Terms of Service
Effective: December 10, 2019
OVERVIEW
This Terms of Service agreement (“Agreement”) is an agreement between Dabble, LLC, an Oregon limited liability company (“Dabble”, “we”, or “our”), and you (“you” or “your”).
This Agreement governs your access to or use of our website, products, applications, and software (“Services”). By accessing, downloading, or using any part of the Services, you agree to be bound by this Agreement. This Agreement affects your legal rights and obligations. If you do not agree to be bound by this Agreement, do not access or use the Services.
UPDATES TO TERMS
We may update or modify this Agreement at any time, and will notify you of any update or modification. Your use of the Services following any update or modification constitutes your agreement to follow and be bound by the Agreement as updated or modified. The updates or modifications will not be retroactive, and the most current version of the Agreement that you have agreed to will govern.
INTELLECTUAL PROPERTY
The Services are subject to trademark, service mark, trade dress, copyright, or other intellectual property rights held by Dabble. No right, title, or interest in any of the Services is transferred to you as a result of this Agreement. We only provide you with the license to use or access the Services as provided in this Agreement.
LICENSE
The Services, including our card game and game software, are provided to you for entertainment purposes only. The Services are licensed to you for use by a single user. By accepting this Agreement, we grant you a personal, worldwide, royalty free, nonassignable, nonsublicensable, revocable, and nonexclusive license to access, download, and use the game software (“License”), provided that you: (i) shall not transfer, give access to, copy, or distribute any part of the Services without our prior written consent; (ii) shall not attempt to reverse engineer, alter, disrupt, or modify any part of the Services; and (iii) comply with this Agreement. We retain all rights in our software, and you acknowledge and agree that you have no rights in the software outside of this License.
PRIVACY TERMS
We currently do not collect any user data or personally identifiable information.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and services delivered to you through the Services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Dabble, LLC, our owners, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors (“Dabble Parties”) be liable for any injury, loss, claim, or any direct, indirect, incidental, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You acknowledge and agree that: (i) you are aware of the risks involved in using the Services; (ii) you accept and assume the full risk of any property damage or injuries, including personal injuries, and expenses that occur as a result of using the Services; and (iii) you understand that the Dabble Parties assume no responsibility and are not liable for any damage or loss suffered by you in connection with the Services. You acknowledge and agree that you waive, release, and discharge the Dabble Parties from any claim or liability of any kind, now known or later discovered, arising out of your use of the Services. This Agreement applies to any claim even if caused by negligence.
INDEMNIFICATION
You agree to indemnify, defend and hold the Dabble Parties harmless from any claims, actions, damages, liabilities, losses, or costs, including attorneys’ fees and costs incurred in the settlement or avoidance of any such claim, incurred by or asserted against any of the Dabble Parties resulting from or arising in connection with: (i) your access to or use of the Services; or (ii) any breach or alleged breach by you of any of your representations, warranties, covenants, or obligations under this Agreement.
TERMINATION
We may suspend or terminate your accounts or this Agreement, or cease providing you with all or part of the Services, at any time and will make reasonable efforts to notify you of such action.
GENERAL
This Agreement constitutes the entire agreement between the parties and supersedes all prior understanding, whether written or oral. Except as provided in this Agreement, no term or condition of this Agreement may be amended or deemed waived, except by a writing signed by the parties that refers to this Agreement. If any term or part of a term of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect. This Agreement will be governed by and construed in accordance with the laws of the state of Oregon, without regard to conflict of laws principles. Any claim arising out of this Agreement, including tort claims, must be resolved in Multnomah County, Oregon.
CONTACT INFORMATION
Questions about this Agreement should be sent to us at [email protected].