Welcome to Dmarkest. These Terms of Service ("Terms") govern your access to and use of our website, products, and services. Please read these Terms carefully before using our services.
By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.
1. Agreement to Terms
By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy. If you are using our services on behalf of a company, organization, or other entity, you represent that you have the authority to bind that entity to these Terms, and "you" refers to that entity.
2. Definitions
In these Terms, the following definitions apply:
- "Account" means the account created by a User to access and use the Services.
- "Content" means any text, graphics, images, music, software, audio, video, information, or other materials appearing on or through the Services.
- "Dmarkest," "we," "us," or "our" refers to Dmarkest, a company registered in the United Kingdom with registration number 66888346.
- "Intellectual Property Rights" means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.
- "License" means the rights granted to you to use the Products as specified in these Terms and any additional license terms provided with the Products.
- "Products" means the game templates, assets, and other digital items offered for sale or download through the Services.
- "Services" means the website operated by Dmarkest at dmarkest.com, including all content, functionality, and services offered on or through the website.
- "User," "you," or "your" means an individual who accesses or uses the Services.
- "User Content" means any Content that a User posts, uploads, publishes, submits, or transmits to be made available through the Services.
3. Account Registration and Use
3.1 Account Creation
To use certain features of our Services, you may need to register for an Account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for safeguarding your password and for all activities that occur under your Account. You agree to notify us immediately if you suspect any unauthorized use of your Account.
3.2 Age Requirement
You must be at least 18 years old to create an Account and use our Services. By creating an Account, you represent and warrant that you are at least 18 years old.
3.3 One Account Per User
You may not create more than one Account without our express permission. We reserve the right to terminate any duplicate Accounts.
3.4 Account Termination
We reserve the right to suspend or terminate your Account at any time for any reason, including but not limited to violation of these Terms. You may also terminate your Account at any time by contacting our customer service.
4. Products and Licenses
4.1 Product Descriptions
We strive to provide accurate descriptions of our Products. However, we do not warrant that Product descriptions or other content on the Services are accurate, complete, reliable, current, or error-free.
4.2 License Grant
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Products you purchase or download for your personal or commercial projects in accordance with the specific license terms provided with each Product.
4.3 License Restrictions
Unless explicitly stated otherwise in the specific license terms for a Product, you may not:
- Sell, rent, lease, lend, redistribute, sublicense, or otherwise make the Products available to any third party
- Use the Products to create derivative works for sale or distribution as stock assets, templates, or similar products
- Use the Products in any way that allows third parties to extract or access them as standalone files
- Use the Products in products that compete directly with Dmarkest
- Claim ownership of the Products or remove any copyright notices or attribution
4.4 Intellectual Property Rights
All Intellectual Property Rights in and to the Products remain with Dmarkest or its licensors. The license granted to you does not transfer ownership of any Intellectual Property Rights in the Products.
5. Payments and Refunds
5.1 Pricing
All prices for Products are shown in the currency indicated on the Services and do not include applicable taxes unless explicitly stated. We reserve the right to change prices at any time.
5.2 Payment Methods
We accept various payment methods as indicated on our website. By providing a payment method, you represent and warrant that you are authorized to use the payment method and authorize us to charge your payment method for the total amount of your purchase.
5.3 Refunds
Our refund policy is described in our separate Refund Policy, which is incorporated into these Terms by reference. Please review our Refund Policy for information about when refunds may be available.
6. User Content
6.1 Ownership of User Content
You retain all Intellectual Property Rights in and to any User Content you submit, post, or display on or through the Services. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit such User Content in connection with operating and providing the Services.
6.2 User Content Representations and Warranties
You are solely responsible for your User Content and the consequences of posting or publishing it. By posting or publishing User Content, you represent and warrant that:
- You are the creator and owner of the User Content or have the necessary licenses, rights, consents, and permissions to authorize us to use your User Content as specified in these Terms
- Your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person or entity
- Your User Content does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
6.3 Content Removal
We reserve the right to remove any User Content that violates these Terms or that we determine in our sole discretion is harmful, offensive, or otherwise inappropriate.
7. Prohibited Conduct
You agree not to engage in any of the following prohibited activities:
- Violating any applicable law, regulation, or these Terms
- Using the Services for any illegal purpose or in violation of any local, state, national, or international law
- Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity
- Interfering with or disrupting the Services or servers or networks connected to the Services
- Attempting to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services
- Using any robot, spider, crawler, scraper, or other automated means to access the Services or to extract data
- Using the Services to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation
- Collecting or harvesting any personally identifiable information from the Services
- Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services
- Engaging in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Services
8. Intellectual Property
8.1 Dmarkest Intellectual Property
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Dmarkest, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
8.2 Trademarks
The Dmarkest name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Dmarkest or its affiliates or licensors. You must not use such marks without the prior written permission of Dmarkest.
8.3 Copyright Infringement
If you believe that any Content on the Services infringes upon your copyright, please contact us with the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
- Identification of the copyrighted work claimed to have been infringed
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material
- Your contact information, including your address, telephone number, and email address
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner
9. Disclaimers
THE SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
DMARKEST DOES NOT WARRANT THAT: (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DMARKEST, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES OR PRODUCTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DMARKEST ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (C) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (D) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; OR (F) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES.
IN NO EVENT SHALL THE TOTAL LIABILITY OF DMARKEST TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO DMARKEST IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
11. Indemnification
You agree to defend, indemnify, and hold harmless Dmarkest, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.
12. Termination
We may terminate or suspend your Account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use the Services will immediately cease. If you wish to terminate your Account, you may simply discontinue using the Services or contact us to request Account deletion.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. General
13.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.
13.2 Dispute Resolution
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in London, United Kingdom, using the English language in accordance with the Arbitration Rules and Procedures of the United Kingdom effective at the time the arbitration is initiated.
13.3 Entire Agreement
These Terms constitute the entire agreement between you and Dmarkest regarding the Services and supersede all prior and contemporaneous written or oral agreements between you and Dmarkest.
13.4 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
13.5 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction.
13.6 Notices
Any notices or other communications provided by Dmarkest under these Terms will be given by posting to the Services or by email to the address you provide to us. When you communicate with us electronically, you consent to receive communications from us electronically.
13.7 Force Majeure
We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
