DESURA 

TERMS OF USE

READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING THIS WEBSITE. IF YOU USE THIS WEBSITE, YOU AGREE TO EACH OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DISAGREE WITH THESE TERMS, PLEASE EXIT THE WEBSITE NOW.

Welcome to Desura, a product of Bad Juju Games, Inc!

Please read these terms of use (the “Terms”) carefully before using the Desura website, located at http://www.desura.com (the “Site”). These Terms constitute a binding contract between you and Bad Juju Games, Inc. (“Bad Juju”). By visiting the Site, by making purchases on our Site, and/or downloading content and services (the “Services”) in any manner, you agree that you have read and agree to be bound by and a party to the terms and conditions of these Terms to the exclusion of all other terms.

Bad Juju reserves the right at any time to modify or discontinue the Site, with or without notice. Bad Juju will not be liable to you or any third party for any modification, suspension, or discontinuation of the Site.

  • Limited License

All information and materials on the Site are proprietary and copyrighted property of Bad Juju or its licensors. You are given a limited license to use the Site and any other use of the Site without Bad Juju’s consent is prohibited. You may not reproduce, duplicate, adapt, copy, sell, resell, transmit or otherwise exploit the Site or any portion of the Site, for any commercial purpose without the express written consent of Bad Juju. You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, flash movie, page layout, or form) of Bad Juju without the express written consent of Bad Juju. You may not use META tags or any other “hidden text” which utilize desura.com, Desura or any other derivative of our domain, company name or registered trademarks without the express written consent of Bad Juju.

  • Privacy Policy

We take your privacy seriously. For information about our data protection practices, please see our Privacy Policy and for information about our data protection regarding children under the ages of 13 and 18, please see our Children Privacy Policy.

  • Account Information and Use of Services

The Site serves as an online store for Digital Goods. Digital Goods include games, game mods, or other downloadable content. In order to purchase the Digital Goods or use certain Services, you may register on the Site by providing your email, username and password (“Account”). Bad Juju in its discretion, but is not obliged to, may require verification of the identify of the person requesting to register with the Services and or Site, or attempting to access the Services through an Account. There maybe certain parts of the Site and/or Services that is only accessible to persons who are logged in to an Account.

You are bound by any instructions that Bad Juju receives through your Account including from any person logged in to your Account, whether or not the instructions are given by you or with your authority. For your own security, you must not: disclose any login name or password for any Account to any other person; nor allow any other person access any part of the Services and/or Site through your Account.

A purchase does not permit you to make copies of the Digital Goods or to use the Digital Goods separately from the Services. Your use of Digital Goods is also subject to any license terms included with the Digital Goods.

Services (including all content, graphics, and other intellectual property and elements incorporated into the Services) are the property of Bad Juju and/or others, and are protected by all international copyright, trademark and other laws. Your use of the Services does not transfer to you any ownership nor create any other rights in the Services or its content.

You may use Services only if: (a) you have reached the age of 18 or, if the age of legal capacity is higher in any applicable jurisdiction, that age; or (b) you are 13 years of age or older and this agreement is entered into on your behalf by a person of majority who is capable of entering into such agreements and making them binding upon you (“Guardian”). In the second case Guardian agrees to be bound by, and must ensure that you comply with, these terms and conditions. Bad Juju may request proof of identification and age (for example, proof of your ability to purchase).

  • Proprietary Rights

You acknowledge and agree that Bad Juju or its licensors own all legal right, title and interest in and to the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Bad Juju and that you shall not disclose such information without Bad Juju’s prior written consent.

Nothing in the Terms gives you a right to use any of Bad Juju’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features unless there is express written prior consent given by Bad Juju.

  • Unlawful or Prohibited Use

Services may not be used for unlawful or commercial purposes; it is for your lawful, personal use only. You must not use the Services except as expressly permitted in these Terms. You must comply with all applicable laws. The Services and its content may not be copied, reproduced, modified, disassembled, decompiled or distributed in any way without the express prior written consent of Bad Juju. You must not sell or resell any part of the Services or access to it. You must not use any part of the Services except in accordance with these Terms.

  • User Provided Content

If you send to Bad Juju, or upload to the Site and/or Services, any content of any type (“Content”), including forum posts, commentary, ideas or suggestions whether or not solicited, then: by uploading the Content you license the Content to Bad Juju as set out in this clause 6; and you must ensure that you are the owner or creator of that content or have received permission from the owner or creator to make such submissions and to license that content as set out in this clause 6.

You expressly authorize and permit Bad Juju to exercise and to authorize others to exercise all of the rights comprised in copyright and all other intellectual property rights which subsist in the Content and you irrevocably consent to all such exercises. Bad Juju is not required to compensate you or any other person in any manner for any such exercise or authorization. In particular, Bad Juju may use, reproduce, modify, create derivative works from, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content and other works which are based on them (including by way of adaptation or derivative works) in any form, anywhere, with or without attribution to you, whether or not such use would otherwise be a breach of any person’s moral rights, and without any notice or compensation to you of any kind. This clause does not limit Bad Juju’s privacy obligations under clause 2.

All Digital Goods added and managed by developers is governed by the Digital Distribution Agreement, which they must accept prior to publishing their Digital Goods on the Site.

  • Third Party and Unofficial Content

Modifications, add-ons and other content (“Mods”), which are made, by third party and unofficial providers are available as digital goods to download and install via the Services. The installation of Mods can affect other Digital Goods and existing games, programs and files you own. In regard to all Mods, Bad Juju acts purely as an intermediary service provider enabling their installation. Bad Juju does not screen Mods available on Desura or through other sources. Bad Juju does not assume any responsibility or liability for Mods you purchase.

  • Information must be accurate

You must ensure that all information provided to Desura through the Services and/or Site (including registration information, payment information, and transaction-related information) is true, accurate and complete.

You are solely responsible and liable for any and all loss, damage, and additional costs that you, Bad Juju or any other person incur as a result of any false, incorrect or incomplete information provided by you or through your Account, or if the details of your Account are not updated as soon as practicable after (and in any case, within 30 days of) any change.

To the extent permitted by law, Bad Juju may at any time, without any prior notice or liability to any person: (a) correct any error, inaccuracy or omission; (b) change the Digital Goods available through the Services, or the prices, fees, and specifications of such Digital Goods, or any promotional offers and any other content; (c) reject, correct, cancel or terminate any order, including accepted orders, for any reason.

The advertisements on the Site and/or Services are invitations to you to make offers to purchase Digital Goods on the Site and/or Services and are not offers to sell. All prices and other amounts appearing on the Site and/or Services are quoted in United States dollars unless otherwise specified.

  • Billing, Payment and Purchases

Bad Juju uses credit card, debit card and PayPal to facilitate your purchases on the Site. When you provide credit card or PayPal (or any other payment provider method of payment as may be indicated on the purchase page) information to Bad Juju, you represent to Bad Juju that you are the authorized user of the of your chosen payment method and authorize Bad Juju to charge the payment method designated during the checkout process for any Digital Goods or other fees incurred through your Account (whether or not authorized by you). Please keep in mind that when using alternate payment method providers (PayPal), you will be bound by that provider’s terms of use, which is available on that provider’s website.

You agree and reaffirm that Bad Juju is authorized to charge your designated method of payment for the relevant fee. You agree to pay any applicable taxes, if any, relating to any purchase made through the Site. You must notify Bad Juju promptly of any changes to your designated payment method, including but not limited to credit card account number, its expiration date and/or your billing address, and you must notify Bad Juju promptly if your credit card expires or is cancelled for any reason. Bad Juju may suspend the provision of services under this Agreement during any time there is no valid credit card associated with your Account.

You must not cause any chargeback of any purchase you make through the Site without having reasonable cause and explaining that cause to Bad Juju. Where you cause such a chargeback, Bad Juju may suspend your Account until such time as you demonstrate to Bad Juju reasonable cause for that chargeback. You may request Desura to cancel an order by email to: support@desura.com.

ALL DESURA FEES ARE PAYABLE IN ADVANCE. DESURA DOES NOT GIVE REFUNDS IF YOU

CHANGE YOUR MIND.

  • Online Conduct

You agree that you will be personally responsible and liable for the use of your Account and the communication and activity on the Services and/or Site that results from use of your Account. Your online conduct and interaction with other Account holders should be guided by common sense and basic etiquette. In particular:

  • You must not add content or information, including files and images that infringe any copyright, trademark, patent, trade secret, or other proprietary right of any person;
  • You must not add content or information, including files, images and scripts that contain viruses, trojan horses, worms, spyware, cracks, keygens, javascript injection or any other similar software or programs that may damage the operation of another’s computer or property of another;
  • You must not add content or information, including files and images that displays, links to, encourages or enables pornography, gambling or otherwise illegal or unacceptable practices;
  • You must not attempt to harm, disrupt, or otherwise engage in activity that diminishes, the Site and/or Services availability, or that of any other computer system or network;
  • You must not attempt to gain access to any account, computers or networks related to the Site and/or Services without authorization. You must not use the Site and/or Services with any third party software not provided or authorized by Bad Juju, and must not reroute the Site and/or Services or any portion thereof through any third party software;
  • You must not attempt to obtain any data through any means from the Site and/or Services, except if we intend to provide or make it available to you;
  • You must not abuse, harass, stalk, threaten, defame or otherwise violate the legal rights (such as rights of privacy and publicity) of others in any form;
  • You must not attempt to interfere with or inhibit another’s person’s use and enjoyment of the Site and/or Services;
  • You must not harvest or otherwise collect information about others, including e-mail addresses;
  • You must not create a false identity, multiple identities or impersonate another;
  • You must not violate any applicable laws or regulations.

If you believe that your Account information has been lost or stolen or become known to or used by any other person, you will immediately notify Desura by email to: support@desura.com.

  • Contests

Bad Juju may make contests available to users of the Site and/or Services and others. All contests are governed by these Terms and the applicable contest rules. By participating in a contest through the Site and/or Services, you are agreeing to these Terms and the applicable contest rules.

  • Disclaimer of Warranties and Limitation of Liability.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, BAD JUJU DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES OR THE SITE. THE SPECIFIC FUNCTIONS OF THE SERVICES OR THE SITE, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DESURA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

IT IS FURTHER UNDERSTOOD AND AGREED THAT DESURA CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT APPLICATIONS MADE AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. IT IS YOUR RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT SAFEGUARDS AND PROCEDURES TO ENSURE THAT ANY FILES OBTAINED THROUGH THE SITE ARE FREE FROM SUCH CONTAMINATIONS.

Subject to Bad Juju’s obligations in relation to a breach of such a warranty, to the extent permitted by law Bad Juju’s total aggregate liability for all loss or damage arising out of this Agreement or the relationship contemplated by it is limited to the total amount of all fees received from you by Bad Juju in the first twelve months following the commencement of this Agreement.

IN NO EVENT WILL BAD JUJU, ITS SUBSIDIARIES AND AFFILIATES, AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY UNDER ANY THEORY FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, ARISING OUT OF THIS AGREEMENT OR THE SERVICES, EVEN IF DESURA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE BAD JUJU PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

  • Indemnification

You agree to indemnify Bad Juju, its subsidiaries and affiliates, and their respective directors, officers, employees and agents, from and against any and all losses, liabilities, claims, damages, injuries, suits, investigations, and expenses (including reasonable attorneys’ fees), (collectively “Losses”), based on or arising out of your use of the Site and/or Services, any violation of these Terms, your violation of the rights of any third party, or your violation of any applicable law or regulation.

  • Term and Termination

Either you or Bad Juju has the right to terminate or cancel your Account or a particular purchase at any time. You may request your Account be terminated by contacting us at support@desura.com. Bad Juju may remove your Account if it receives a request in relation to it, and that request complies with all verification processes that Bad Juju has in place. In the event that your Account and purchases are terminated or cancelled by Bad Juju for a violation of this Agreement or improper or illegal activity, no refund, including any fees, will be granted.

Sections 3, 6, 12, 13, 14, 15 and 17 will survive any expiration or termination of these Terms.

  • Governing Law

The Terms, and your relationship with Bad Juju under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Bad Juju agree to submit to the exclusive jurisdiction of the courts located within the county of Orange, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Bad Juju shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

  • Modifications 

Bad Juju reserves the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing these Terms and additional terms or notices posted on the Site. Your continued access of the Site shall be deemed your conclusive acceptance of the modified agreement.

  • Miscellaneous 

If any provision of these Terms is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from these Terms and the remaining provisions will continue in full force and effect.

These Terms ensure to the benefit of and are binding upon each of Bad Juju and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign any rights or obligations that you have under these Terms. Bad Juju may assign its rights and obligations under these Terms without your consent.

No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under these Terms will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.

Any rights not expressly granted by these Terms are reserved to Bad Juju.

  • Contact Us 

We would love to hear form you. Please write to us regarding any questions, comments or concerns you may have by e-mail to: legal@desura.com.

Updated January 31, 2015