Terms of Service
Last updated September 1, 2020
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE AND/OR ANY GAMES. By using this site and/or any games provided by Digimancy, you signify your assent to these terms of use. If you do not agree to these Terms and Conditions, please do not use the site or the games. Use of Games is also subject to our Privacy Policy, which is incorporated herein by this reference.
Your access to and use of the Digimancy Entertainment, LLC (“Digimancy”) web site digimancygames.com (the “Site”), as well as any and all games and/or apps licensed to customers by Digimancy via the Site or third party providers (the “Games”), is subject to the following terms and conditions (“Terms and Conditions”), all terms and conditions of any agreement provided by any third party provider, and all applicable laws. In addition, we require your express acceptance to these Terms and Conditions and the Privacy Policy, the terms of which are incorporated herein by reference. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreements between you and Digimancy are superseded and of no force or effect:
1. The Site, all Games, and all materials contained in the Site and any Games are maintained for your personal entertainment and information. Subject to your compliance with these Terms and Conditions, Digimancy hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, download, and use the Site and the Games solely for your personal and non-commercial purposes. For purposes of clarity and without limiting or waiving any term or condition set forth elsewhere in these Terms and Conditions, you acknowledge and agree that Digimancy is entitled, with immediate effect, to block your access to the Site and any Games provided in connection with either if Digimancy determines, in its sole discretion, that your use violates any applicable law and/or otherwise constitutes a breach these Terms and Conditions in any way. Your right to access and use the Site and/or any Game is provided at our discretion, and your account may be suspended or terminated at any time and for any reason. No material from the Site or any Game may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification or use of the materials for any other purpose is a violation of the copyright and other proprietary rights of Digimancy and the artists who created the materials. You may not distribute, modify, transmit or use the content of the Site or any Game, including any and all graphics and/or sound files, for public or commercial purposes without the express written permission of Digimancy. You acknowledge and agree that, with regard to any Game downloaded from a third party provider (such as Steam, Sony Playstation Store, Amazon, etc.), even though Digimancy is not a party to any license between you and such third party, Digimancy shall be a third party beneficiary of such third party’s end user license agreement. You also agree that, as a third-party beneficiary to any such end user license agreement, Digimancy shall have the right to enforce such license against you.
2. All Games, text, data, graphics files, sound files and other materials contained in the Site and/or promoted or made available on the Site and/or through the Games are copyrighted unless otherwise noted and are the property of Digimancy and/or a supplier or client to Digimancy. No such materials may be used except as provided in these Terms and Conditions.
3. All trade names, trademarks, and images and biographical information of people contained in the Site and/or any Games are either the property of, or used with permission by, Digimancy. The use of these materials by you is prohibited unless specifically permitted by these Terms and Conditions. Any unauthorized use of these materials may violate the copyright, trademark, and other proprietary rights of Digimancy and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement, and Game, or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the owner thereof.
4. Any and all virtual goods and/or virtual currency provided by the Site or as part of any Game are provided solely for your personal entertainment and use solely as part of your use and enjoyment of the Site and/or any applicable Game or Games. Their use is subject to these Terms and Conditions as applicable. All virtual goods and virtual currency are licensed to you, are not your personal property, and no ownership interest in them is transferred to you. The prices charged and the quantities made available, as well as the kinds of virtual goods and virtual currencies made available, may be changed by Digimancy at any time and with or without notice in its sole discretion. Any and all such virtual goods and virtual currency may also be changed or discontinued at any time with or without notice by Digimancy in its sole discretion. No virtual goods or virtual currency may ever be redeemed by you for money, services, merchandise, or other goods or items of monetary value from Digimancy or any other third party.
5. While Digimancy uses reasonable efforts to include accurate and up to date information in the Site as well as the Games, Digimancy makes no warranties or representations as to its accuracy. Digimancy assumes no liability or responsibility for any errors or omissions in the content of the Site and/or any Game.
6. If you send comments or suggestions about the Site and/or any Game to Digimancy, including, but not limited to, notes, text, drawings, images, designs or computer programs, to Digimancy, such submissions shall become, and shall remain, the sole property of Digimancy. No submission shall be subject to any obligation of confidence on the part of Digimancy. Digimancy shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
7. Digimancy shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site and/or any game. Use of the Site and/or any Game is completely at your own risk.
8. Digimancy will not intentionally disclose any personally identifying information about you (including information regarding your IP address) to third parties, except where Digimancy, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Service or other rules of Digimancy games. By using the Site, as well as any Game, you signify your acceptance of Digimancy’s Privacy Policy, https://digimancygames.com/privacy-policy. If you do not agree with this Privacy Policy, in whole or part, please do not use the Site and/or any Game.
9. Transfer of Information Across National Borders
The Site and Games are operated on servers located in various jurisdictions, including the United States. When you access or use the Sites and/or the Games, personal information about you may be transferred outside the country in which you are situated to these other locations. By accessing the Site and/or any Game, you consent to any such transfer. Digimancy’s policies ensure that such personal information is protected to the same standard when processed by any Company entity or office around the world. We also ensure that appropriate contracts containing standard data protection clauses approved by the European Commission to protect that information and the rights of individuals are in place with any and all third-party service providers we may use.
10. DMCA Notice
Digimancy respects the intellectual property rights of others and requests that Users of the Site and the Games likewise respect the intellectual property rights of others as well. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, Digimancy will remove any content that allegedly infringes another party’s copyright and reserve the right to suspend, terminate, or cancel a user’s access to and use of the Games if a user is found to be a repeat infringer. It is, furthermore, Digimancy’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please notify Digimancy as required by the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
*An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
*Identification of the copyrighted work that you claim has been infringed;
*Identification of the material that is claimed to be infringing and where it is located on the Service;
*Information reasonably sufficient to permit Digimancy to contact you, such as your address, telephone number, and, e-mail address;
*A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
*A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following email address:
Email: DMCA@digimancygames.com
Subject: Notice of DMCA COMPLAINT
Alternatively, if you prefer to contact us via postal mail, or fax, here is information about where to do so:
Fax: +1-844-270-4837 (with hard copy to address below)
Mail Address:
Digimancy DMCA Complaints
Attn: Jeffrey W. Rose, Esq.
4675 MacArthur Court, Suite 550
Newport Beach, CA 92660
USA
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES.
Please note that this procedure is exclusively for notifying Digimancy and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Digimancy’s rights and obligations under the DMCA, including 17 U.S.C. 512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
11. NEITHER Digimancy NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY GAME SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL MATERIALS ON THE SITE, INCLUDING WITHOUT LIMITATION ANY AND ALL GAMES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Digimancy DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. Digimancy DOES NOT WARRANT THAT USE OF THE MATERIALS, INCLUDING THE GAMES, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE, ANY GAME, OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. Digimancy SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEB SITE OR THIRD PARTY SERVICE PROVIDER (including, for example, Valve’s Steam app or Epic Game Store). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
12. Digimancy SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEB SITE OR THIRD PARTY SERVICE PROVIDER (including, for example, Valve’s Steam). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Digimancy RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER Digimancy IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. Digimancy ALSO RESERVES THE RIGHT TO LIMIT YOUR PLAY OR TERMINATE YOUR ACCOUNT SHOULD Digimancy DETERMINE THAT YOU ARE RESPONSIBLE FOR SUCH TERMINATION OF SERVICE, THAT YOU HAVE OTHERWISE VIOLATED THESE TERMS AND CONDITIONS, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF Digimancy. Digimancy RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR Digimancy’S PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. You agree that this limitation of liability as well as any damage exclusions provided above shall apply even if any remedy provided to you fails its essential purpose.
13. You agree to indemnify and hold Digimancy and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site, any Game, or any services that Digimancy may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. Digimancy reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide Digimancy with such cooperation as is reasonably requested by Digimancy.
14. The provisions of these Terms and Conditions are for the benefit of Digimancy, its subsidiaries, affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
15. This agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
16. These Terms and Conditions may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.