This End User License Agreement (the "Agreement") applies to the "Qom Box" video game and any related updates or content (the "Service") provided by Duskmoss Studio LLC ("Duskmoss Studio").
By using the Service, you agree that you must be at least 13 years of age. If you are over 13, but still a minor in your jurisdiction, your parent or guardian must agree to this Agreement on your behalf. You agree that this Agreement is legally binding and equivalent to a signed written contract.
You also agree to use the Service in accordance with applicable laws and the terms outlined in this Agreement, and you acknowledge that you have received and can access this Agreement.
If you don't agree with these terms, please stop using the Service immediately.
Duskmoss Studio grants you a single, non-exclusive, non-transferable, limited personal license to use the Service. This license prohibits you from renting, leasing, lending, selling, redistributing, or sublicensing the Service. You must remove the Service before transferring any device on which it's installed. Additionally, you may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code, modify, or create derivative works of the Service or any part of it.
Duskmoss Studio may suspend or terminate your access to the Service at our discretion if your conduct violates this Agreement or for any other reason. You have no expectation of privacy when interacting with other users through the Service. Duskmoss Studio may access, reproduce, or distribute any Content submitted by you through the Service. We will cooperate with law enforcement regarding content of the Service.
If you purchased the Service through a third-party platform (a "Third-Party Platform"), you agree that:
The Service allows users to create and upload levels and other user-generated content ("Content"). Duskmoss Studio doesn't own your Content. But, by posting Content, you:
You're responsible for all of your conduct on the Service. You agree not to engage in behavior that is threatening, bullying, defamatory, abusive, obscene, violent, lewd, or illegal. This includes hate speech or attacks based on race, gender, age, religion, origin, disability, or identity.
You also agree to refrain from sending spam or unwanted solicitations, disrupting other users' enjoyment of the Service, using unauthorized software or bots, violating laws or third-party rights, impersonating Duskmoss Studio staff, or distributing content containing viruses or harmful programs. Duskmoss Studio reserves the right to take action (including termination of this Agreement and your access to the Service, and further legal action if warranted) against any conduct it deems harmful to the Service or its integrity.
By using the Service, you agree that you may be exposed to user Content that is offensive, indecent, or objectionable. Duskmoss Studio is not liable for any such Content and you waive any legal or equitable rights or remedies you have against Duskmoss Studio with respect to such Content.
The Service may offer virtual goods, downloadable content, and virtual currency (collectively, "Virtual Items") for purchase or accessible through gameplay.
You have no ownership rights to Virtual Items. Duskmoss Studio doesn't recognize transfers of Virtual Items outside the Service. You may not sell Virtual Items for real money or exchange them for value outside the Service. Virtual Items have no real-world value and are licensed, not owned.
Unless required by law, the Third-Party Platform you accessed the Service through, or otherwise specified, all sales of Virtual Items are final with no refunds.
Duskmoss Studio may provide customer and technical support ("Support Services") at our discretion, but we're not required to do so unless mandated by law. Any supplemental software provided as part of Support Services is considered part of the Service and subject to this Agreement.
For customer support, contact us at contact@duskmoss.studio. You agree that Third-Party Platforms have no support obligations for the Service.
Duskmoss Studio reserves the right to modify or discontinue the Service at any time with or without notice. We may monitor Service use to ensure compliance with this Agreement, edit or remove any content, and refuse access to anyone for any reason. Duskmoss Studio and its affiliates may monitor your use of the Service for quality, compliance, and security purposes. You acknowledge that such monitoring doesn't entitle you to any claim regarding how Duskmoss Studio enforces this Agreement. Duskmoss Studio will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
Electronic communications using the Service may not be encrypted. You acknowledge that data may be accessed by unauthorized parties during transmission and your Content may be publicly available. Duskmoss Studio may review or retain your Content at any time.
The Service may link to other sites and applications ("Linked Services"). Duskmoss Studio:
You understand the risks of using external information and agree not to hold Duskmoss Studio liable for any loss or damage from using Linked Services.
The Service is owned by Duskmoss Studio and protected by copyright laws and international treaties. All content, trademarks, and logos are proprietary to Duskmoss Studio or used under license. You are prohibited from using this intellectual property except as provided in this Agreement.
If you believe content on the Service infringes your copyright, submit a compliant DMCA notification to our Copyright Agent. Your notification must include all information and statements required by the DMCA, including your physical or electronic signature, identification of both the copyrighted work claimed to be infringed and the allegedly infringing material, your contact information, a statement of your good faith belief that the use is unauthorized, and a statement of accuracy confirming you're authorized to act for the copyright owner.
Our Copyright Agent can be reached by email at contact@duskmoss.studio.
Repeat Infringer Policy: Users who repeatedly infringe third-party rights will have their accounts suspended or terminated.
YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
The Service is provided by Duskmoss Studio on an as-is basis. Duskmoss Studio expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Duskmoss Studio makes no warranty that (i) the Service will meet your requirements, (ii) that operation of the Service will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the Service will be accurate or reliable.
No advice or information, whether oral or written, obtained by you from Duskmoss Studio, or through the Service creates any warranty regarding the Service not expressly stated in this Agreement.
To the maximum extent permitted by applicable law, no Third-Party Platform is a party to this Agreement or your purchase or license of the Service. None of the Third-Party Platforms make any warranties, or assume any warranty or other obligations with respect to: (i) the Service, or (ii) any claims, losses, liabilities, damages, costs, or expenses attributable to the Service, including any warranties arising from claims of infringement of intellectual property or personal rights, products liability, or failure of the Service to perform, execute, or conform to any standard.
Because some jurisdictions don't allow the disclaimer of implied warranties, this disclaimer may not apply to you.
You expressly understand and agree that neither Duskmoss Studio nor any Third-Party Platform is liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goods, goodwill, use, data, or other intangible losses (even if Duskmoss Studio or the Third-Party Platform has been advised of the possibility of such damages), resulting from the use or the inability to use the Service or any other matter relating to the Service.
You hereby expressly and irrevocably waive, and agree never to assert any claims against any Third-Party Platform that you may have under any theory of law or equity anywhere in the world, in connection with rights licensed under this Agreement, your possession or use of the Service, or the content of the Service. Any claims arising out of the Service are subject to the limitations set forth in this Agreement and may be brought only against Duskmoss Studio, as described in Section 19 below.
Because some jurisdictions don't allow exclusion of liability for consequential damages, our liability will be limited to the fullest extent permitted by law.
You agree to indemnify and hold Duskmoss Studio and its affiliates, officers, agents, and employees harmless from any claim, demand, loss, costs, or expense (including attorneys' fees) made by any person arising from your violation of this Agreement, applicable laws, or any person's rights.
Your personal information is subject to our Privacy Policy, which may change over time. By using the Service, you agree to the Privacy Policy.
You acknowledge that Third-Party Platforms are third-party beneficiaries of this Agreement and have the right to enforce it.
This Agreement is governed by Pennsylvania state law regardless of your location. You agree to submit to the exclusive jurisdiction of the courts in Pittsburgh, Pennsylvania, USA, unless the dispute is governed by Section 20.
For EU users only: For disputes related to this Agreement, you may seek an amicable solution by contacting contact@duskmoss.studio. If unsuccessful, you may use the European Commission's Online Dispute Resolution website within one year: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
Failing these options, disputes may be brought before competent courts.
Any dispute or claim relating in any way to your use of the Service (each, a "Claim") will be resolved by binding arbitration, rather than in court (except that you may assert claims in small-claims court if your claims qualify). You agree that each Claim must be brought individually.
The Federal Arbitration Act and federal arbitration law apply to this Agreement and this binding arbitration clause.
The arbitrator will have the authority to decide all issues of arbitrability, including the scope and enforceability of this arbitration agreement. Any dispute will be resolved by binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures, which are incorporated herein by reference and available at https://www.jamsadr.com/rules-streamlined-arbitration/.
Arbitration is a process with no judge or jury -- an arbitrator will review the arguments in the dispute and award damages and other relief just like a court would. The arbitrator must follow this Agreement as a court otherwise would. Court review of the arbitration award is limited under the Federal Arbitration Act.
To start an arbitration, you must send an email to contact@duskmoss.studio describing your Claim and requesting arbitration, or we may do the same by sending a written notice requesting arbitration to your address. The payment of the initial filing fees will be made by the party filing the Claim, and any other filing and other fees will be apportioned as directed by the JAMS rules. The arbitration will take place in Pittsburgh, Pennsylvania, USA, unless the Parties agree to video, phone, or internet connection appearances.
Except as otherwise set forth below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Duskmoss Studio will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator's decision regarding the Claim, the award given (including any attorneys' fees and costs awarded), and the arbitrator's findings and conclusions on which the arbitrator's decision is based.
Notwithstanding the terms of this Section, either of us may bring a lawsuit in court for equitable relief, for any misuse or infringement of intellectual property rights, or for any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use of the Service.
You and Duskmoss Studio agree that if any portion of this Section is found illegal or unenforceable, that portion will be severed and the remainder of the Section will be given full force and effect.
This Agreement may be revised only by Duskmoss Studio in writing or by publishing a new version on the Service. Your continued use of the Service constitutes acceptance of any updated terms.
Duskmoss Studio isn't liable for delays or failures due to circumstances beyond our reasonable control, including acts of God, war, terrorism, embargoes, civil unrest, or resource shortages.
No joint venture, partnership, employment, or agency relationship exists between you and Duskmoss Studio because of this Agreement.
Duskmoss Studio may assign this Agreement to any person or entity without your consent, while you may not assign it without Duskmoss Studio's written consent. If any part of this Agreement is determined invalid or unenforceable, the remainder will remain in effect.
In any litigation related to this Agreement, the prevailing party will be entitled to recover reasonable costs and attorneys' fees. Our failure to enforce any provision doesn't waive our right to enforce it in the future. You agree that Duskmoss Studio would be irreparably damaged if these terms weren't specifically enforced, entitling us to appropriate equitable remedies without bond, security, or proof of damages.
This Agreement constitutes the entire agreement between you and Duskmoss Studio regarding the Service and supersedes all prior communications.