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Terms & Conditions

TERMS OF USE

Date April 12, 2023


TERMS AND CONDITIONS OF USE

ACCEPTANCE BY USE

By accessing and browsing the darkgategames.com domain, the darkgategames-us.com domain, darkgategames-eu.com domain, darkgategames-uk.com domain, darkgategames-au.com domain, and any website extensions (collectively, the “Dark Gate Games Websites”) and/or utilizing any of the services on said domains, you are accepting these Terms and Conditions of Use (“T&Cs”) and the Privacy Policy, which is incorporated by reference into the T&Cs. By accepting these T&Cs you agree that you’ve read and understood them.

DARK GATE GAMES ENTERTAINMENT, INC. reserves the right to change these T&Cs at any time. The date of the latest update of the T&Cs can be found at the top of the pages accessed by clicking on the “Terms of Use” link present at the bottom of the homepage of the Dark Gate Games Websites. You are responsible for reading and evaluating the T&Cs as they are revised.

If you disagree with the T&Cs, you are not permitted to browse the Dark Gate Games Websites and/or utilize any of their services.

GENERAL

These T&Cs and the Privacy Policy apply to all aspects of the Dark Gate Games Websites, including but not limited to all products, content, applications, software, and services offered via the Dark Gate Games Websites.

By accessing and browsing the Dark Gate Games Websites, YOU AGREE TO USE THE DARK GATE GAMES WEBSITES AT YOUR OWN RISK. Dark Gate Games Entertainment, Inc. is not responsible for and does not regularly monitor the Dark Gate Games Websites. DARK GATE GAMES ENTERTAINMENT, INC. is not liable for any personal injury or property damage, or any other harm or loss of any nature whatsoever, resulting from use and/or access of the Dark Gate Games Websites. You understand and agree that you may be exposed to communications, including but not limited to public posts and posts by DARK GATE GAMES ENTERTAINMENT, INC., that are inaccurate, objectionable, offensive, or indecent, and you agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against DARK GATE GAMES ENTERTAINMENT, INC. with respect to the content.

By accessing and browsing the Dark Gate Games Websites, 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, being the T&Cs.
  • You affirm that you are over the age of 13. The Dark Gate Games Websites are not intended for children 13 and under, and are not permitted use.
  • You will not engage in any illegal (contrary to applicable local, national and international laws) activities on, to, or through the Dark Gate Games Websites.
  • You will not transmit any bugs, viruses, trojan horses, bots, scrapers, or any like or related programming through or to the Dark Gate Games Websites.
  • You will not alter, modify, or change the Dark Gate Games Websites or any portion of it, including security features, except as expressly permitted by DARK GATE GAMES ENTERTAINMENT, INC.

DARK GATE GAMES ENTERTAINMENT, INC. will do its best to maintain the website and release accurate information through it. However, DARK GATE GAMES ENTERTAINMENT, INC. cannot guarantee the accuracy or completeness of the Dark Gate Games Websites. DARK GATE GAMES ENTERTAINMENT, INC. is not and will not be 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 Dark Gate Games Websites; (4) any unauthorized access to our secure servers and the personal and/or financial information contained within; (5) any bugs, viruses, trojan horses and the like which may be transmitted to or through the Dark Gate Games Websites by any third party.

The Dark Gate Games Websites may contain links to third party websites. DARK GATE GAMES ENTERTAINMENT, INC. has no control over, and assumes no responsibility for, the content of any third-party websites. DARK GATE GAMES ENTERTAINMENT, INC. recommends using your best judgment and to exercise caution where appropriate.

DARK GATE GAMES ENTERTAINMENT, INC. does not endorse and is not responsible for the opinions, recommendations, or advice of any users of the Dark Gate Games Websites. DARK GATE GAMES ENTERTAINMENT, INC. 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 Dark Gate Games Websites. DARK GATE GAMES ENTERTAINMENT, INC. will not be a party to or monitor, and assumes no responsibility for, any communication or results of communication between you and any third party.


ADDITIONAL TERMS

PERMISSIONS

Provided you abide by the Terms, DARK GATE GAMES ENTERTAINMENT, INC. grants you permission to access the Dark Gate Games Websites for personal use and/or limited commercial use as expressly permitted herein.


WARRANTY DISCLAIMER

The Dark Gate Games Websites are provided on an “as is” basis without warranties of any kind. To the fullest extent permitted by law, DARK GATE GAMES ENTERTAINMENT, INC., its owners, operators, officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Dark Gate Games Websites and your use thereof.

LIMITATION OF LIABILITY

Under no circumstances, including but not limited to negligence, shall DARK GATE GAMES ENTERTAINMENT, INC., its owners, operators, officers, directors, employees 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 Dark Gate Games Websites, including without limitation use of or reliance on information available on this Dark Gate Games Websites, 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 Dark Gate Games Websites; (3) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the 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 Dark Gate Games Websites; (6) Any bugs, viruses, trojan horses, bots, or the like, which may be transmitted to or through the Dark Gate Games Websites 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 Dark Gate Games Websites, whether based on warranty, contract, tort, or any other legal theory, and whether or not DARK GATE GAMES ENTERTAINMENT, INC. 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. You specifically acknowledge that DARK GATE GAMES ENTERTAINMENT, INC. shall not be liable for CCs, the content of CCs, or the defamatory, offensive, or illegal conduct of any other user or third party and that the risk of harm or damage from the foregoing rests entirely with you.

The Dark Gate Games Websites is controlled and offered by DARK GATE GAMES ENTERTAINMENT, INC. from its facilities in the United States of America. DARK GATE GAMES ENTERTAINMENT, INC. makes no representations that the Dark Gate Games Websites are appropriate or available for use in other locations. Those who access or use the Dark Gate Games Websites from other jurisdictions do so at their own volition and are responsible for compliance with local law.


INDEMNIFICATION

You agree to indemnify and hold harmless DARK GATE GAMES ENTERTAINMENT, INC. and its owners, operators, officers, directors, employees, affiliates, assigns and agents, from and against any actions, claims, obligations, losses, liabilities, costs or debt, and expenses (including without limitation, attorney’s fees and costs) arising from or in connection with: (i) your use of and access to the website; (ii) your violation of any term or provision of these T&Cs; (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, or privacy right; (v) any claim that one of your communications or private messages caused damages to a third party; or (vi) any breach of any representation, warranty, or agreement made by you in these T&Cs. This indemnification obligation survives these T&Cs and your use of this website.

You hereby release and waive any and all claims, liability, and causes of action against DARK GATE GAMES ENTERTAINMENT, INC. arising from or in connection with your use of the Dark Gate Games Websites.


COPYRIGHT

DARK GATE GAMES ENTERTAINMENT, INC. graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of DARK GATE GAMES ENTERTAINMENT, INC. or its affiliates in the United States and/or other countries. These trademarks, registered trademarks, and trade dress may not be used in connection with any product or service without the express written consent of DARK GATE GAMES ENTERTAINMENT, INC., or in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits DARK GATE GAMES ENTERTAINMENT, INC.. All other trademarks not owned by DARK GATE GAMES ENTERTAINMENT, INC.that appear on the website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DARK GATE GAMES ENTERTAINMENT, INC.. Unless otherwise specified, all software used on this site is the property of DARK GATE GAMES ENTERTAINMENT, INC.or its affiliates and is protected by United States and international copyright laws.

You agree not to copy and/or adapt the code used to generate the Dark Gate Games Websites and all the graphic material that it offers, including buttons, bars, fonts, logos, photographs or other material not specified under these T&Cs, without the express permission of DARK GATE GAMES ENTERTAINMENT, INC..

The Dark Gate Games Websites and all related websites, including those which offer services under its mark, are published and maintained by DARK GATE GAMES ENTERTAINMENT, INC.


ASSIGNMENT

These T&Cs, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DARK GATE GAMES ENTERTAINMENT, INC. without restriction.


GOVERNING LAW AND VENUE

The laws of the State of Delaware govern all matters arising out of or relating to these T&Cs, without giving effect to conflicts of law principles thereof. You submit to the exclusive jurisdiction if the state and federal courts of the State of Delaware for resolving any claim or dispute arising out of or relating to these T&Cs. You agree that: (i) the website shall be deemed solely based in the State of Delaware; and (ii) the website shall be deemed a passive website that does not give rise to personal jurisdiction over DARK GATE GAMES ENTERTAINMENT, INC., either specific or general, in jurisdictions other than the State of Delaware.


ENTIRE AGREEMENT

These T&Cs, together with the DARK GATE GAMES ENTERTAINMENT, INC. Privacy Policy incorporated herein by reference, constitute the entire agreement between you and DARK GATE GAMES ENTERTAINMENT, INC. with respect to the website, and supersede and replace any other agreement, document, correspondence, negotiation, conversation, or other written or oral understanding between you and DARK GATE GAMES ENTERTAINMENT, INC. with respect to the subject matter of this agreement.


SEVERABILITY

If any term or provision of these T&Cs is held 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 will remain in full force and effect.


MISCELLANEOUS The captions contained herein are for reference purposes only and are not part of this agreement.

DARK GATE GAMES ENTERTAINMENT, INC. reserves the right to discontinue any aspect of the website at any time.

DARK GATE GAMES ENTERTAINMENT, INC. reserves all rights not expressly granted herein.

You agree that any cause of action arising out of or related to the website must commence within one (1) year after the cause of action occurs. Otherwise, such cause of action is permanently barred.

Nothing in the T&Cs shall be deemed to confer any third-party rights or benefits.

RETURN POLICY

If you bought a product on our online store and you changed your mind about the purchase, you have the right to cancel and return your order within 14 days, for any reason and without a justification. The return request must be submitted within 14 days of the delivery. Returned items must be in their original packaging, unopened. (i.e. Shrink wrap intact, sealed booster packs, etc.) and in the same condition they were delivered in. Dark Gate Games Entertainment does not cover shipping costs on returns. We recommend that you insure your return shipment. You will not be reimbursed for a product that is not received by our warehouses.

RETURN PROCEDURE

  1. Send an email to our customer support email: support@darkgategames.com within 14 days of the delivery of your order requesting to return some or all of your products.
  2. Once the request is approved, you will receive an email with the address of the warehouse from which your order was shipped or a closer one to your address at Dark Gate Games Entertainment sole discretion.
  3. All returns will be processed within 15 business days of their arrival in our warehouse. We recommend that you insure your shipment. You will not be reimbursed for a product that is not received by Dark Gate Games Entertainment. 

MISPACKING ISSUES

For issues regarding wrong or missing items from your order, please don’t hesitate to send us an email to support@darkgategames.com with the following information:

  • The order number for your purchase.
  • A description of the problem.
  • Some photographs if you received the wrong item.
  • Confirmation of your shipping address, email address and contact telephone number.

DEFECTIVE PRODUCTS


For issues regarding defective products (i.e. damaged or missing components), please send us an email to support@darkgategames.com with the following information and we will be more than happy to help:

  • The order number for your purchase.
  • Some photographs and a description to explain the issues with your product(s).
  • Confirmation of your shipping address, email address and contact telephone number.

If you did not purchase your Dark Gate Games Entertainment product directly from our online stores, please return to where you originally bought the game for assistance. If you bought a defective product from a friend or an online consumer-to-consumer market, we won’t be able to offer replacements.