DARK TABLE EULA
IF YOU LIVE IN (OR ARE A BUSINESS WITH A PRINCIPAL PLACE OF BUSINESS IN) THE UNITED STATES, PLEASE READ THE “BINDING ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW. IT AFFECTS HOW DISPUTES ARE RESOLVED.
In order to protect Dark Table (our "Game") and the members of our community, this end user license agreement (“EULA”) sets forth license terms, including your rights and restrictions, for purchasing and using our Game. This license is a legal agreement between you and us (“Doonamai”). If you do not comply with these terms, we may stop you from using our Game, and if we think it is necessary, we might even have to ask our lawyers to get involved.
You must be and hereby affirm that you are an adult of the legal age of majority in your country and state of residence. If you are under the legal age of majority, your parent or legal guardian must consent to this agreement. Subject to the laws of your country of residence, minor children may utilize an Account established or play a Game installed by their parent or legal guardian upon the parent/guardian’s acceptance of this Agreement. In the event that you permit your minor child to use an Account or the Platform, you hereby agree to this Agreement on behalf of yourself and your child, and you understand and agree that you will be responsible for all uses of the Account or the Platform by your child whether or not any particular use was authorized by you.
FIRST MAJOR RULE
The one major rule is that you must not distribute the Game or anything we've made unless we specifically agree to it. Your use of the Platform is licensed, not sold, to you, and you hereby acknowledge that no title or ownership with respect to the Platform or the Game is being transferred or assigned and this Agreement should not be construed as a sale of any rights.
“Distribute anything we've made" means:
• Give copies of our Game to anyone else;
• Make commercial use of anything we've made;
• Try to make money from anything we've made; or
• Let other people get access to anything we've made in a way that is unfair or unreasonable.
Commercial use means to sell, license, lease, make available, or transfer for profit-making or income-generating purposes. Unless we specifically agree to it, and so that we are crystal clear, the “Game" or "what we have made" includes, but is not limited to, the client or the server software for our Game on all platforms. It also includes updates, patches, downloadable content, add-ons, or modified versions of the Game, part of those things, or anything else we've made.
USING THE GAME
You have been granted a license to the Game so you can play and use it, yourself, on your device. Essentially, the simple rule is do not make commercial use of anything we've made unless we've specifically said it's okay.
When you buy our Game, you receive a license that gives you permission to install the Game on your own personal device. You can use and play it on that device as set out in this EULA. This permission is personal to you, so you are not allowed to distribute the Game, or any part of it, to anyone else. You are not buying the game itself; we are still the owners of the Game. This also means you cannot sell or rent the Game or make it available for access to other people. Additionally, you cannot pass on nor resell any license keys. This is important to help us protect our Game from piracy and fraud. It is also important to prevent members of our community from buying pirated versions of our Game or fraudulent license keys, which we may cancel in the case of fraud, for example.
SUBJECT TO APPLICABLE LAW, when you get a copy of our Game, we provide it "'as is"'. Updates are also provided "'as is"'. This means that we are not making any promises, warranties, guarantees, or conditions to you about the standard or quality of our Game or related updates, or that our Game will be uninterrupted or error free. We are not responsible for any loss or damage that it may cause. You bear the entire risk of using the Game or updates as to its quality and performance. You must accept that we may release games well before they are complete and so they may (and often will) have bugs, but we prefer to release these features earlier than to make you wait for perfection.
We might make upgrades, updates, or patches available from time to time, but we don't have to. We are also not obliged to provide ongoing support or maintenance of the Game. Of course, we hope to continue to release new updates for our Game, we just can't guarantee that we will do so. With updates come changes that might not work well with other software, such as Mods. This is unfortunate, but it is something we don’t take responsibility for. If that is the case, try running an older version.
The license and permission we grant you to use and play our Game can be revoked if you break any of the terms of this EULA.
IN-GAME CURRENCY
The Game allows you to earn an in-game currency called “Gold.” Gold balance can only be used to obtain certain products and services offered. Gold has no cash value. Doonamai grants you a limited license to acquire, use, and redeem Gold pursuant to the terms of this Agreement. Gold balance is non-transferable to another person or Account, does not accrue interest, is not insured by the Federal Deposit Insurance Corporation (FDIC), and, is not redeemable or refundable for any sum of money, monetary value, or anything of value, from Doonamai at any time. The Gold balance does not have an equivalent value in real currency and does not act as a substitute for real currency. You acknowledge and agree that we may revise or take action that impacts the perceived value or purchase price of the Gold balance at any time. The Gold balance may terminate in accordance with the terms and conditions of this Agreement, when we cease providing the Software, or this Agreement is otherwise terminated. Gold balance does not constitute or confer upon you any personal property right. Gold balance is not a bank account.
You are solely responsible for verifying that the proper amount of Gold has been added to or deducted from your Gold balance. Sales tax may apply to your redemption of Gold balance for products or services purchased through the Platform in some jurisdictions. The amount of tax charged depends upon many factors, including the type of product or service purchased. You are responsible for all uses of your Gold balance. If you suspect that your Gold balance has been compromised, you should contact Doonamai so that it can be investigated. Doonamai reserves the right to reduce, liquidate, deactivate, suspend or terminate your Gold balance, or other Platform features if Doonamai determines, in its sole discretion, after investigation, that you have violated this Agreement.
PRIVACY/DATA COLLECTION
Doonamai is committed to protecting your privacy and the confidentiality of your personal information.
1. Doonamai may collect personal information about you when you use the Software, such as your name, email address, and IP address. Doonamai may also collect information about your device, such as its operating system and hardware specifications. Doonamai may collect this information through the use of cookies and other tracking technologies.
2. Doonamai may use your personal information for a number of purposes, including to provide you with access to the Software, to communicate with you, to improve the Software and other products and services, and for research and development purposes. Doonamai may also use your personal information for marketing and advertising purposes, such as to send you promotional materials or to display targeted ads.
3. Doonamai may share your personal information with third parties for a variety of reasons, including to provide the Software and other products and services to you, to fulfill your requests, and to comply with legal requirements. Doonamai may also share your personal information with third party service providers who assist in providing the Software and other products and services.
4. You have the right to access, rectify, erase, restrict, and object to the processing of your personal information, as well as the right to data portability. You also have the right to withdraw your consent to the processing of your personal information at any time. You can exercise these rights by contacting Doonamai.
5. Doonamai shall have the right to monitor and/or record your communications when you use the Game, and you acknowledge and agree that when you use the Game, you have no expectation that your communications will be private. Doonamai shall have the right to disclose your communications for any reason, including: (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this Agreement or any other Doonamai policy; (c) to protect Doonamai legal rights and remedies; (d) to protect the health or safety of anyone that Doonamai believes may be threatened; or (e) to report a crime or other offensive behavior.
6. Doonamai may update this privacy policy from time to time. Any changes will be posted on our website and will be effective upon posting. You are encouraged to review this privacy policy regularly
7. See www.darktableccg.com/privacy-policy for more information and the full privacy policy.
INTELLECTUAL PROPERTY PROTECTION
The Game and all of its components, including but not limited to its code, graphics, animations, audio, and text (collectively, the "Content"), are protected by copyright, trademark, and other intellectual property laws. Doonamai owns all rights, titles, and interests in the Game and its Content, including but not limited to all patent, copyright, trade secret, trademark, and moral rights. You may not copy, reproduce, distribute, or create derivative works from the Game or its Content without the express written permission of Doonamai. You may not reverse engineer, decompile, or disassemble the Game or its Content, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Game or its Content. You may not remove or alter any proprietary notices or labels on the Game or its Content
DISCLAIMER OF WARRANTIES
The Game is licensed “as is.” YOU bear the risk of using it. Doonamai gives no express warranties, guarantees, or conditions. Doonamai hereby disclaims all warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Doonamai does not warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free.
LIMITATION OF LIABILITY
In no event shall Doonamai be liable for any damages arising out of or related to this EULA or the use of the Game, including, but not limited to, direct, indirect, incidental, special, consequential, or punitive damages, whether based on contract, tort, or any other legal theory. This includes, but is not limited to, damages to your computer or other equipment, damages for loss of data or profit, or damages for personal injury.
DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY
This Agreement is governed by the Federal Arbitration Act (FAA) and federal arbitration law. To the fullest extent allowed by applicable law, you and Doonamai agree to submit all Disputes between us to individual, binding arbitration, and not to sue in Court in front of a Judge or Jury. Instead, a neutral arbitrator will decide. A “Dispute” means any dispute, claim, or controversy (except those specifically exempted below) between you and Doonamai that relates to any aspect of our relationship, including, without limitation, your use or attempted use of the Game, and all marketing related to them and all matters arising under this EULA. A Dispute shall be subject to binding, individual arbitration regardless of whether it is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. This includes claims that accrued before you entered into this Agreement. You understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited.
INFORMAL NEGOTIATION PERIOD. In an effort to accelerate resolution and reduce the cost of any Dispute related to, or arising out of, this EULA, you and Doonamai agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before either party initiates any arbitration. If a Dispute cannot be resolved through negotiations, either you or Doonamai may elect to have the Dispute finally and exclusively resolved by binding arbitration.
Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed; nor is combining individual proceedings without the consent of all parties.
APPLICABLE LAW AND PLACE TO RESOLVE NON-ARBITRATABLE DISPUTES
If you acquired the software in the United States, the laws of the state where you live (or, if a business, where your principal place of business is located) govern the interpretation of this agreement, claims for its breach, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of laws principles, except that the FAA governs everything related to arbitration. If you acquired the software in any other country, its laws apply, except that the FAA governs everything related to arbitration. If U.S. federal jurisdiction exists, you and Doonamai consent to exclusive jurisdiction and venue in the federal court in Pima County, Arizona for all disputes heard in court (excluding arbitration). If not, you and Doonamai consent to exclusive jurisdiction and venue in the Superior Court of Pima County, Arizona for all disputes heard in court (excluding arbitration).
ENTIRE AGREEMENT
If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect. This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.