Last Updated: Apr 12, 2018.
THIS TERMS AND CONDITIONS CONTAINS IMPORTANT INFO RELATED TO THE WAIVER OF CLASS ACTIONS. PLEASE READ THE TERMS AND CONDITIONS CAREFULLY, INCLUDING THE "CLASS ACTION WAIVER" SECTION.
This Terms of Service Agreement (the "Agreement") is an agreement between you ("you" or the "User") and Dunwich Ltd. ("Company", "us", "we"). The agreement covers the use of the Company's web sites, Facebook and mobile applications ("Services"). By accessing the Services you are agreeing to be bound by the current version of the Terms of Service Agreement, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.
PLEASE DON'T USE THE SERVICES IN CASE YOU DON'T AGREE TO ANY OF THE THE TERMS OF THIS AGREEMENT!
2. Right to Change
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Agreement or the Services with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any Service.The last updated date of the Agreement is defined at the top of this document. Some features of the Services (including, but not limiting to Payments) may have their own guidelines, rules and agreements. All such guidelines, rules and agreements are considered as part of these Agreement.
3. Intellectual Property.
You acknowledge that all materials in the Services, including the design, texts, art and sounds, software and other files and the selection and arrangement thereof (collectively, "Materials"), are the property of Company or its licensors, and are subject to and protected by US and international copyright and other intellectual property laws and rights. You are allowed to use the Materials solely for personal, non-commercial use according to all the terms of this Agreement. You shall not copy, distribute, perform reverse engineering, disassemble, debug, publish, modify, sell, transmit, transfer, reproduce, create derivative works from or based upon, link, or in any other way exploit any of the Materials, in whole or in part, without prior written permission from the Company. Company will strictly enforce its intellectual property rights to the fullest extent permitted by law.
The Services may contain links to the third-party web sites, which are not controlled by Company. If you follow links, you agree that the Company is not responsible for any content, services, payments or goods provided by the third-party web sites. The usage of the third-party web sites may or may not cause leaving the Services.
5. In-game currency and Virtual Goods
The Service may include an opportunity to purchase virtual, in-game currency ("Credits") or any other virtual googs that may require you to pay real money fee to obtain the Credits. Both Credits and Virtual Goods HAVE NO VALUE (MONETARY OR OTHERWISE), can be used in game only and can never be redeemed for real money, or any other item of monetary value.
Your purchase of Credits and/or Virtual Goods is final and is not refundable, exchangeable, transferable, except in Company's sole discretion. You may not purchase, sell, or exchange Credits or Virtual Goods outside the Service. Doing so is a violation of the Terms and may result in termination of your account with the Service and/or legal action.
Company retains the right to control, manage, modify, and/or eliminate Credits and/or Virtual Goods at its sole discretion. Prices and availability of Credits Virtual Goods are subject to change without notice.
Virtual Goods and Credits are purchased via the external payment service providers (i.e Facebook Payments Service, Google Play, Apple App Store, Amazon App Store) and can't be purchased directly from Company. For avoidance of any doubt, Company does not deal directly with any payment issues, does not collect any bank account or credit card details from users, and does not have any access to such information. In addition, you hereby acknowledge that Company shall not be required to pay any taxes (such as withholding taxes, VAT, etc.) in connection with payments made by you via Third-Party Payment Services.
7. Disclaimer of warranty
You agree your use of the Services is be at your sole risk. You understand and agree that the Services and the Materials are provided on "as is" and "as available" basis. To the fullest extent permitted by law, Company, its subsidiaries, affiliates, officers, directors, employees, and agents disclaim all warranties, express or implies, in connection with the Services and Materials and your use thereof including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness.
The Company makes no warranties or representations about the accuracy or completeness of the content of the Service and of the content of any sites linked to the Service;
The Company assumes no liability or responsibility for any
(i) errors, mistakes, or inaccuracies of content;
(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service;
(iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
(iv) any interruption or cessation of transmission to or from the Service;
(v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service by any third party, and/or
(vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.
8. CLASS ACTION WAIVER
YOU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR AND ITS INDIVIDUAL CAPACITY. CLASS ACTIONS, CLASS ARBITRATIONS, COMBINING INDIVIDUAL PROCEEDINGS, PRIVATE ATTORNEY-GENERATED ACTIONS OR OTHER REPRESENTATIVE ACTION OR PROCEEDING AGAINST COMPANY ARE NOT ALLOWED. BOTH YOU AND COMPANY ARE MUTUALLY WAIVING APPROPRIATE RIGHTS TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
10. Contact Information
If you have any comments, questions or complaints regarding this Agreement, or wish to report us any violation of it, please contact us at firstname.lastname@example.org.