DEMAAL STUDIOS END USER LICENSE AGREEMENT
Last revised: February 20, 2023
IMPORTANT NOTICE:
YOU SHOULD CAREFULLY READ THIS AGREEMENT (THE “AGREEMENT”) BEFORE INSTALLING OR USING GAMES PUBLISHED BY DEMAAL STUDIOS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR OTHERWISE ACCESS OUR GAMES.
You must be and hereby affirm that you are an adult of the legal age of majority in your country and state of residence. If you are under the legal age of majority, your parent or legal guardian must consent to this agreement.
Thank you for your interest in Demaal Studios (referred to herein as the “Demaal”, “Company”, “us”, “we”, “our”) and in our game “Hunters of Demaal” (referred to herein as the “Game”). This Agreement sets forth the terms and conditions under which you are licensed to install and use the Game, and it governs other aspects of the relationship between you and Demaal as set forth below. As used in this Agreement, the term “Game” refers to (1) the “Hunters of Demaal” desktop app software, (2) authorized “Hunters of Demaal” Mobile Gaming Apps, (3) online “Hunters of Demaal” apps playable through web browsers, and (5) all features and components of each of them, whether installed or used on a computer, console, or mobile device. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY, OR USE THE GAME. IF YOU REJECT THE TERMS OF THIS AGREEMENT WITHIN FOURTEEN (14) DAYS AFTER YOUR PURCHASE OF THE GAME FROM DEMAAL, YOU MAY CONTACT DEMAAL THROUGH https://demaal.com TO INQUIRE ABOUT A FULL REFUND OF THE PURCHASE PRICE OF THAT GAME. IF YOU PURCHASED A GAME AT RETAIL, YOUR RIGHT TO RETURN THE GAME IS SUBJECT TO THE RETAILER’S RETURN POLICY.
Your use of the Game is licensed, not sold, to you, and you hereby acknowledge that no title or ownership with respect to the Game is being transferred or assigned and this Agreement should not be construed as a sale of any rights. All access to and use of the Game is subject to this Agreement, the applicable software documentation, and our Privacy Policy (accessible at https://demaal.com/legal) (collectively, the “Complete Terms”). The Complete Terms are hereby incorporated into this Agreement by reference (with this Agreement controlling any conflicting terms) and represent the complete agreement between you and us relating to use of the Game, and related services and products, superseding any prior agreements between you and us, whether written or oral.
Except as otherwise provided below, if you reside in the United States, Canada, or Mexico, use of the Game is licensed to you by Demaal Studios, Inc., a California corporation.
1. The Game
A. The Demaal Account. To use the Game, you may be required to register, or have previously registered, a Demaal Account (an “Account”). Certain Game versions may not require creation of an Account. Use of the Game, and creation and use of Accounts, are subject to the following terms and conditions:
i. You may establish an Account only if: (i) you are a “natural person” and an adult in your country and state of residence (Corporations, Limited Liability Companies, partnerships and other legal or business entities may not establish an Account); and (ii) you are not an individual specifically prohibited by Demaal from using the Game.
ii. When you create or update an Account, you must:
1. provide Demaal with accurate and up to date information that is personal to you, such as your name, address, phone number, and email address. Additionally, in order to play certain versions of the Game or use certain features offered in the Game, you may also be required to provide Demaal with payment information (such as credit card information). Demaal’s retention and/or use of your personal information is subject to Demaal’s Privacy Policy. Demaal shall also have the right to obtain non personal data from your connection to the Game; and
2. select a unique username and password (collectively referred to hereunder as “Login Information”). You may not use your real name as the password for the Account, and you cannot share the Account or the Login Information with anyone, unless the terms of this Agreement allow it.
iii. To play the Game, you may need to add a Game license to an Account, which may require an authentication code generated by Demaal. For Game licenses purchased at retail, the authentication code will either be included in the packaging materials or sent to you via electronic means. If you purchase or download the Game digitally from Demaal or via an authorized mobile app store (e.g., Apple or Google), the authentication code will be assigned to the Account when you purchase the Game.
iv. Please take steps to ensure the security of your Demaal Login Information. You must maintain the confidentiality of the Login Information, as you are responsible for all uses of the Login Information and the Account, including purchases, whether or not authorized by you. If you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Demaal through https://demaal.com.
v. Subject to the laws of your country of residence, minor children may utilize an Account established or play the Game installed by their parent or legal guardian upon the parent/guardian’s acceptance of this Agreement. In the event that you permit your minor child or legal ward (collectively, your “Child”) to use an Account or the Game, you hereby agree to this Agreement on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the Account or the Game by your Child whether or not any particular use was authorized by you.
vi. Your use of the Game to interact with Demaal and other players is governed by Demaal’s Code(s) of Conduct (the “Codes of Conduct”). The Codes of Conduct are not meant to be exhaustive. The Codes of Conduct are incorporated into this Agreement by this reference, and are available on Demaal’s website. Please note that violation of any of the Codes of Conduct may result in penalties against your Demaal Account, including suspension and/or termination of Game licenses.
vii. You agree to pay all fees and applicable taxes incurred by you or anyone using your Account. If you choose a recurring subscription for the Game, you acknowledge that payments will be processed automatically (e.g., debited from your Account balance or charged to your credit card) until you cancel the subscription or the Account. Demaal may revise the pricing for the goods and services offered through the Game at any time. YOU ACKNOWLEDGE THAT DEMAAL IS NOT REQUIRED TO REFUND AMOUNTS YOU PAY TO DEMAAL FOR USE OF THE GAME, OR FOR DIGITAL PURCHASES MADE THROUGH THE GAME, FOR ANY REASON, EXCEPT AS REQUIRED BY APPLICABLE LAW.
viii. Demaal shall have the right to monitor and/or record your communications when you use the Game, and you acknowledge and agree that when you use the Game, you have no expectation that your communications will be private. Demaal shall have the right to disclose your communications for any reason, including: (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this Agreement or any other Demaal policy; (c) to protect Demaal’s legal rights and remedies; (d) to protect the health or safety of anyone that Demaal believes may be threatened; or (e) to report a crime or other offensive behavior.
B. Grant of License. If you accept and comply with the terms of this Agreement, Demaal will grant, and you will receive, a limited, revocable, non-sub licensable, and non-exclusive license to use the Game subject to the “License Limitations” (Section C), set forth below, as follows:
i. You may install applicable components or features of the Game on one or more computers or mobile devices under your legitimate control.
ii. You may use the Game for your personal and non-commercial entertainment purposes only, unless specifically allowed under the terms of this Agreement.
iii. You may not transfer your rights and obligations to use the Game.
iv. With regards to Game copies purchased from retailers on original media (e.g., on CD-ROM, DVD, etc.) you may permanently transfer all of your rights and obligations related to the use of the Game under this Agreement to another person who agrees to the terms of this Agreement by physically transferring the original media, original packaging, and all manuals or other documentation distributed with the Game provided that you permanently delete all copies and installations of the Game in your possession or control. You agree to be solely responsible for any taxes, fees, charges, duties, withholdings, assessments, and the like, together with any interest, penalties, and additions imposed in connection with such transfer. Other than as set forth above, Demaal does not recognize any purported transfer of the Game.
v. Some copies of the Game may be subject to specific license terms that may include the following:
1. Trial or “Starter” versions of the Game allow you to play a limited version of the Game before you will be required to purchase the Game license from Demaal.
2. You may play the Game you have licensed at authorized publicly-available cyber cafés or computer gaming centers through an Account registered to you.
C. License Limitations. Demaal may suspend or revoke your license to use the Game, or parts of it, components and/or single features thereof, if you violate, or assist others in violating, the license limitations set forth below. You agree that you will not, in whole or in part or under any circumstances, do the following:
i. Derivative Works: Copy or reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Game.
ii. Cheating: Create, use, offer, promote, advertise, make available and/or distribute the following or assist therein:
iii. cheats; i.e. methods not expressly authorized by Demaal (whether accomplished using hardware, software, a combination thereof, or otherwise), influencing and/or facilitating gameplay, including exploits of any in-game bugs, and thereby granting you and/or any other user an advantage over other players not using such methods;
1. bots; i.e. any code and/or software, not expressly authorized by Demaal, that allows the automated control of the Game;
2. hacks; i.e. accessing or modifying the software of the Game in any manner not expressly authorized by Demaal; and/or
3. any code and/or software, not expressly authorized by Demaal, that can be used in connection with the Game and/or any component or feature thereof which changes and/or facilitates the gameplay or other functionality;
iv. Prohibited Commercial Uses: Exploit, in its entirety or individual components, the Game for any purpose not expressly authorized by Demaal, including, without limitation (i) playing the Game at commercial establishments; (ii) gathering in-game currency, items, or resources for sale outside of the Game; (iii) performing in-game services including, without limitation, account boosting or power-leveling, in exchange for payment; (iv) communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation or offer through or within the Game; or (v) organizing, promoting, facilitating, or participating in any event involving wagering on the outcome, or any other aspect of, the Game, whether or not such conduct constitutes gambling under the laws of any applicable jurisdiction, without authorization.
v. “esports”: Use the Game for any esports or group competition sponsored, promoted or facilitated by any commercial or non-profit entity without obtaining additional authorization from Demaal or obtaining Demaal’s prior written consent.
vi. Cloud Computing: Use the Game, in connection with any unauthorized third-party “cloud computing” services, “cloud gaming” services, or any software or service designed to enable the unauthorized streaming or transmission of Game content from a third-party server to any device.
vii. Data Mining: Use any unauthorized process or software that intercepts, collects, reads, or “mines” information generated or stored by the Game; provided, however, that Demaal may, at its sole and absolute discretion, allow the use of certain third-party user interfaces.
viii. Duplicated Items: Create, utilize or transact in any in-game item created or copied by exploiting a design flaw, undocumented problem, or program bug in the Game.
ix. Matchmaking: Host, provide or develop matchmaking services for the Game), or intercept, emulate or redirect the communication protocols used by Demaal in any way, for any purpose, including without limitation unauthorized play over the internet, network play (except as expressly authorized by Demaal), or as part of content aggregation networks.
x. Unauthorized Connections: Facilitate, create or maintain any unauthorized connection to the Game including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Game; and (ii) any connection using third-party programs or tools not expressly authorized by Demaal.
xi. Transfers: Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Game or component thereof, or your rights to the Game to any other party in any way not expressly authorized herein.
xii. Disruption/Harassment: Engage in any conduct intended to disrupt or diminish the game experience for other players, or disrupt operation of the Game in any way, including:
1. Disrupting or assisting in the disruption of any computer used to support the Game. ANY ATTEMPT BY YOU TO DISRUPT THE GAME OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
2. Harassment, “griefing,” abusive behavior or chat, conduct intended to unreasonably undermine or disrupt the Game experiences of others, deliberate inactivity or disconnecting, and/or any other activity which violates Demaal’s Codes of Conduct or In-Game Policies.
xiii. Violation of Laws: use the Game to violate any applicable law or regulation.
D. Game Features
i. Advertising. The Game may incorporate third-party technology that enables advertising in the Game, which may be downloaded temporarily to your personal computer and replaced during online game play. As part of this process, Demaal and/or its authorized third party advertisers may collect standard information that is sent when your personal computer connects to the Internet including your Internet protocol (IP) address.
ii. User Created or Uploaded Content. The Game may provide you an opportunity to upload and display content in the Game, including the compilation, arrangement or display of such content (collectively, the “User Content”). You hereby grant Demaal a perpetual, irrevocable, worldwide, fully paid up, non-exclusive, sub-licensable, right and license to exploit the User Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised. Demaal shall have the unlimited right to copy, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives, add to and delete from, rearrange and transpose, manufacture, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to, broadcast, and practice the User Content as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of the User Content or the elements thereof in conjunction with or into any other material. In the event you upload or otherwise transmit to Demaal any concepts, ideas, or feedback relating to the Game, you shall not be entitled to any compensation for any such submission, unless expressly agreed between you and Demaal, and Demaal may freely use any such submission in any manner it deems appropriate. Any such submission by you shall not create any contractual relationship between you and Demaal. Except to the extent that any such waiver is prohibited by law, you hereby waive the benefit of any provision of law known as "moral rights" or "droit moral" or any similar law in any country of the world. You represent and warrant that the User Content does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights of any third party. You further represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. Demaal may remove any User Content and any related content or elements from the Game at its sole discretion.
iii. Community Tournaments. In order to support local esports tournament activities, Demaal provides a license program for organizers of community tournaments under its Community Competition License.
iv. Beta Testing Pre-Release Versions of the Game. Certain pre-release versions of the Game (“Beta Version”) may be made available to you for testing (“Beta Test”). Your participation in a Beta Test will be governed by the following:
1. Eligibility. In order to participate in a Beta Test, you must meet the following requirements:
a. Demaal must designate you to participate in a Beta Test (a “Beta Tester”);
b. The Account that you will use to participate in the Beta Test must be in good standing;
c. If the Beta Test is to test an expansion to the Game, then the Account must be upgraded with all previous expansions to the Game;
d. You agree to allow Demaal to obtain hardware and software information from the computer system that you will use to take part in the Beta Test (the “Beta Test System”) prior to registration for the Beta Test in order for Demaal to determine if you are eligible to participate in the Beta Test; and
e. The Beta Test System must meet the specifications which Demaal determines are required for the Beta Test.
2. Confidentiality. If Demaal announces that a Beta Test is confidential, the Beta Test invitation you will receive will include a notice that states that the Beta Test is confidential. During a confidential Beta Test, the existence of the Beta Test and all elements thereof is to be kept confidential, and you agree to keep everything related to the Beta Test secret from everyone who is not participating in the Beta Test until Demaal informs you that the Beta Test is no longer confidential. For purposes of example and not limitation, you agree that you will not disclose the following during a confidential Beta Test:
a. Information about the Beta Test, such as your role as a Beta Tester, the length of the Beta Test, the number of Beta Testers, how you became a Beta Tester, etc.
b. Information related to the Beta Version, such as look and feel, playable races, classes, combat, magic, communication, grouping, questing, monetary systems, non-player character interaction, items, armor, weapons, stability of the Beta Version, etc.
3. Feedback. During and after the Beta Test, you may be provided with an opportunity to give Demaal your comments, suggestions and impressions of the Beta Version by using tools to supply feedback and bug reports, internal websites and forums, and other methods. Beta Version may also include a tool that will allow your computer system to forward system and driver information to Demaal in the event of a crash. This tool will collect data from your computer system related to the crash, and allow you to forward a report to Demaal via electronic mail.
4. Acknowledgments. You acknowledge that:
a. Beta Version is a work in progress and may contain bugs which may cause loss of data and/or damage to your computer system;
b. you have, or will, back-up your hard drive prior to installation of the Beta Version;
c. you have the resources necessary to easily reinstall the Beta Test System’s operating system and restore any and all data that may be lost;
d. Demaal is not liable in any way for the loss of data or damage to the Beta Test System, interruptions of service, software or hardware failures, or loss of data or disruption of service;
e. Demaal may monitor and record any and all communications, electronic or otherwise, pertaining to the Beta Version including, without limitation, packets, in-game chat, forum postings, etc.;
f. Demaal may delete or modify the information stored by the Game being Beta Tested for any reason at any time during the duration of the Beta Test;
g. Demaal may transfer software program files to the Beta Test System, including a program that will collect and send to Demaal CPU, RAM, operating system, video card, and sound card information from the Beta Test System; and
h. You may not sell, transfer or commercially exploit access to a Beta Version, including the distribution of Beta Version keys without Demaal’s express authorization.
5. Termination. Demaal can terminate a Beta Test at any time. When Demaal terminates a Beta Test, you must delete the pre-release version of the Game that was the subject of the Beta Test and all documents and materials you received from Demaal in connection with the Beta Test, and you may be asked by Demaal to remove any elements of the Beta Version from any hard drives on which the pre-release version of the Game that was the subject of the Beta Test has been installed. You agree and acknowledge that Demaal’s termination of the Beta Test shall not be grounds for any refunds of any kind, including, but not limited to, digital items.
6. Sections of the Agreement Applicable to Beta Tests. When participating in a Beta Test, the terms of this Section 1.D.iv. shall supersede and govern over any other Section of this Agreement which may be in conflict with the terms of this Section 1.D.iv. Additionally, Section 1.B.iv., and 1.B.v. of the Agreement are specifically excluded from the use of a Beta.
2. Demaal’s Ownership
A. Demaal is the owner or licensee of all right, title, and interest in and to the Game, including the Game that is produced and developed by Demaal (“Demaal Game”), Custom Games derived from a Demaal Game, Accounts, and all of the features and components thereof. The Game may contain materials licensed by third-parties to Demaal, and these third-parties may enforce their ownership rights against you in the event that you violate this Agreement. The following components of the Game are owned or licensed by Demaal:
i. All virtual content appearing within the Game, such as:
1. Visual Components: Locations, artwork, structural or landscape designs, animations, and audio-visual effects;
2. Narrations: Themes, concepts, stories, and storylines;
3. Characters: The names, likenesses, inventories, and catch phrases of Game characters;
4. Items: Virtual goods, such as digital cards, currency, potions, weapons, armor, wearable items, skins, sprays, pets, mounts, etc.;
ii. All data and communications generated by, or occurring through, the Game;
iii. All sounds, musical compositions, recordings, and sound effects originating in the Game;
iv. All recordings, Game replays, or reenactments of in-game matches, battles, duels, etc.;
v. Computer code, including but not limited to “Applets” and source code;
vi. Titles, methods of operation, software, related documentation, and all other original works of authorship contained in the Game;
vii. All Accounts, including the name of the Account and any information associated with an Account. All use of an Account shall inure to Demaal’s benefit. Demaal does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void and may result in the forfeiture of the Account;
viii. All Moral Rights that relate to the Game, such as the right of attribution, and the right to the integrity of certain original works of authorship; and
ix. The right to create derivative works, and as part of this Agreement, you agree that you will not create any work based on the Game, except as expressly set forth in this Agreement or otherwise by Demaal in certain contest rules, Demaal’s Fan Policies, or addenda to this Agreement.
3. Pre-Loaded Software. The Game may contain additional software that requires you to agree to additional terms prior to your use thereof (“Additional Software”). A. Installation. You agree that Demaal may install Additional Software on your hard drive as part of the installation of the Game, and from time to time during the term of this Agreement. B. Use. Unless Demaal grants you a valid license and alphanumeric key to use and activate the Additional Software, you may not access, use, distribute, copy, display, reverse engineer, derive source code from, modify, disassemble, decompile or create derivative works based on the Additional Software. In the event that Demaal grants to you a valid license and alphanumeric key to use and activate the Additional Software, all use of the Additional Software shall be subject to the terms of this Agreement. C. Copies. You may make one (1) copy of the Additional Software for archival purposes only.
4. Consent to Monitor. WHILE RUNNING, THE GAME MAY MONITOR YOUR COMPUTER, CONSOLE, OR MOBILE DEVICE'S MEMORY FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING EITHER CONCURRENTLY WITH A GAME OR OUT OF PROCESS. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE PROHIBITED BY SECTION 1.C. ABOVE. IN THE EVENT THAT THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, (a) THE GAME MAY COMMUNICATE INFORMATION BACK TO DEMAAL, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE; AND/OR (b) DEMAAL MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER. Additionally, the Game may include a tool that will allow your computer system to forward information to Demaal in the event that the Game crashes, including system and driver data, and by agreeing hereto you consent to Demaal receiving and/or using this data.
5. Limited Warranty. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE GAME AND THE ACCOUNTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” BASIS FOR USE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED OR ERROR-FREE USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, and the entire risk arising out of use or performance of the Game remains with the user. Notwithstanding the foregoing, Demaal warrants up to and including ninety (90) days from the date of your purchase of a license to the Game, that the physical media on which the Game was distributed, if any, shall be free from defects in material and workmanship. In the event that such media proves to be defective during that time period, and upon presentation to Demaal of proof of purchase of the defective media, Demaal will at its option: (a) correct any defect, (b) provide you with a similar product of similar value, or (c) refund your money. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION.
6. Limitations of Liability. To the fullest extent allowed by applicable law, Demaal, its subsidiaries, Licensors and affiliates shall not be liable for any loss or damage arising out of your use of, or inability to access or use, the Game or Account(s). Demaal’s liability shall never exceed the total fees paid by you to Demaal during the six (6) months prior to your making a claim against Demaal, unless applicable law explicitly disallows this limitation, in which case Demaal’s liability shall be limited to the fullest extent permitted by applicable law.
7. Indemnity. You hereby agree to defend and indemnify Demaal, its parent, subsidiaries, Licensors and affiliates against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by Demaal arising out of or from any violation by you of this Agreement or your misuse of the Game or Account(s), or of any specific services or features associated therewith, including but not limited to User Content and this Agreement.
8. Equitable Remedies. You agree that Demaal would be irreparably damaged if the terms of this Agreement were not specifically followed and enforced. In such an event, you agree that Demaal shall be entitled, without bond or other security, or proof of damages, to appropriate equitable relief in the event you breach this Agreement; and that the awarding of equitable relief to Demaal will not limit its ability to receive remedies that are otherwise available to Demaal under applicable laws.
9. Alterations
A. Alterations to the Agreement.
i. Demaal’s Rights. Demaal may create updated versions of this Agreement (each a “New Agreement”) as its business and the law evolve.
ii. New Agreements. This Agreement will terminate immediately upon the introduction of a New Agreement. New Agreements will not be applied retroactively and cannot alter the process for resolving a Dispute between us once you have notified Demaal of a Dispute. If you do not wish to be bound by a New Agreement, you must immediately cease using and uninstall the Game. Your continued use of your Account and/or the Game after Demaal has published a New Agreement constitutes acceptance by you of the New Agreement.
B. Alterations to the Game. Demaal may change, modify, suspend, or discontinue any aspect of the Game or Accounts at any time, including removing items, or revising the effectiveness of items in an effort to balance the Game. Demaal may also impose limits on certain features or restrict your access to parts or all of the Game or Accounts without notice or liability.
10. Terms and Termination
A. Term. This Agreement is effective upon your creation of an Account, and shall remain in effect until it is terminated or superseded by a New Agreement, or, if neither of the foregoing events occur, as long as you continue using the Game. In the event that Demaal chooses to cease providing the Game, or license to a third party the right to provide the Game, Demaal shall use reasonable commercial efforts to provide you with no less than three (3) months prior notice, unless the discontinuance arises from a matter that is beyond Demaal’s control or causes the provision of such advance notice not to be possible or feasible. Neither the Game nor Demaal’s agreement to provide access to the Game shall be considered a rental or lease of time on the capacity of Demaal's servers or other technology.
B. Termination
i. You may terminate this Agreement at any time by notifying Demaal by email through https://demaal.com/contact and by uninstalling the Game, but the Dispute Resolution provisions of this Agreement will survive termination and apply to all Disputes that arose or could have been initiated prior to termination.
ii. Demaal reserves the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, most Account suspensions and terminations are the result of violations of this Agreement. In case of minor violations of these rules, Demaal may provide you with a prior warning and/or suspend your use of the Account due to your non-compliance prior to terminating the Agreement or modifying or deleting an Account.
iii. In the event of a termination of this Agreement, any right you may have had to any pre-purchased Game access or virtual goods, such as digital cards, currency, weapons, armor, wearable items, skins, sprays, pets, mounts, etc., are forfeit, and you agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on your Account prior to any termination of this Agreement. In addition, you will not be able to use the Game. The Dispute Resolution provisions of this Agreement will survive termination and apply to all Disputes that arose or could have been initiated prior to termination.
11. Dispute Resolution. PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.
A. INFORMAL NEGOTIATION PERIOD. In an effort to accelerate resolution and reduce the cost of any Dispute, you and Demaal agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before either party initiates any arbitration or court proceeding. Notice must be provided within two (2) years of the Dispute having arisen, but in no event after the date on which the initiation of legal proceedings would have been barred under the applicable statute of limitations. The failure to provide timely notice shall bar all claims.
i. Negotiations will begin upon receipt of written notice by the party raising the Dispute. Demaal will send its notice to your billing address and e-mail you a copy to the e-mail address you have provided to us.
ii. You will send your notice to Demaal at Demaal Studios, Inc., 650 Delancey St, Unit 417, San Francisco, CA 94107, Attn.: General Counsel.
B. EXCEPTIONS TO NEGOTIATIONS. You and Demaal agree that the following Disputes are not subject to the above provisions concerning negotiations:
i. any Dispute seeking to enforce or protect, or concerning the validity of, any of Demaal’s intellectual property rights;
ii. any Dispute related to, or arising from, claims that the other party has committed piracy;
iii. individual actions duly filed in a small-claims court of competent jurisdiction on a non-representative basis; any claim within the jurisdictional limits of the small claims courts;
iv. enforcement actions pursued through a governmental agency if permitted by applicable law;
v. Demaal’s right to seek injunctive relief to preserve the status quo pending or during an arbitration.
C. GOVERNING LAW AND JURISDICTION. This Agreement shall be exclusively interpreted, construed, and enforced in all respects in accordance with the laws of the State of California (U.S.A.) without reference to its choice of law rules. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU IRREVOCABLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS LOCATED WITHIN SAN FRANCISCO COUNTY, CALIFORNIA.
12. General
A. You understand and agree that the Game may not be used, accessed, downloaded, or otherwise exported, reexported, or transferred in contravention of applicable export control, economic sanctions, and import laws and regulations, including, but not limited to, the U.S. Export Administration Regulations (“EAR”) and regulations promulgated by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”). You represent and warrant that you (1) are not subject to U.S. sanctions or export restrictions and otherwise are eligible to utilize the Game under applicable laws and regulations; (2) are not located or ordinarily resident in a country or region subject to comprehensive or near-comprehensive U.S. sanctions/embargo, unless your use of the Game in such country or region is authorized by U.S. law; (3) are not an official, employee, agent, or contractor of, or directly or indirectly acting or purporting to act for or on behalf of, a government (including any political subdivision, agency, or instrumentality thereof or any person directly or indirectly owned or controlled by the foregoing) or political party (e.g., Cuban Communist Party, Workers’ Party of Korea) subject to U.S. sanctions/embargo or any other entity in a sanctioned/embargoed country or region or subject to U.S. sanctions/embargo; and (4) will not use the Game in connection with an end-use prohibited by U.S. law.
B. Demaal may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without Demaal’s prior written consent. Your assignment of this Agreement without Demaal’s prior written consent shall be void.
C. Demaal’s failure to enforce a provision of this Agreement shall not be construed as a (i) waiver of such provision, or (ii) diminishment of any right to enforce such provisions. Further, Demaal may choose to waive enforcement of a provision of this Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future.
D. Notices.
i. If to Demaal. All notices given by you under this Agreement shall be in writing and addressed to: Demaal Studios, Inc., 650 Delancey St, Unit 417, San Francisco, CA 94107, Attn: Law Department.
ii. If to You. All notices given by Demaal under this Agreement shall be given to you either through written notice, email, or website blog post.
E. Demaal shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Demaal, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, acts of God, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
F. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
G. This Agreement, along with Demaal’s other applicable agreements located on Demaal’s Legal Documentation page, constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
H. The provisions of Sections 2, 5, 6, 7, 8, 11, and 12 shall survive termination of this Agreement for any reason. END
DEMAAL STUDIOS PRIVACY POLICY
Last Updated: February 17, 2023.
Demaal Studios, Inc. (“we”, “us”, “Demaal”, “Demaal Studios”) is headquartered in San Francisco, California. This privacy policy describes the different ways we may collect, use, and share information gathered in our Hunters of Demaal video game (“Game”) and on our website at demaal.com ("Website"), collectively referred to as "Services". If you have any questions, please reach out to us as described in “Contact Us” below.
Please read this entire privacy policy. You should also carefully review any other agreements that apply to your use of the Game, and confirm you understand and agree to them, before using our products and services.
1. WHAT IS HUNTERS OF DEMAAL VIDEO GAME?
Hunters of Demaal is a video game that may be played on a variety of electronic device, including, but not limited to:
- desktop/laptop computers via downloadable program obtained from online game servers (e.g. Steam, itch.io),
- mobile devices via downloadable game app obtained from app stores (e.g. Google Play, Apple App Store),
- web browsers via web pages with the Game embedded directly into the web pages (e.g. Simmer.io).
2. WHAT INFORMATION DO WE COLLECT?
The types of information we collect depend on how you interact with us. Generally speaking, we collect information in three main ways: A) when you provide it to us, B) automatically when you use the Services, and C) from service providers and third parties.
A. Information You Provide
You can provide us with different kinds of information depending on how you interact with the Services. Sometimes we’ll ask you to provide specific pieces of information, such as when we require it to provide certain services to you (for example, by prompting you to complete an in-game or online account registration process). If we ask you to provide us with information in these cases and you choose not to, you may not be able to access certain services from us and/or some features in the Game or on the Website may not operate as intended.
For instance, in order to play the Game online against other players, you’ll need a Demaal account. To create one, you’ll need to provide us with basic registration information like your email address, a public-facing display name, and an account password. If you want to make a purchase, we may ask you to provide payment-related information (like your credit card number and expiration date) to complete the transaction.
We also collect the information you voluntarily provide to sign up for email alerts, use social features like forums or chat, register for early access to our games, complete surveys, or contact us through customer service.
B. Information We Collect Automatically
We collect some information automatically when you visit, access, or use the Services. This includes information about your gameplay or application usage, purchases, entitlements, and other activity in the Game or on the Website, typically associated with your account (if you are logged into your Demaal account) or with an identifier we have assigned to your device or profile. While the specific types of information that we automatically collect may vary, they generally include:
Usage information and statistics about how you interact with the Game, including how long you used or played it and when, gameplay attempts, progression and results, saved preferences, crash reports, the URLs of the Website that you have visited, URLs of referring and exiting pages, page views, time spent on a page, number of clicks, and platform type.
Technical information about your computer, device, hardware, or software you use to access our services, such as IP address, device identifiers, your internet service provider, plugins, or other transactional or identifier information for your device (such as device make and model, information about device operating systems and browsers, or other device or system-related specifications); and
The general location of your device, which we typically derive from your device’s IP address.
We use technologies such as cookies, log files, and web beacons to automatically collect the types of information listed above. Some of these technologies may create small files or record-keeping tools that may be stored on your device. They help us and third parties recognize your device and provide information about how you use and interact with the Services. For example, they support our ability to authenticate users, remember preferences, manage advertising, personalize experiences, and conduct data analytics.
Please note that if certain features of the Services are provided by third parties, those third parties may also use automated means of data collection and may record information about your use of the Services. These features are subject to those third parties’ privacy notices and policies.
C. Information We Collect from Other Sources
In some cases, we may also receive information about you from service providers and third parties in connection with your use of the Services or your interactions with us on other platforms.
You can also buy, download, or access our Services on or through services operated by third parties. If you do, they may provide us with information to facilitate your access to and use of the Services. This typically includes information like your display name, user ID, and device and region information. For example, you can choose to download and play the Game on gaming consoles (like PlayStation, Microsoft Xbox, and Nintendo Switch) through your gaming console account. When you do, the company operating that platform or service may share some information with us, which helps us do things like facilitate your gameplay and track your progression and entitlements.
D. Fraud Prevention & Anti-Cheat
Providing our players with a fair, balanced, and competitive experience within the Game is extremely important to us. We strictly enforce prohibitions against cheating, hacking, account stealing, and any other unauthorized or fraudulent activity on any of our Services. We use a variety of anti-cheat and fraud prevention technologies to help us identify and prevent malicious activity.
3. HOW DO WE USE INFORMATION?
As a general matter, we use the information we collect (either individually or in combination with other information collected as described in this policy) to help us provide, improve, customize, analyze, and promote our Services.
This includes using it for purposes such as:
- Creating, verifying, and managing user accounts and features;
- Delivering our Services, as well as support and assistance for them, including by responding to inquiries, processing transactions or requests, and communicating with users (such as by sending service and account-related messages and updates);
- Developing, delivering, and improving our Services and other offerings, some of which may be offered in partnership with other parties;
- Personalizing your experience, including by presenting content or features better tailored to you or your interests, or our inferences about your interests;
- Promoting the Services, including managing, customizing, and measuring the effectiveness of our advertisements, promotional offers, surveys, and events;
- Managing alpha, beta, or early access tests (and collecting feedback);
- Conducting data analytics (like analyzing how our Services are used so we can better understand, improve, and personalize them);
- Complying with our legal or contractual obligations and enforcing our terms; and
- Securing our Services, such as by detecting fraud and otherwise protecting Demaal and other users from illegal or harmful actions.
We may also process information that does not identify you individually, including aggregate or de-identified information that we create or collect from other sources. This information helps us better understand larger groups of users. If we combine this information with information that identifies you, we will treat it as described in this privacy policy. But please note that this privacy policy does not restrict our ability to process information that does not individually identify you, and we may use and disclose aggregated or de-identified information for any reason permitted by law.
4. HOW DO WE SHARE INFORMATION?
We may share some of the information we collect to help operate and improve our Services. Depending on how you interact with us, common examples might include sharing:
- With console and platform partners (for example, to facilitate gameplay when you access the Services through a third-party console provider);
- With other game developers (such as to enable features for the Game);
- With other users (like if you use social features such as chat);
- Publicly (for example, your display name, content you create or share, basic game statistics, and other similar information may be generally accessible to others);
- With service providers that operate on our behalf to help support the Services in accordance with our instructions (for example, cloud storage providers, payment processors, or marketing and advertising partners);
- When we believe we must in order to comply with the law or to protect you, Demaal, or others (for example, in response to court order or subpoena, as part of an investigation of fraud or other illegal activity, or violation of our terms or policies, or if necessary to protect others from death or serious harm to body or property);
- In connection with certain types of corporate transactions (like in the event of a restructuring or the sale of all or a significant part of our business); and
- With your permission (for example, if you link external accounts with your Demaal account).
We may also share information that does not identify you with third parties, including aggregate or de-identified information.
Third parties you interact with through our Services may have different privacy practices than Demaal, so we encourage you to review their privacy policies before sharing your information with them.
5. CHILDREN’S PRIVACY
Our Services are intended to be appropriate for general audiences and are not directed to children (usually considered to be under 13, depending on where you reside). Demaal does not intentionally collect personal information from children without seeking any required parental approval in accordance with applicable legal and regulatory obligations, such as the U.S. Children’s Online Privacy Protection Act (“COPPA”).
We may ask you to provide age-related information in order to help us comply with laws like COPPA. For example, we may request your date of birth to determine whether COPPA requires us to obtain verifiable parental consent from your parent or guardian before allowing you to access the Services. If a user indicates they are a COPPA minor, we’ll require that user to complete a parental approval process before continuing to access the Services. This process is designed to notify parents that their child has requested access to our Services, inform them about Demaal’s privacy practices, offer them the opportunity to approve Demaal’s collection and use of their child’s information as described in this policy, and describe the controls that we make available to them.
Once a parent provides their consent, we’ll give them an opportunity to review and change important account settings that control how their child can interact with the Services. Parents are also generally free to change or revoke the choices they’ve previously made, and can review the personal information associated with their child’s account or request that we delete it from our systems. To submit these requests or ask us any other questions you may have about how we handle your child’s personal information, please see “Contact Us” below.
Authorized child accounts are otherwise treated much like other Demaal accounts unless the settings are adjusted by the parents. They can generally play the Game, access communications and social features (like chat and friends lists), and freely interact with most of the Services. For additional details, please see “What Information Do We Collect?”, “How Do We Use Information?”, and “How Do We Share Information?” above.
6. YOUR CHOICES AND CONTROLS
We seek to provide you with meaningful choices about the personal information we collect. The specific choices available to you often vary depending on the exact nature of our relationship with you, such as the Services you use. Common examples include:
You can request that we provide access to, or that we correct or delete, personal information we’ve collected from you. Please submit requests to access, update, or delete personal information associated with your Demaal account by reaching out to us as described in “Contact Us” below. Note that we may ask you for additional information to help us verify who you are before completing your request.
You can change your email marketing preferences at any time, such as by using the opt-out mechanism provided in our marketing emails, updating your Demaal account settings, or contacting us with your request (see “Contact Us” below).
You can change your privacy settings on other parties’ websites (such as social networks) or platforms (like console providers) to limit the information they may share with us.
You can change your browser or mobile device settings to block, manage, delete, or limit tracking technologies like cookies. In some cases, blocking or disabling cookies may cause our Services not to work as intended and some features may not be available.
If you’re under the age of 18 and have a Demaal account, you can ask that we remove or anonymize certain content you’ve provided on our Services. Please direct requests to help delete or edit content on our Services to Demaal as described in “Contact Us” below.
Some parts of the world provide individuals with specific choices related to their personal information by right under local law.
7. CALIFORNIA RESIDENTS
The California Consumer Privacy Act or “CCPA” provides consumers residing in California certain rights with respect to their personal information. If you are a California resident, you may have the right to: (1) request to know more about the categories and specific pieces of personal information we collect, use, and disclose; (2) request deletion of your personal information; (3) opt out of sale of your personal information (if any); and (4) not be discriminated against for exercising these rights.
You or your authorized agent may make these requests by contacting us as described in “Contact Us” below. Note that we may ask you for additional information to help us verify who you are before completing your request. If we receive your request from an authorized agent, we may ask for evidence that you gave that person authority to submit requests to exercise rights on your behalf. We will not discriminate against you if you exercise your rights under the CCPA.
In the past 12 months, we have collected the following categories of personal information, as described in the CCPA:
- Identifiers (such as email addresses);
- Commercial information (including entitlements or purchase history);
- Internet or electronic network activity (for example, gameplay or website usage details);
- Other “personal information” as defined under California law (like your credit or debit card information).
For details about the precise data points we collect and the categories of sources where we got that information, please see “What Information Do We Collect?” above. We collect personal information for the business and commercial purposes described in “How Do We Use Information?” above.
Demaal does not sell the personal information we collect.
8. RESIDENTS OF THE EUROPEAN ECONOMIC AREA, THE UNITED KINGDOM, AND SWITZERLAND
If you are located in the European Economic Area (EEA), the United Kingdom (UK), or Switzerland, you have certain rights regarding how your personal data is processed.
Data Subject Rights
You may have the right to access, correct, or delete personal data we have collected about you through our Services. You may also have the right to a portable copy of the personal data you have provided, and to object to or restrict processing of your personal data, such as for direct marketing. Where you have provided your consent to our data processing, you have the right to withdraw consent.
You also have the right to make a complaint against us by contacting your local supervisory authority for data protection (if one exists in your country). We would, however, appreciate the chance to address your concerns before you contact a data protection regulator, and ask that you direct your complaint to us first.
Please see the “Contact Us” section below to learn more about reaching out to Demaal with any relevant concerns you may have.
Basis for Processing
The legal bases we rely on to process your personal data depend on the Services you use and how you interact with them. They primarily include:
- Contractual Necessity: we process personal data to perform the Services you requested under our Terms of Service or other similar contractual agreements with you. For example, we process personal data to set up and maintain your account; process your purchases; authenticate users; provide user-experience features (like saving your preferences); monitor and analyze the Services; detect and prevent fraud, cheating, or other similar misuse; facilitate features like cross-progression that allow you to play a game on one platform and continue your progress on another, which may require us to share your information with third-party partners; and contact you about your account, transactions, or other updates. We also rely on performance of a contract to manage our relationship with you, which includes responding to your support requests or general inquiries, and notifying you about changes to our applicable terms or policies.
- Legitimate Interests: we process personal data as needed for Demaal’s business purposes, as balanced against the potential impact on your privacy rights. This includes many common purposes that you’d reasonably expect, such as to: communicate with you, respond to your requests, or provide you with updates and information; better understand our users and their preferences; personalize your experience, save your preferences, authenticate our users, and provide similar user experience features; develop, deliver, and improve our Services and other offerings (some of which may be offered in partnership with other parties); manage and customize advertisements or promotional offers; secure and protect our Services; prevent fraud and illegal activity; and support internal purposes such as auditing and data analysis.
- Legal Obligations: we process personal data when necessary to comply with legal obligations, such as responding to legitimate requests from law enforcement authorities or other government officials in accordance with relevant legal processes.
- Consent: we process personal data when you provide us with your consent to do so. You aren’t required to provide consent if you do not want your personal data to be processed for the requested purposes, and you may withdraw your consent at any time.
Retention
Because the specific personal data we process and our reasons for doing so often vary depending on how you use our Services, how long we retain it can also vary. We generally store personal data for as long as we reasonably need it for the purposes described in this policy (like complying with our legal obligations, managing internal records, enforcing our terms, and resolving disputes), unless a long retention period is required or permitted by law.
The main criteria we consider in determining specific retention periods often include minimum requirements under applicable law, relevant industry standards, the types of data in question (such as its level of sensitivity), relevance to potential litigation or similar proceedings (like defending ourselves against legal claims), and whether the data is required to prevent fraud or similar abuse of our Services (including to enforce prohibitions against cheating and other unauthorized behavior). For example, if you create a Demaal account, we will generally store the personal data associated with your Demaal account for as long as needed to maintain your account, provide the Services you requested, enforce any terms that apply and govern your use of our Services, and maintain appropriate records to reflect how we deliver our Services to you.
To learn more about requesting that Demaal delete your personal data, please see “Your Choices and Controls” and “Data Subject Rights” above.
9. SECURITY
We maintain appropriate administrative, technical, and physical safeguards to protect your personal information from accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure, or use and other unlawful forms of processing. In some cases, your information is accessible when you log into a feature we offer, and in those cases you need to keep your user credentials and password confidential and secure so that your information is protected.
10. UPDATES
We’ll update this policy from time to time to reflect changes in our practices or relevant laws. When we do, we’ll change the date noted at the top of the policy. In some cases we may also notify you of the relevant changes by email or within our Services. Please review this policy regularly to make sure that you understand your relationship with us and the ways we may collect, use, and share information in connection with our Services.
11. CONTACT US
If you have questions or concerns about our Services (such as game-related issues, trouble accessing your Demaal account, bugs or other technical problems, payment matters, or content and entitlement issues), please contact our Support team by email at support@demaal.com.
If you want to learn more about our privacy practices or this policy, please email your questions about our products and services to support@demaal.com.
DEMAAL STUDIOS IN-GAME CODE OF CONDUCT
Updated: February 20, 2023
Hunters of Demaal video game offers a fun and safe place to interact with one another. We encourage our players to cooperate and compete in our games, but crossing the line into abuse is never acceptable. If you come across a player violating the policies below, you should report them.
Communication
When participating in communication of any kind (chat, voice communication, group finder), you are responsible for how you express yourself. You may not use language that could be offensive or vulgar to others.
Hate speech and discriminatory language is inappropriate, as is any obscene or disruptive language. Threatening or harassing another player is always unacceptable, regardless of language used. Violating any of these expectations will result in account restrictions. More serious and repeated violations will result in greater restrictions.
Naming
Names are subject to the same rules established above. Any name the player has the ability to customize — such as account username or in-game pack names — must be appropriate and inoffensive. Any name that violates our standards or disrupts the community will be changed, and additional limitations may be placed on the offending account per our discretion. Take note that acceptable names are determined by player reports and Demaal's decision.
Cheating
You are responsible for how you and your account are represented in the game. Using third-party programs to automate any facet of the game, exploiting bugs, or engaging in any activity that grants an unfair advantage is considered cheating.
Exploiting other players is an equally serious offense. Scamming, account sharing, win-trading, and anything else that may degrade the gaming experience for other players will receive harsh penalties.
Behavior
Behavior that intentionally detracts from others' enjoyment is unacceptable. We expect our players to treat each other with respect and promote an enjoyable environment. Acceptable behavior is determined by player reports and Demaal's decision, and violating these guidelines will result in account and gameplay restrictions.
While we encourage you to report players that are behaving in a disrespectful manner, falsely reporting another player with the sole intent of restricting their gameplay is also unacceptable and will result in penalties to your account.
If you're unsure if your actions violate this code of conduct, reconsider them. We reserve the right to restrict offending accounts as much as necessary to keep Hunters of Demaal a fun experience for all players.