TERMS OF SERVICE
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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
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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
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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
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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
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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
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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
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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
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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
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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.
The following restrictions apply to your use of the Service. You are
not allowed to:
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.
Furthermore, you herein agree not to make use of the Services
for:
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
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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
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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
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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
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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
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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
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If you have any questions about these Terms or the Services, please
contact at support@dak.gg