DESURA

TERMS OF SERVICE

 

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 wholly owned subsidiary of Bad Juju Games, Inc!

Please read these terms of use (“Terms”) carefully before using the Desura websites, http://www.desura.com, http://www.indiroyale.com, http://www.dailyroyale.com, (the “Sites”). These Terms constitute a binding contract between you and Desura Pty, Ltd. (“Desura”). By visiting the Sites, by making purchases on our Sites, and/or downloading content and services (“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.

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

  1. Limited License

    All information and materials on the Sites are proprietary and copyrighted property of Desura or its licensors. You are given a limited license to use the Sites and any other use of the Sites without Desura’s consent is prohibited. You may not reproduce, duplicate, adapt, copy, sell, resell, transmit or otherwise exploit the Sites or any portion of the Sites, for any commercial purpose without the express written consent of Desura. 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 Desura without the express written consent of Desura. 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 Desura.

  2. Privacy Policy

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

  3. Account Information and Use of Services

    The Sites offer paid subscriptions for Applications. Applications include games, game mods, or other downloadable content. In order to subscribe to the Applications or use certain Services, you may register on the Sites by providing your email, username and password (“Account”). Desura 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 Sites, or attempting to access the Services through an Account. There maybe certain parts of the Sites and/or Services that is only accessible to persons who are logged in to an Account.You are bound by any instructions that Desura 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 Sites through your Account.A subscription does not permit you to make copies of the Application or to use the Application separately from the Services. Your use of an Application is also subject to any license terms included with the Application.Services (including all content, graphics, and other intellectual property and elements incorporated into the Services) are the property of Desura 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. Desura may request proof of identification and age (for example, proof of your ability to purchase certain subscriptions).

  4. Proprietary Rights

    You acknowledge and agree that Desura 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 Desura and that you shall not disclose such information without Desura’s prior written consent.Nothing in the Terms gives you a right to use any of Desura’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features unless there is express written prior consent given by Desura.

  5. 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 Desura. 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.

  6. User Provided Content

    If you send to Desura, or upload to the Sites 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 Desura 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 Desura 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. Desura is not required to compensate you or any other person in any manner for any such exercise or authorization. In particular, Desura 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 Desura’s privacy obligations under clause 2.All Content and Applications added and managed by Publishers is governed by the terms and conditions agreement, which they must accept prior to publishing their Applications on the Sites and/or Services.

  7. Third Party and Unofficial Content

    Modifications, addons and other content (“Mods”), which are made, by third party and unofficial providers are available as subscriptions to download and install via the Services. The installation of Mods can affect other Applications and existing games, programs and files you own. In regard to all Mods, Desura acts purely as an intermediary service provider enabling their installation. Desura does not screen Mods available on Desura or through other sources. Desura does not assume any responsibility or liability for Mods you begin a Subscription to.

  8. Information must be accurate

    You must ensure that all information provided to Desura through the Services and/or Sites (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, Desura 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, Desura may at any time, without any prior notice or liability to any person: (a) correct any error, inaccuracy or omission; (b) change the Applications available through the Services, or the prices, fees, and specifications of such Applications, 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 Sites and/or Services are invitations to you to make offers to purchase subscriptions on the Sites and/or Services and are not offers to sell. All prices and other amounts appearing on the Sites and/or Services are quoted in United States dollars unless otherwise specified.

  9. Billing, Payment and other Subscriptions

    Desura uses credit card, debit card and PayPal to facilitate your purchases on the Sites. 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 Desura, you represent to Desura that you are the authorized user of the of your chosen payment method and authorize Desura to charge the payment method designated during the checkout process for any subscription 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.For recurring monthly subscriptions, each month that the subscription remains current, you agree and reaffirm that Desura 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 Sites and/or Services. You must notify Desura 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 Desura promptly if your credit card expires or is cancelled for any reason. Desura 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 Sites and/or Services without having reasonable cause and explaining that cause to Desura. Where you cause such a chargeback, Desura may suspend your Account until such time as you demonstrate to Desura reasonable cause for that chargeback. You may request Desura to cancel an order by email to: support@badjuju.com.

    (A) No Refund Policy

    Desura makes available for purchase Applications which are DRM-free. All sales are FINAL and NON-REFUNDABLE.  Please make sure that your order is correct before purchasing.

    You are responsible to ensure:
    - your system is compatible with the Application’s system requirements;
    - no unauthorized person or children have access to your credit cards or account to ensure that no one pays for your purchase without your express consent.

    Refunds will only be made as otherwise required by law, or at the sole discretion of Desura.

  10. 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 Sites 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 Sites 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 Sites and/or Services without authorization. You must not use the Sites and/or Services with any third party software not provided or authorized by Desura, and must not reroute the Sites 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 Sites 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 Sites 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@badjuju.com.

  11. Contests

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

  12. Disclaimer of Warranties and Limitation of Liability.

    OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, DESURA DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES OR THE SITES. THE SPECIFIC FUNCTIONS OF THE SERVICES OR THE SITES, 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 SITES 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 SITES ARE FREE FROM SUCH CONTAMINATIONS. Subject to Desura’s obligations in relation to a breach of such a warranty, to the extent permitted by law Desura’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 Desura in the first twelve months following the commencement of this Agreement.IN NO EVENT WILL DESURA, 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 DESURA PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

  13. Indemnification

    You agree to indemnify Desura, 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 Services and/or Sites, any violation of these Terms, your violation of the rights of any third party, or your violation of any applicable law or regulation.

  14. Term and Termination

    Either you or Desura has the right to terminate or cancel your Account or a particular subscription at any time. You may request your Account be terminated by contacting us at support@badjuju.com. Desura may remove your Account if it receives a request in relation to it, and that request complies with all verification processes that Desura has in place. In the event that your Account and subscriptions is terminated or cancelled by Desura 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.

  15. Governing Law

    The Terms, and your relationship with Desura under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Desura 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 Desura shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

  16. Modifications

    Desura 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 Sites. Your continued access of the Sites shall be deemed your conclusive acceptance of the modified agreement.

  17. 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 Desura 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. Desura 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 Desura.

  18. Contact Us

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