TERMS OF SERVICE
LAST UPDATE: September 3rd, 2020
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the DAK.GG website and the DAK.GG mobile application (the "Service") operated by PlayXP Inc. ("us", "we", or "our").
Agreement to Terms
By accessing or using any part of our Service, you are agreeing to be bound by these Terms. If you do not agree with any of these terms, you are prohibited from using or accessing our Service. The materials contained in our Service are protected by applicable copyright and trademark law.
Privacy Policy
Please refer to our "Privacy Policy" for information on how we collect, use and disclose information from our users. Please carefully review our Privacy Policy. By using or accessing our Service, you agree to be bound by the terms of our Privacy Policy.
Changes To Terms Or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we'll let you know by email or by posting notice on any part of the Service.
The "Last Updated" date at the top the Terms indicates when the latest modifications were made to the Terms.
By continuing to access and use our Service you are agreeing to be bound by the current version of these Terms. Therefore, you are responsible for reviewing and should become familiar with any modifications.
Service Eligibility
You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law. Keep in mind most (if not all) of the games for which our Services are designed already require you to be at least this age to play them.
Service Availability
The Service may be modified, updated, interrupted, suspended or discontinued at any time, in the sole discretion of the Company, without notice or liability. The Service may be unavailable at certain periods, including but not limited to systems failures, anticipated or unanticipated maintenance work, upgrades or disaster.
Intellectual Property
We reserve all of our intellectual property rights in the Services. Website and mobile applicaiton designs, graphics, and pictures ("Materials") are subject to and protected by international copyright and other intellectual property laws and rights.
Third Party Websites
Our Service may contain links to third-party websites (including advertisements) and online services that are not owned or controlled by our company. Our company has no control over, and to the extent permitted by applicable law, assumes no responsibility for, such websites and online services.
Use of the Service
You may wish to register to take advantage of certain features. If so, you agree:
1. To provide true, accurate, current and complete information about yourself as prompted by the Company Service.
2. By creating an account, you agree to receive certain communications in connection with our Service
3. As permitted, maintain and promptly update such information. In case of information that you provide is false, inaccurate or outdated, then our Company has the right to suspend or terminate your account and prohibit all current or future use of the Company Service.
4. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your account. Your account is meant to be private and you shall not share accounts for any reason. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You agree to be responsible for all charges resulting from the use of your account via the Company Service, including charges resulting from unauthorized use of your account.
5. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.
6. You agree to use the Company Service only for lawful purposes and that you are responsible for your use of and communications and content you may post via the Company Service. You agree not to post or transmit any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes upon others’ intellectual property rights, impersonates any individual or entity, or otherwise violates any applicable law. You agree not to solicit personal information from minors. You agree not to use the Company Service in any manner that interferes with its normal operation or with any other user’s use of the Company Service.
1. Access, tamper with, or use non-public areas of the Company Service, our computer systems, or the technical delivery systems of our providers
2. Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures
3. Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Company Service to send altered, deceptive or false source-identifying information
4. Disrupt or interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Company Service, or otherwise creating an undue burden on the Company Service.
5. Your use of the Company Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
1. Uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable
2. Causing harm to minors in any manner whatsoever
3. Impersonating any individual or entity, including, but not limited to, any Company, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity
4. Forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with, and uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party.
5. Disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real-time interactions
6. stalking or with the intent to otherwise harass another individual and/or collecting or storing of any personal data relating to any other user in connection.
Suggestions and Improvements
You may provide any ideas, suggestions, documents or proposals ("Feedback") to us, you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Company and its users any claims and assertions of any moral rights contained in such Feedback
User Content
You are solely responsible for your User Content. "User Content" means any photos, messages, notes, information, and other content that you upload, publish or display ("Post") on or throught our Services or transmit to or share with other users.
When you share your own User Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, broadcast, transmit, share and display User Content without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content.
You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content that is uploaded, stored, or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others. We cannot be held responsible for Your Content or the material others upload, store or share using the Services.
Company does not and is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content.
We may, at our discretion, pre-screen User Content submission and may choose to remove User Content at any time we see fit. You agree that the Company is not responsible for any financial loss, liability or damage of any kind that you may incur as a result of our removing or refusing to publish User Content.
To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve our services, you grant to us a worldwide and royalty-free intellectual property license to use Your Content, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools Your Content on the Services.
Termination
We may terminate or suspend access to our Service at any time for any reason, including without limitation, for any violation of these Terms. You understand that any termination of your account may involve deletion of your User Content associated with your account from our databases.
Indemnification
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US AND OUR SUBSIDIARIES, AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, VENDORS, PARTNERS, CONTRACTORS, AGENTS, LICENSORS OR OTHER REPRESENTATIVES OF EACH OF THEM AND ALL THEIR SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “INDEMNITEES”) IN RESPECT OF ALL CLAIMS, COSTS (INCLUDING LEGAL FEES AND COSTS), DAMAGES, LIABILITIES AND EXPENSES OR OBLIGATIONS OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR MISUSE OF THE SERVICES (INCLUDING WITHOUT LIMITATION USE OF YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU) AND YOUR USER CONTENT. WE RETAIN THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY CLAIM SUPPORTING INDEMNIFICATION, AND IN SUCH CASES YOU AGREE TO COOPERATE WITH US TO DEFEND ANY SUCH CLAIM. YOU WILL NOT SETTLE ANY CLAIM COVERED BY THIS SECTION WITHOUT OUR PRIOR WRITTEN APPROVAL.
Digital Millennium Copyright Act ("DMCA") NOTICE
We respects the intellectual property rights of others. You may file a complaint with our Company and its designated Agent if you believe that a content hosted by us is violating your rights under US Copyright Law by email, which is as follows:
support@dak.gg
If the Copyright Owner believes that their copyright work has been copied without permission, you must provide the following information to our Company. Your DMCA takedown notice must contain the following information:
1. Your electronic or physical signature.
2. Provide a description of the copyrighted work that is claimed as infringed.
3. Identify where the infringing copyrighted work is located on our Site
4. Provide contact information such as name, address, phone number and email address.
5. Provide a statement that they have good faith belief that the infringing use is not authorized by the Copyright Owner, his designated Agent or by law.
6. Provide a statement under penalty of perjury that the information in the notice is accurate and that they are the Copyright Owner or an authorized Agent to act on behalf of the Copyright Owner.
We may request additional information before removing any allegedly infringing material. In the event we remove the allegedly infringing materials, we will immediately notify the person responsible for posting such materials that we removed or disabled access to the materials. We may also provide the responsible person with your email address so that the person may respond to your allegations.
Contact Information
If you have any questions about these Terms or the Services, please contact at support@dak.gg