Terms of Service

                                        TERMS OF SERVICE

  1. INTRODUCTION

These terms apply to your download, access and/or use of DSW Game, whether on a mobile device or on our website (www.dswgaming.com). These Terms of Service (“Terms of Service,” “Terms,” or “ToS”) govern the relationship between you and DSW Gaming LLC. (together with its parents, subsidiaries, representatives, affiliates, officers, and directors, “DSW Gaming” or “we” or “us”) regarding your access to and use of our games, mobile apps, websites, content, products, and any related services (collectively the “Services”).

This is a legally binding agreement, and you should read it carefully. By installing, using, or otherwise accessing our Services, you confirm your agreement to be bound by these Terms. If you do not agree with any of these terms, you may not install, use, or otherwise access our Services. Use of the Services is void where prohibited.

2.     ELIGIBILITY

 

The Services are not directed to children under the age of thirteen (13), and we will not knowingly collect personal information from anyone under the age of thirteen (13) (or other applicable minimum age in your place of residence) without obtaining verifiable explicit parental consent as may be required by law. Children over the age of thirteen (13) (or other applicable minimum age in your place of residence) but under the age of eighteen (or other applicable age of majority in your place of residence) must obtain consent from their parent or guardian before using the Services. Where applicable, interactive video games (“Games,” and each a “Game”) offered through the Services carry a voluntary or mandatory age rating identified on the packaging and in online information. You agree not to play, or to allow others to play, a particular Game if doing so would violate the applicable minimum age rating in your jurisdiction. Parents and guardians of children under the age of eighteen (or the applicable age of majority in your place of residence) should read these Terms of Service carefully before allowing children to use the Services.

  1. ACCEPTING THESE TERMS; YOUR CONSENT TO ELECTRONIC COMMUNICATION

 

By downloading our Games via certain platforms or app stores (such as the Apple App Store, Google Play Store or Windows Phone Store) you represent that you have read and understand these Terms and our Privacy Policy, and you agree to be bound by these Terms and our Privacy Policy. If you do not agree to the Terms, do not use or access our Services. We would be happy to make any clarification regarding the Terms if you reach out to us via support@dswgaming.com. Until you get an official email response from us in response to any such email from you, do not access the Services, if you are still unsure about the Terms.

When you access our Services by sending e-mails, uploading information and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, push notices or notices and messages on the website or through the other services we may provide from time to time and you can retain copies of these communications for your records (Communications).

 

You consent to receive messages from us, our agents, representatives, affiliates. You certify, warrant and represent that the email address that you have provided to us are yours and not someone else's.

 

You represent that you are permitted to receive emails via the email address you have provided to us. You agree to alert us whenever you stop using a particular email address. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

By accepting and agreeing to these Terms electronically, you represent that: (1) by reason of the fact that our Services and the Game is available as an online service, you understand that your consent to the Terms and our Privacy Policy will be in the form of an electronic consent (2) You have read and understand this consent to use electronic signatures and to receive Communications electronically; (3) you satisfy the minimum hardware and software requirements specified below; and (4) your consent will remain in effect until you withdraw your consent as specified below. To withdraw your consent to these Terms or the receipt of Communications, please send us an email via support@dswgaming.com. If you withdraw your consent to receive Communications electronically, we may close any User Accounts created by you and you will no longer be able to use the Services, except as expressly provided in these Terms. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal and confirm such withdrawal to you in writing. We will do our best to respond to any email sent by you to us in relation to the Terms within 5 working days. Please note that withdrawal of your consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective. We reserve the right, in our sole discretion, to communicate with you in paper form. In addition, we reserve the right, in our sole discretion, to discontinue the provision of electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. Except as otherwise required by applicable law, we will notify you of any such termination or change by updating these Terms on the Mobile Application and Website or delivering notice of such termination or change electronically. In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your email address by updating your profile.

 

You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

 

 

  1. OUR LIMITED LICENSE TO YOU

 

DSW Gaming and its licensors own and reserve all rights, title, and interest in the Services and the associated intellectual property in the Services, including audio-visual elements and other copyrightable materials (such as the “look and feel” of the Services); trademarks, logos, trade names, service marks, and trade identities of DSW Gaming and our licensors; patentable subject matter; and any other forms of intellectual property. Subject to your continuing compliance with these Terms of Service, we grant you a limited, non-exclusive, cancellable, non-assignable, non-sublicensable, and non-transferable license to use the Services for your personal, non-commercial use. We may immediately suspend or terminate the availability of some or all of the Services for any reason, in our sole discretion, without advance notice or liability.

  1. CHANGES TO THESE TERMS

 

We may amend these Terms by posting the amended versions on our website and mobile application or in the supplemental terms of the applicable Service(s). By continuing to access or use our Services after we post amended versions, you confirm your agreement to the Terms, as amended. If you do not agree with any of the changes, you must immediately stop accessing our Services and your license to use our Services will immediately terminate.

  1. OUR SERVICES

 

The purpose of the Service is to allow you to have access to our games and other content that may be of interest to you. The text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the "look and feel" of the mobile application or website, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Website and Mobile Application (collectively, the “Content”).

The Services may require an Internet connection from a third-party provider in order to use some features. In such cases, your Internet connection is subject to the fees, restrictions, terms and limitations imposed by your provider.

 

  1. YOUR USER ACCOUNT & YOUR RESPONSIBILITIES AS A USER

 

When you access or use the Services, you create an account with us (“Account”). In some cases, you may be asked to create a username and password (collectively known as “Login Information”). You are responsible for all use of the Services and activity related to your Account. You agree to maintain accurate, complete, and up-to-date information in your Account, and our Privacy Policy describes how you can keep your personal information up-to-date. It is your sole responsibility to maintain the confidentiality of your Login Information. You agree not to engage in any acts that may compromise the integrity, fair play and/or security of your Account, including but not limited to sharing Login Information or permitting unauthorized access, loss, or theft. If you learn or suspect that your Account has been compromised, please contact us immediately. We also urge you to modify your Login Information to prevent further damage. We will not be responsible to you for any losses or harm you may suffer as a result of an unauthorized person accessing your Account and/or using your Login Information in connection with our Services.

As part of the Services, we may offer you the opportunity to play with your friends or other matched opponents who generally align with your overall skill level in-game.  These matched opponents may be auto-generated players that look and play like real people.

You are solely responsible for your interactions with other users of our Services and any other parties with whom you interact through the Services. We reserve the right, but have no obligation, to become involved with any disputes related to those interactions. You agree to fully cooperate with us to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, by granting us access to any password-protected portions of your Account as may be required. If you have a dispute with any other user(s), you release us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or related to such disputes.

We reserve the right to reclaim and/or remove any usernames at our discretion at any time, for any reason. You may have only one Account per game on a properly supported device.

You agree to promptly update your account and other information, including your email address, so that we can continue to use the Services and we can contact you as needed.

In order for us to perform the Services, You hereby agree to us collecting, storing and updating personal information. We are committed to protecting and respecting your privacy. The information you share with us, including your personal details, profile information and passwords will be processed by Data Protection Standards, to ensure the privacy and security of your User Account. We shall take appropriate measures to ensure personal information is kept confidential and securely stored.

We do not guarantee that the Mobile Application, Website and generally Services, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Mobile Application or Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

  1. PROHIBITED USES

 

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Website or Mobile Application or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any local, international, federal, or state regulations, rules, laws; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, harm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

You are a restricted user of the Services. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from our Services. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the website or mobile application is not permitted.

You agree not to access (or attempt to access) the Services by any means other than through the interface that is provided by us. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of our Services, or in any way reproduce or circumvent the navigational structure or presentation of our Services to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the website or mobile application is specifically banned.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to DSW Gaming are non-confidential and shall become the sole property of DSW Gaming. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. 

A breach or violation of any of the Terms will result in an immediate termination of your access to our Services. We reserve the right to refuse service to anyone for any reason at any time.

  1. SUSPENSION AND TERMINATION OF ACCOUNT AND SERVICES

 

Without limiting any other remedies, we may suspend, terminate, delete, limit, or modify Accounts or access to the Services or any portions thereof, hold, delay, or remove hosted content, take legal and technical steps to prevent access to the Services, or take other action consistent with these Terms, with or without notice to you, if we suspect or determine, in our sole discretion, that you have failed to comply with any of these Terms or have otherwise engaged in illegal activity or improper use of our Services. This may result in the loss or termination of your Account, information, persona, rankings, benefits, Virtual Items, or other losses. We are not and will not be held responsible for loss of any Account, information, persona, rankings, benefits, Virtual Items, or other losses incurred, and are under no obligation to compensate you therefore.

We reserve the right to stop offering and/or supporting our Services or any portion thereof, including but not limited to any particular game, at any time for any reason. If this does occur, your license to access or use the applicable Services will automatically terminate and you may lose access to any content that you may have submitted or were in the process of submitting. We reserve the right to terminate any Account that has been inactive for 180 days or more. We are not required to notify you in advance of these actions, or to provide you any refunds, compensation, or any material or non-material benefit for discontinued or terminated Services or losses resulting therefrom.

You may choose to close your Account for any reason and at any time. If you choose to exercise this right, please inform us that you wish to close your Account via email: support@dswgaming.com and requesting that your Account be closed. You understand that if you close your Account, you may no longer have access to information previously associated with your Account (including, without limitation, your game progress and any Virtual Items associated with your Account).

 

  1. THIRD-PARTY TOOLS, LINKS AND SERVICES

 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through our website or mobile application is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

Certain content and Services available via our website or mobile application may include materials from third-parties. Third-party links whilst using our Services may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the use of services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

We may also offer on behalf of other third parties, products, which we think may be useful to you. In that event, please note that your relationship with such third party will be governed by the said third party’s agreements in addition to the Terms and the Privacy Policy. We would not be liable for any legal issues arising from your use of such third party services. You are advised to contact such third party and obtain the relevant legal advice before entering a legal relationship with such third party.

  1. OWNERSHIP OF INTELLECTUAL PROPERTY

 

The Services and all rights, title and interest therein are and shall remain the property of DSW Gaming or its licensors. This may include without limitation all games, mobile applications, software (including server software), websites, titles, characters, character names or profiles, stories, dialogue, animations, art, concepts, content, audio sounds and effects, musical compositions, visual effects, methods of operation, documentation, moral rights, in-game chat transcripts, all recordings of games and game play, and Virtual Items appearing and/or originating in our Services, whether provided, earned or purchased. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services, except for the limited license granted above; or (ii) to use or reference DSW Gaming or its licensors’ company name(s), logos, product and service names, or marks.

You acknowledge and agree that you will have no ownership or other property interest in any Account created in connection with the Services. You further acknowledge and agree that all interest in and rights to any such Account are and will be owned in perpetuity by and solely for the benefit of DSW Gaming.

 

  1. DISCLAIMER OF WARRANTIES

 

Without limiting our liability under Section 13 below, the Services are provided on an “as is” and “as available” basis for your use, with no warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. DSW Gaming does not warrant that you will be able to access or use our Service at the times or locations of your choosing; that our Services will be of a certain quality or suitability, or will be uninterrupted or error-free; that defects will be corrected; or that our Services are free of viruses or other harmful components.

  1. LIMITATION OF LIABILITY AND INDEMNIFICATION

 

DSW Gaming will not be liable to you for any indirect, incidental, consequential, special, exemplary, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these Terms or our Services, whether based on contract, tort or any other legal theory, and whether or not DSW Gaming has been advised of the possibility of such damages. We will not be liable to you for more than the amount you have paid to us in accordance with these Terms in the six (6) months immediately preceding the date on which you first assert a claim. You acknowledge and agree that if you have not paid anything to us during such time period, your sole remedy (and our exclusive liability) for any dispute with us is to stop using the Services and to cancel your Account.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of our liability will be the minimum permitted under such applicable law. In particular, nothing in these Terms will affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of DSW Gaming. This provision shall have no effect on the choice of law provision set forth below.

You agree to indemnify, defend and hold harmless DSW Gaming and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. The persons indemnified hereunder reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defences.

  1. ASSIGNMENT & THIRD PARTY BENEFICIARIES

 

 

You must not transfer, assign, or delegate your obligations under these Terms, without our prior written consent. To the extent permitted by applicable law, we may transfer, assign, or delegate these Terms and our rights and obligations hereunder without your consent.

 

  1. COPYRIGHT POLICY

 

 

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe their rights under US copyright law have been infringed. If you believe in good faith that materials hosted by us infringe your copyright (for example, materials posted by a user on one of our forums), you or your agent can send us a notice requesting that the material be removed or access to it blocked.

If you believe your copyright-protected work has been posted on the Services in a way that constitutes copyright infringement (please consult an attorney to better understand your rights and obligations under Section 512(c) of the Copyright Act and other laws), please contact us with a notice containing the following information:

  • Reasonably sufficient details to enable us to identify the work claimed to be infringed (e.g., title, author, any registration or tracking number, URL) or, in the case of multiple works, a representative list of such works;

 

  • Reasonably sufficient details to enable us to identify and locate the material claimed to be infringing (e.g., a link to the page that contains the material);

 

  • Your name, address, telephone number, and, if available, email address;

 

  • A statement that you have a good faith belief that the use of the material identified above is not authorized by the copyright owner, its agent, or the law;

 

  • A written statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and

 

  • Your physical or electronic signature.

If you believe a material that you have posted to the Services has been improperly taken down, you may file a written counter-notice via support@dswgaming.com. Please include the following details:

  • Identification of the material that has been removed or to which access has been disabled and the location at which it appeared before it was removed or disabled;

 

  • A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;

 

  • Your name, address, telephone number, and, if available, email address;

 

  • A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside the US, for any judicial district in which DSW Gaming may be found, and that you will accept service of process from the person who submitted a notice in compliance with Section (c)(1)(C) of the DMCA, as described above; and

 

  • Your physical or electronic signature.

DMCA notices must meet current statutory requirements imposed by the DMCA.

Please send DMCA notices to us by the following address or by email (subject line “DMCA Communication”): support@dswgaming.com.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake, may be subject to liability. Please also be advised that we enforce a policy of terminating the Accounts of repeat infringers (i.e., users who have made two or more postings for which we receive a notice of infringement).

We should be contacted only for the purposes set forth in this Section. NON-DMCA INQUIRIES DIRECTED TO US WILL NOT BE ANSWERED. MISUSE OF THE DMCA CAN SUBJECT YOU TO LIABILITY.

 

  1. GOVERNING LAW & DISPUTE RESOLUTION

 

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Utah, without regard or giving effect to any principles or conflict laws that provide for the application of the law of another jurisdiction.

 

  1. DISPUTE RESOLUTION BY BINDING ARBITRATION

 

 

For any and all controversies, disputes, demands, claims, or causes of action between You and Us (including the interpretation and scope of this section, dispute, demand, claim, or cause of action) relating to the Services, the Website, or these Terms, you and Us agree to resolve any such controversy, dispute, demand, claim, or cause of action amicably, but failure to do so, it shall be exclusively referred to arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which our principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute.  If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”).  The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision.  The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract.  The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.

 

The parties agree to arbitrate solely on an individual basis, and this Terms of Service does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.  Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right.

 

The Arbitration shall be held in Salt Lake City, Utah and would be conducted in English Language.

 

Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction.

 

  1. GENERAL

 

  • Entire Agreement

These Terms constitute the entire terms and conditions between you and DSW Gaming relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and DSW Gaming.

(b) No Partnership

These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and DSW Gaming hereto.

(c) No Waiver

No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

(d) Headings

Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

(e) Cause of Action

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

(f) Severability

If any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein.

(g)  Force Majeure

We will not be liable for any delay or failure to perform resulting from causes outside of our reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes such as acts of God, war, epidemic, pandemic, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

CONTACT

If you have any questions (or comments) concerning the Terms, you are most welcome to send us via e-mail to support@dswgaming.com.

 

Last Updated: August 04, 2021