TERMS AND CONDITIONS OF USE
Revised and Effective; 10 June, 2014
Acceptance by Use
We reserve the right to change these Terms at any time. You are responsible for reading and evaluating the Terms as they may be revised from time to time.
The DWG Website is published and maintained by Devious Weasel Games, LLC (“DWG”). These Terms apply to all aspects of the DWG Website, including but not limited to all products, software, content, applications and services offered by DWG and its affiliates via the DWG Website.
By accessing and browsing the DWG Website, YOU AGREE THAT YOUR USE OF THE DWG WEBSITE IS AT YOUR OWN RISK. DWG is not responsible for any third-party content appearing on the DWG Website and does not regularly monitor third-party postings or other content. DWG is not liable for any personal injury or property damage, or any other harm or loss of any nature whatsoever, resulting from your use and/or access of the DWG Website. You understand and agree you may be exposed to communications and content, including but not limited to content posted by DWG and other persons, that you may consider objectionable, offensive, or indecent, or which may contain inaccuracies; and you agree to waive, and hereby do waive, any legal or equitable claims, rights or remedies you may have against DWG with respect to any such content.
By accessing and browsing the DWG Website, you agree to the following:
- You are at least 18 years of age, or an emancipated minor, or have specific legal guardian or parental consent, and are fully able to enter into this legal, binding agreement comprising the Terms.
- You affirm that you are not under the age of 14. The DWG Website is not intended for children under 14 years of age, and underage minors are not permitted use the DWG Website.
- You will not upload or transmit to or through the DWG Website any bugs, viruses, trojan horses, bots, scrapers, scripts, apps or applications, or any other harmful or malicious programming or executable code of any kind (“Malware”).
- You will not alter, modify, or change the DWG Website or any portion of it, including security features, except as expressly permitted by DWG.
- You will not engage in any illegal (i.e., contrary to applicable local, national and international laws) activities on, to, or through the DWG Website.
DWG will do its best to maintain the DWG Website and release accurate information through it. However, DWG cannot guarantee the accuracy or completeness of the DWG Website. DWG is not liable for any: (1) errors, mistakes, opinions, or inaccuracies with regard to content; (2) any interruption or cessation of transmission to or from our website; (3) any errors or omissions in any content or for any loss or damage of any kind resulting from the use of any content posted, emailed, transmitted or otherwise made available through the DWG Website; (4) any unauthorized access to our secure servers and the personal and/or financial information contained within; (5) any Malware which may be transmitted to or through the DWG Website by any third party.
The DWG Website may contain links to third party websites. DWG has no control over, and assumes no responsibility for, the content of any third party websites.
DWG does not endorse and is not responsible for the opinions, recommendations, or advice of any users of the DWG Website. DWG cannot and will not be responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to any type of communication on or through the DWG Website. DWG will not be a party to or monitor, and assumes no responsibility for, any communication or results of communication between you and a third party. DWG recommends using your best judgment and to exercise caution where appropriate.
DWG, its agents and affiliates, may engage in the online promotion and sale of merchandise, products and/or services through the DWG Website (the “Online Store”). By using the Online Store, you further agree that:
- DWG cannot and does not warrant that product specifications, pricing, or other content on the DWG Website is complete, accurate, or error-free. In the event of any errors relating to the pricing or specifications of any product, DWG shall have the right to refuse or cancel any orders at its sole discretion. If we charged your credit card prior to cancellation, we will issue a credit to your account in the amount of the charge.
- DWG is the seller for all items on the DWG Website. All items purchased from the DWG Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
- If you have any questions in regards to your Online Store Account, please contact firstname.lastname@example.org.
Provided you abide by the Terms, DWG grants you permission to access the DWG Website for personal use and/or limited commercial use as expressly permitted herein.
The DWG Website is provided on an “as is” basis without warranties of any kind. To the fullest extent permitted by law, DWG and its owners, operators, officers, directors, employees, representatives and agents disclaim any and all warranties, express or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose, with respect to the DWG Website or your use thereof.
Limitation of Liability
Under no circumstances, including but not limited to negligence, shall DWG, its owners, operators, officers, directors, employees, representatives or agents, but liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (1) use or inability to use the DWG Website, including without limitation use of or reliance on information available on this DWG Website, interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, nondelivery of information, disclosure of communications, or any other failure of performance; (2) errors, mistakes, opinions, or inaccuracies with regard to information available on the DWG Website; (3) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the DWG Website, (4) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (5) any interruption or cessation of transmission to or from the DWG Website; (6) any Malware which may be transmitted to or through the DWG Website by any third party; (7) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use on any content posted, emailed, transmitted, or otherwise made available via the DWG Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not DWG is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
The DWG Website is controlled and offered by DWG from its facilities in the United States of America. DWG makes no representations that the DWG Website is appropriate or available for use in other countries or jurisdictions. Those who access or use the DWG Website from other jurisdictions do so at their own volition and are responsible for compliance with all applicable laws.
You agree to indemnify and hold harmless DWG and its owners, operators, officers, directors, employees, representatives, agents, affiliates, successors and assigns, from and against any actions, claims, obligations, losses, liabilities, costs or debt, and expenses (including without limitation, attorney fees and costs) arising from or in connection with: (i) your use of and access to the DWG Website; (ii) your violation of any term or provision of these Terms; (iii) your failure to abide by applicable local, state, federal and international law; (iv) your violation of any other third party right, including but not limited to any copyright, trademark, property, publicity or privacy right; (v) any claim that one of your postings, communications, or messages caused damages to a third party; or (vi) any breach of any representation, warranty, or agreement made by you in these Terms. This indemnification obligation survives any cessation of your use of the DWG Website.
You hereby release and waive any and all claims, liability, and causes of action against DWG arising from or in connection with your use of the DWG Website.
Trademarks, Copyrights and Intellectual Property Rights
Shadows of Malice,™ Devious Weasel,™ and the DWG “weasel head” logo are trademarks and service marks of DWG. They and all other graphics, logos, page headers, icons, tag lines, designs, styles, and other product or service names appearing on the DWG Website, whether or not registered, are proprietary trademarks, service marks and/or trade dress (collectively, “Marks”) of DWG or their respective owners, who may or may not be affiliates of DWG. You agree that you are not authorized to use, and will not use, any of the Marks other than in reference to its associated product or service of DWG. You further agree that you will not use any of the Marks or a variant thereof (i) in any manner that is likely cause confusion or mistake or to deceive consumers as to the source, sponsorship or affiliation of any product, service or organization or (ii) in any manner that disparages or discredits DWG or any other person or organization.
In addition, the original content and other creative works contained in the DWG Website (“Creative Works”), including but not limited to photographs, designs, logos and text, are the property of DWG or its respective owner, and is subject to the protections afforded under the copyright laws of the United States and other countries and jurisdictions under international treaties and agreements. You may not reproduce, distribute or otherwise utilize any Creative Works in any manner or for any purpose other than the DWG Website without the written permission of DWG or the applicable licensing authority. You agree not to copy and/or adapt the DWG Website or any element thereof, including any graphic material fonts, logos, photographs or other material made available through the DWG Website, without the express permission of DWG.
All other intellectual property appearing on or accessible through the DWG Website is the property of DWG or its respective owner, unless otherwise specified.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DWG without restriction.
Governing Law and Venue
The laws of the State of Indiana govern all matters arising out of or relating to these Terms, without giving effect to conflicts of law principles thereof. You submit to the exclusive jurisdiction of the state and federal courts sitting in Indianapolis and Marion County, Indiana for resolving any claim or dispute arising out of or relating to these Terms. You agree that: (i) the DWG Website shall be deemed solely based in the State of Indiana; and (ii) the DWG Website shall be deemed a passive website that does not give rise to personal jurisdiction over DWG, either specific or general, in jurisdictions other than the State of Indiana.
If any term or provision of these Terms is held or determined to be void, invalid, inoperative, or otherwise unenforceable by a court of competent jurisdiction, then no other term or provision will be consequently affected, and the remaining terms and provisions of these Terms will remain in full force and effect.
The captions contained herein are for reference purposes only and are not part of the Terms.
DWG reserves the right to discontinue any element or function of the DWG Website at any time.
DWG reserves all rights not expressly granted herein.
You agree that any cause of action arising out of or related to the DWG Website must commence within one (1) year after the cause of action occurs. Otherwise, such cause of action is permanently barred.
Nothing in these Terms shall be deemed to confer any third party rights or benefits.