/or related to any acts or omissions of DofDD, our affiliates, our service providers, and/or our licensors and suppliers which is/are permitted under the DofDD Terms of Service and/or any other DofDD policy, and/or (d) any claim that the "value" of any Virtual Currency, Virtual Items, or digital downloads has diminished as a result of any modification that DofDD, our affiliates, our service providers, and/or our licensors made to any DofDD Game(s) or Services.

7. SALES POLICY

You must be at least 18 years old (or the age of legal majority where you live) to make a purchase. If you are 13 years of age or older and under the age of 18, you must have your parent or guardian submit the payment information and authorize the transaction on your behalf. By submitting your payment information and making a purchase, you declare that you own the credit or debit account being used to submit the payment. By submitting your payment information and making a purchase, you agree to pay all applicable transaction costs including sales taxes, credit card fees, mobile carrier fees, etc. DofDD accepts many methods of payment, including credit cards, gift cards, etc. DofDD reserves the right to add or remove any method of payment at any time in its sole and absolute discretion.

DofDD does not ensure continuous or error-free access or availability of any DofDD Game(s) or Services. DofDD is constantly changing the DofDD Games and Services and may, in its sole and absolute discretion, add, modify, disable, suspend, and/or remove any DofDD Game(s) or Services, any portion thereof, including, without limitation, any computer code, games, characters, character names, storylines, titles, dialogue, catch phrases, digital downloads, Virtual Items, Virtual Currency, themes, objects, environments, artwork, maps, locations, likenesses, poses, models, textures, costumes, logos, emblems, powers, badges, achievements, sounds, voiceovers, musical compositions, concepts, animations, special effects, methods of operation, documentation, in-game chat transcripts, character profile information, video files, game engines, launch pads, and client and server-side software, data, information, materials and other assets contained therein ("DofDD Assets"). Under no circumstance will DofDD be liable for any claim that relates to or arises out of any such change that it makes to any DofDD Assets. DofDD may suspend, discontinue and/or terminate any DofDD Game(s) or Services and/or DofDD Asset at any time in its sole and absolute discretion. If and when DofDD ends a DofDD Game, the Virtual Items that you have acquired in any DofDD Game(s) will no longer be available. Any Virtual Currency remaining in your account for such DofDD Game(s) will still be available for use in other DofDD Games (where applicable). No refunds will be made for purchases of Subscriptions, digital downloads, Virtual Items or Virtual Currency.

If you wish to purchase any Subscriptions, Virtual Currency, Virtual Items, digital downloads, DofDD Games, services, or physical items (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any payment method(s) utilized in connection with any Transaction. You agree to pay all fees, payments and applicable taxes relating to the Transaction. By submitting such information, you grant DofDD the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgement or completion of any Transaction.

DofDD is not liable for shipping times, and makes no guarantee on delivery dates for purchases of physical items. Physical purchases will be processed and submitted to carriers for delivery within five (5) days. Custom-made items may require additional processing time.

8. RETURN POLICY

In the event that you have purchased any physical goods from DofDD, you may return such goods to us within thirty (30) days of delivery for a full refund, less shipping and handling charges. In order to be eligible for refund, items (a) must not have been worn, (b) must be in the same condition in which they were shipped, and (c) must include all parts and pieces. Prior to returning any such goods, please send an email to support@dofddesign.com to request a return authorization. Refunds will be issued to the same payment method used for purchase.
Lost, stolen or damaged items are not eligible for refunds.
Digital downloads, Virtual Items, Virtual Currency and Subscriptions are not eligible for refunds.

9. PRODUCTS OR SERVICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

10. BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

11. RULES OF CONDUCT

While using any DofDD Game(s) or services, you agree to comply with all applicable laws, rules and regulations, and to respect the rights and dignity of others. Further, your access to and use of the DofDD Games and Services is conditioned on your complete and continued compliance with the following rules of conduct. The violation of any of these Rules of Conduct may lead to the suspension and/or termination of your account.

While playing, streaming, or otherwise using the DofDD Games and Services, you agree not to:

REPORTING

If you encounter content in any of the DofDD Games or Services that you feel has violated the Terms of Service or Rules of Conduct, you have the ability to send a report to us for review. Reports can be made by clicking the 3 Dots icon on the content and selecting the Report option. Follow the steps described on the window that appears. You can also choose to include a written description of why you're sending the report. Please note that abuse of the report feature is a violation of the Terms of Service.

After you've filed a report, you will receive a confirmation email that the report was received. If action was taken on the account you reported, you will also receive an email confirming that action was taken. We will not disclose details about the specific enforcement action taken on the report.

ENFORCEMENT

When content is reported to us and/or we determine violation(s) of the Rules of Conduct have occurred, we will evaluate the intent and context of the behavior in question, as well as the potential for harm to the community, legal obligations and more. We may choose to issue enforcements against the offending account. We will then issue email notifications to the account holder of the violation(s) and resulting enforcements.
Enforcements may consist of warnings, account suspension or termination, loss of privileges to website or game features, termination of your ability to monetize content in our Services, termination or limitation of your access to our API, termination of Fansite License Agreement(s), as well as other measures without limitation.

APPEALS

If your account has received enforcements for Rules of Conduct violation(s) and you believe that you have not violated the Rules of Conduct or would like to apologize and ask for forgiveness for violations, you may submit an appeal.
We reserve the right to review and consider appeals, at our sole and absolute discretion.

Appeals to reinstate accounts can be submitted at https://www.dofddesign.com/account/appeals.

When an appeal is received, we may review them in the order in which they are received, and we make no guarantee that enforcements will be overturned. You may only submit one (1) appeal per instance of enforcement. Appeals will not be considered for accounts that have been suspended/terminated and reinstated more than 3 times.
When your appeal has been reviewed, we will notify you by email with our decision and the status of your account.

12. CHEATING

We strive to maintain the integrity of the games we provide. When players obtain an unfair advantage by cheating or exploiting bugs, it can diminish the quality of other players' experience. As such, you may not disassemble, reverse engineer, or modify any DofDD Game(s) software in any way. You may not decrypt or modify any data transmitted between the game software and DofDD's servers. You may not develop, share, or use any software, program, macro, or interface that modifies the game play in any way or that gives a user any kind of advantage over other users, except as expressly authorized by DofDD. All forms and methods of cheating, including hacks, bots, aimbots, and duping are expressly forbidden. The sale or exchange of accounts, Virtual Items, Virtual Currency, or in-game currency for real-world money or monetary value is prohibited, except when purchased from DofDD or otherwise expressly permitted by DofDD in its sole and absolute discretion. DofDD reserves the right to suspend or permanently terminate the account of, and restrict access to the DofDD Games by, any end user that engages in any form of cheating, or that attempts in any way to disable, circumvent, or tamper with any anti-hacking or anti-cheating components or features of any DofDD Game(s).

13. COMMENTS, FEEDBACK AND SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send comments, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

By posting, transmitting or otherwise submitting any Comment or other message, photograph, artwork, video asset, audio asset, audiovisual asset, or other content, information and/or materials (each, a "Submission"), through any DofDD Game(s) or Services, you hereby grant DofDD a worldwide, non-exclusive, transferable, sublicensable (through multiple tiers), royalty-free, fully-paid up, perpetual, irrevocable right and license to use, reproduce, distribute, display and perform (whether publicly or otherwise), adapt (including, without limitation, the rights to edit, modify translate, and reformat), create derivative works of, transmit, make, have made, sell, offer to sell, import and otherwise use and exploit (and have others exercise such rights on behalf of DofDD) any and all Submissions, for any purpose whatsoever, commercial or otherwise, in any media now known or hereafter developed, without compensation or credit. To the extent permitted by applicable laws, you also give up any claim that any use by DofDD of the Submissions violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set forth therein.

For each Submission, you represent and warrant that you have all rights necessary for you to grant the license granted in this section, and that such Submission, and your provision thereof to and through any DofDD Game(s) and Services complies with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory as well as any and all other claims that any use of the Submissions by or on behalf of DofDD violates any of your other rights, including but not limited to, privacy, publicity, proprietary, intellectual property and/or other rights. For purposes of clarity, you retain all other intellectual property rights that you may have in your Submissions, subject to the license and rights granted in this section.

You acknowledge and agree that, subject to the DofDD Privacy Policy, we reserve the right (but have no obligation) to do any or all of the following, at our sole and absolute discretion: (i) monitor Submissions and all other use thereof; (ii) monitor the play and use of any DofDD Game(s) and Services; (iii) alter, remove, or refuse to post or allow to be posted any Submission(s); and/or (iv) disclose any Submission(s) (and the circumstances surrounding their transmission) and any information regarding your use of any DofDD Game(s) and Services to any third party (including our customers) in order to operate any DofDD Game(s) or Services; to protect DofDD, our affiliates, our service providers and licensors, and ours and theirs shareholders, directors, officers, employees, agents, representatives, customer and end users; to comply with legal obligations or governmental requests; to enforce the DofDD Terms of Service; or to engage in any other business activity. DofDD will also have the right, subject to the DofDD Privacy Policy, to extract, compile, synthesize, analyze, use and disclose any Submission(s) (by itself or together with data and information of others) for the purpose of operating any DofDD Game(s) or Services, improving, enhancing and modifying our services and products, providing customized services or technologies to you, developing new services or products, and/or any other lawful business purpose without further disclosure or accounting to you.

We may ask end users for ideas, suggestions, input, recommendations, information, comments and/or feedback (collectively, "Feedback") to help improve the DofDD Game(s). We may also ask for Feedback during the "beta" phase of any DofDD Game to identify and fix bugs and other problems. You also may voluntarily provide Feedback to us through forums, email, social media sites and/or other means. By providing Feedback to DofDD, whether solicited by DofDD or not, you hereby grant DofDD a worldwide, non-exclusive, transferable, sublicensable (through multiple tiers), royalty-free, fully-paid up, perpetual, irrevocable right and license to use, reproduce, distribute, display and perform (whether publicly or otherwise), adapt (including, without limitation, the rights to edit, modify translate, and reformat), create derivative works of, transmit, make, have made, sell, offer to sell, import and otherwise use and exploit (and have others exercise such rights on behalf of DofDD) any and all Feedback, for any purpose whatsoever, commercial or otherwise, in any media now known or hereafter developed, without compensation or credit. To the extent permitted by applicable laws, you also give up any claim that any use by DofDD of the Feedback violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set forth therein.

14. DATA COLLECTION

We may collect certain information about your computer, such as the IP address, type of video card, size of hard drive, etc., and monitor the software and data on your computer, as reasonably necessary to assist us in optimizing the performance of our games and websites. We may also monitor the processes on your computer as reasonably necessary to detect unauthorized modifications to our game software and/or the use of software that enables or facilitates any kind of cheating.

15. PROPRIETARY RIGHTS AND LICENSE

DofDD and its licensors own all rights, title and interest in and to the DofDD Games and Services. DofDD and its licensors are the sole and exclusive owner of all intellectual property rights, including, without limitation, all copyrights, trademarks, patent rights, trade secret rights, know-how, and other rights ("Intellectual Property") in the DofDD Games and Services. The DofDD Games and Services are subject to copyright and trademark protections, as detailed in our Legal and Copyright Notices, available here.

All trademarks and service marks in the DofDD Games and Services that are not owned by us are the property of their respective owners. Except as expressly set forth in these Terms, you may not use our trade names, trademarks or service marks. Additionally, you shall not, under any circumstances, use our trade names, trademarks or service marks in connection with any product or service that is not our product or service, or in any manner that is likely to cause confusion.

The DofDD Games are licensed, not sold, to end users. Subject to your acceptance of and continued compliance with all the terms and conditions of the DofDD Terms of Service and DofDD End User License Agreement, during the period of time that you have an account for any DofDD Game(s) or for a shorter period of time (as determined by DofDD), DofDD grants you a limited, personal, non-transferable, non-sublicensable, revocable, non-exclusive right to load the client-side software of such DofDD Game(s) solely in the format made available to you by DofDD onto your personal computer, console, or other permitted device; provided that your installation of, access to and play of any DofDD Game(s) are solely for your personal, non-commercial use and in accordance with each of the restrictions and limitations set forth in the DofDD Terms of Service and DofDD End User License Agreement. The client-side software may not be reproduced, transferred, distributed, sold, disassembled, reverse engineered, modified, used as a stand-alone game (without connecting to DofDD's game servers), or used in connection with non-DofDD game servers. If you fail to comply with any of the terms or conditions set forth in the DofDD Terms of Service and/or the DofDD End User License Agreement, the DofDD Terms of Service and DofDD End User License Agreement (including, without limitation, the grant of permission to play any DofDD Game(s)) will automatically terminate, whereupon you will immediately (y) cease using any DofDD Game(s); and (z) remove (i.e., uninstall and delete) the DofDD software from your computer system.

16. RESTRICTIONS

You are solely responsible for any violation of any applicable laws that results from your failure to abide by the DofDD Terms of Use and/or DofDD End User License Agreement. You hereby agree not to (a) rent, lease, timeshare, license, distribute, sublicense or otherwise transfer any DofDD Game(s), in whole or in part, as a standalone product, in conjunction with other products, or otherwise; (b) make copies of the DofDD Games, in whole or in part, except as necessary to install any DofDD Game(s) in accordance with the DofDD Terms of Use; (c) reverse engineer, decompile or disassemble any DofDD Game(s), in whole or in part; (d) create derivative works of or from any DofDD Game(s), in whole or in part; (e) incorporate any DofDD Game(s), in whole or in part, into any product or service; (f) use any DofDD Game(s), in whole or in part, for commercial purposes, except as expressly permitted herein and (g) remove, alter or obscure any copyright, trademark, trade name or other proprietary notices, legends, symbols or labels that appear in any DofDD Game(s), in whole or in part. All rights not expressly granted to you hereunder are reserved to DofDD and DofDD's licensors.

17. USER-GENERATED CONTENT

We encourage end users to increase their engagement with the DofDD Games and Services and share their experiences by creating content-related videos, fan fiction, artwork and apps for others to view, use and enjoy (collectively, "User-Generated Content" or "UGC"). Your creation and use of UGC must comply with the following guidelines:

DofDD reserves all right, title and interest in and to the DofDD Game Assets that are not expressly granted in this section. You shall not rent, lease, reproduce, modify, translate or create derivative works of any DofDD Game Asset(s) except as expressly permitted herein, nor create any derivative works (including, without limitation, fiction or visual art) from, or in any way exploit, any of the characters or content contained in any DofDD Game(s) without the express written permission of DofDD. DofDD does not consent to the protection under the copyright law of any unauthorized derivative work. The creation and sale of merchandise based on any DofDD Game(s) is expressly prohibited.

18. COPYRIGHT INFRINGEMENT CLAIMS

We respect the intellectual property rights of others and request that our end users do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that materials in any DofDD Game(s) infringe your copyrighted work, please send a notice to our copyright agent (identified below) with the following information requesting that such materials be removed or access to it blocked: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works incorporated in any DofDD Game(s) are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow DofDD to locate the material on the applicable DofDD Game(s); (d) the name, address, telephone number and email address (if available) of the complaining party; (e) 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 (f) 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send DofDD a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Such notices and counter-notices should be sent to:
Among other things, DofDD reserves the right to terminate the account of any person who, more than twice, posts or transmits content that is removed as the result of a notice under this section.

19. OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

20. THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

21. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

22. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

23. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Developments of Discerned Design LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

24. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Developments of Discerned Design LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

25. SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

26. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

27. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

28. GOVERNING LAW; JURISDICTION

The validity, construction, interpretation and legal effect of this DofDD Terms of Service shall be construed in accordance with and governed by the judicial decisions and internal laws of the State of Kansas and the United States of America, without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of Kansas and the United States of America. Subject to the below provisions, (a) you and DofDD agree that any controversy, claim or dispute arising out of or relating to this DofDD Terms of Service or any aspect of the relationship between you and DofDD (each, a "Dispute") asserted by you against DofDD or by DofDD against you shall be exclusively brought in a state or federal court in the District of Kansas, and (b) you and DofDD each submit and consent to the personal jurisdiction of, and venue in, the state and federal courts located in the District of Kansas.

29. DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER

30. CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT US

Questions about the Terms of Service should be sent to us at legal@dofddesign.com.



Last Updated : July 6, 2024