Terms of Use – Dragons and Titans

Welcome to the Dragons and Titans website (the “Site”). These Terms of Use (“Terms”) govern your use of this Site, its contents, and the use of any online or mobile product or service that is accessed through this Site. The terms “we”, “us”, “our”, and “Versus Evil” refer to Versus Evil LLC, the administrator of the Site and the authorized distributor and licensee of the Dragons and Titans video game. The term “Wyrmbyte,” refers to Wyrmbyte LLC.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR PARTICIPATING ON ANY BLOG, SITE, OR PRODUCT PROMOTION, OR ANY SERVICE OFFERED ON THE HTTP://WWW.DRAGONSANDTITANS.COM WEBSITE.

BY USING THE SITE, YOU AGREE TO BE BOUND BY AND TO FULLY COMPLY WITH THESE TERMS AND OUR PRIVACY POLICY. YOU FURTHER AGREE TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE PROMPTLY EXIT THE SITE.

WE RESERVE THE RIGHT TO MODIFY THESE TERMS AT ANY TIME AND WILL PUBLISH NOTICE OF EACH SUCH MODIFICATION ONLINE AT THIS SITE OR ELSEWHERE ONLINE. BY CONTINUING TO ACCESS THE SITE AFTER NOTICE OF ANY SUCH MODIFICATIONS, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS.

Age of Users

Children under the age of 13 may not use any services offered on or through this Site, and parents or legal guardians may not agree to these Terms on their behalf. If we become aware that a child under 13 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files.

If you are under the age of 18 but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.

Registration

You must register on this Site in order to use certain Site functions. If you just want to browse this Site, registration is not required.

During registration, you will be required to provide contact information, consisting of your date of birth, email address, username and password. You can select any username you may prefer, except that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. You may, but are not obligated to, use your own name. If you do use your own name, you consent to it being passed to others through certain Site functions, including a Site blog, if provided. We also reserve the right to reject or remove any username.

For certain Site functions, such as the purchase of products and services, you may be required to provide your name, address and billing and credit card information. You are required to provide accurate and complete information.

Non-Commercial Use

This Site and its contents are for your personal, lawful non-commercial use only.

Privacy

Personal information that you supply to us, along with any information about your use of the Site that we obtain, will be subject to our Privacy Policy. Your use of this Site signifies your continuing consent to this our privacy terms, which you can examine at any time by clicking on the “Privacy” links provided on the Site.

Changes to our Content and Terms of Use

We may discontinue or change any content, service, function, or feature at any time with or without notice. We may also change the Terms at any time. You can review the most current version of the Terms by clicking on the Site’s “Terms of Use” link, which appears at the bottom of our home page at http://www.dragonsandtitans/TERMS OF USE. If you continue to use this Site after we make changes to our Terms, you are signifying your acceptance of the new terms. You are responsible for checking these terms periodically for any changes.

Proper Use of This Site

When you make comments on the Site, contact us through email, participate in a product promotion, or otherwise participate in any Site social or communication function, you agree at all times to comply with our Community Guidelines as provided below. You may use this Site for lawful purposes only and only in ways consistent with the law.

You may not use any program, spider or “bot” to gather or “harvest” information from this Site.

Community Guidelines

Your use of the Site and the resources we make available to you are subject to guidelines designed to create a positive experience for all Site users. You will violate these Terms of Use if you:

  • Post or email content that defames or threatens others, makes harassing statements, violates federal or state law, discusses illegal activities with the intent to commit them, infringes the intellectual property rights of others, contains obscene (i.e. pornographic) language or images, is bullying, or is otherwise unlawful, abusive, belligerent, slanderous, racist, or highly offensive or hateful to others.
  • Supply information that to the best of your knowledge is not true.
  • Disclose the name, address, or other personal information of any third party without that person’s express permission.
  • Are under the age of 13 and attempt to register on this Site or use any functionality for which registration is required. (If you are over the age of 13, you agree not to permit or encourage any violation of this rule.)
  • Use or attempt to use the Site and its resources for unlawful purposes. (You agree never to post or exchange content, data, or files that infringes any third party copyright, trademark, or other proprietary rights.)
  • Share unauthorized copyrighted content through the Site.
  • Circumvent or attempt to circumvent any Site protections and safeguards, (You agree never to use the Site’s functionality for unauthorized mail or messages or any form of “spamming.”)
  • Engage in disruptive behavior, behavior that interferes with the normal flow of any gameplay or dialogue on the Site, is commercial in nature or can be construed as a solicitation, or posts repetitive text.
  • Upload files that contain viruses, worms, spyware, time bombs, corrupted data, or software that does or may damage, interfere with, or disrupt the Site or our services.
  • Interfere with another person’s enjoyment of the Site or any of the services or resources we offer.
  • Exploit bugs, undocumented features, trap doors, design errors, or problems inherent with the Site or its design, including any resources offered through the Site.

Intellectual Property Rights

“Content” on the Site may include without limitation software, text, forum posts, chat postings, messages, links, music, sound, pictures, videos, graphics and audio-visual works, and the design and appearance of the Site. We reserve all intellectual property rights in all Content that we supply on the Site. In consideration for your agreement to the terms and conditions contained herein, we grant you a personal, non-exclusive, non-transferable license to access and use the Site. You may download material from the Site only for your own personal, non-commercial use.

Unless expressly authorized by us, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, decompile, disassemble, reverse engineer, or otherwise make unauthorized use of Site Content. The Versus Evil logo, Wyrmbyte logo, and each of their trade names, service names, branding, and graphic elements are trademarks of Versus Evil or Wyrmbyte respectively, and nothing contained on the Site should be understood as granting you a license to use any trademark, trade name, service mark, or logo owned by Versus Evil, Wyrmbyte, or any third party. Use, reproduction, copying, or redistribution of trademarks, without our written permission is prohibited. All other trademarks or service marks appearing on the Site are the marks of their respective owners.

Statements and Notices

You agree that we may provide you electronic notices and other information concerning other Versus Evil products and information regarding this Site, including notice to any email address that you may provide.

Content You Supply

We may allow you to supply content for the Site or its functions that can be accessed and viewed by others. You agree not to post any content that violates these Terms, any applicable EULA, or the Community Guidelines. Content that violates any applicable rule may be removed.

If you post any content on any public area of the Site, you grant us and our affiliates the perpetual sublicensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote this content in any way and in any commercial or non-commercial medium or form without charge.

No Duty to Monitor

You agree we are not liable for content that is provided by others, nor do we have a duty to screen content that you may supply or post. We also have the right to refuse to post or edit submitted content, and we reserve the right to remove any content for any reason at any time.

Third Party Sites

We may include on the Site hyperlinks to websites controlled by third parties. You agree that we are not responsible or liable for any content or claims or other materials on third party sites. We are not responsible for any transactions or dealings between you and any third party. You agree we are not responsible for any claim or loss due to a third party site.

Disclaimer of Warranties

We provide this Site and its contents “AS IS” and make no express warranties or guarantees. TO THE EXTENT PERMITTED BY LAW, VERSUS EVIL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPNENTS, OR THAT THE SITE WILL BE RELIABLE OR OPERATE WITHOUT INTERRUPTION.

Limitation of Liability

YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS, OR TO YOUR (OR ANY THIRD PARTY’S) USE OR INABILITY TO USE THE SITE, OR TO YOUR PLACEMENT OF CONTENT ON THE SITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE. WE ARE NOT LIABLE TO YOU OR TO ANYONE CLAIMING LIABLITY ON YOUR BEHALF FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE THE SITE, OR ANY PURCHASES MADE ON OR THROUGH THIS SITE, OR YOUR PLACEMENT OF CONTENT ON THE SITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY, OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY.

We do not make any representation regarding your ability to transmit and receive information from or through the Site, and you agree that your ability to access the Site may be impaired. Versus Evil disclaims any and all liability resulting from or related to such events.

Indemnification

You agree to defend, indemnify, and hold harmless Versus Evil and our affiliates, including their respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

International Use

We make no representation that content on this Site is appropriate or available for use in locations outside the United States. If you choose to access this Site from a location outside the United States, you do so on your own initiative and you are responsible for compliance with local laws.

Choice of Law and Location for Resolving Disputes

You agree that the laws of the state of Texas, in the United States of America, and United States federal law govern these Terms of Use, its subject matter, your use of this Site, any content posted on the site, and the republication thereof, and any claim or dispute that you may have against us without regard to its conflict of laws rules. You further consent to the personal jurisdiction of and the exclusive venue in the federal and state courts located in and serving Travis County, Texas.

BY AGREEING TO THESE TERMS, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST VERSUS EVIL BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE STATE OR FEDERAL COURTS IN THE STATE OF TEXAS OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

Required Negotiations and Notice of Dispute.

You agree that in the event of a dispute with us or our affiliates or partners, you will make a good faith attempt to resolve the dispute informally for at least 30 days before initiating arbitration (as provided below). This informal negotiation shall commence upon receipt of written notice from you as provided herein, provided also that your notice includes your full name and address (as the complaining party), the nature and basis of your claim or dispute sufficiently detailed, and the specific relief you seek. You agree to send this notice via certified mail, return receipt, to Dan Rogers, Attorney at Law, P.O. Box 1233, Oakhurst, CA 93614.

Binding Arbitration

You agree that any disputes or claims that you may have against us (except as stated below) shall be finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available that the AAA website www.adr.org. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of the arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, and will provide a statement of reasons if requested by a party. Except as otherwise provided in these Terms of Use, you or we may litigate in court to compel arbitration, stay any proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE THE RIGHT TO A JURY TRIAL.

Severability and Integration

These Terms of Use and any supplemental terms, policies, rules and guidelines posted on this Site constitute the entire agreement and supersede all previous written or oral agreements. If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Termination

We reserve the right to terminate your use of this Site if you violate the Terms, the Community Guidelines, our Privacy Policy, any rule or guideline posted on the Site, or for any other reason in our discretion.

Alleged Violations

To ensure a high-quality experience for you and for other users of this Site, you agree that we may access your account and records on a case-by- case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site. We do not intend to disclose the existence or occurrence of such an investigation unless required by law, but we reserve the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if we believe that you have violated any of the Terms, furnished us with false or misleading information, or interfered with use of the Site by others.

Copyright Infringement Claims

We respect the intellectual property rights of others and have adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed on our respective rights or the rights of a third party, or otherwise violated any intellectual property laws or regulations. If you believe that your work has been violated on this Site in a way that constitutes copyright infringement, please contact us at contact@vsevil.net.

Revision Date: March 11, 2014

This site and its content are property of Versus Evil LLC. Copyright © 2014. All Rights Reserved. The Dragons and Titans video game name, logo, and content are the exclusive property of Wyrmbyte LLC.  Copyright © 2014. All Rights Reserved.