Last Modified: October 26, 2021
Terms of Use
These Terms of Use describe the legally binding terms and conditions that oversee your use of our website (
darknessblade.com or "Website") and any of its related
products, games, computer software and services (collectively, "Services"). By accessing and using our Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement.
Certain features of our Services may be subject to additional guidelines, terms, or rules, which will be posted on our Website in connection with such features.
All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These Terms do not supersede any End User License Agreement (the "EULA") that may accompany a Darkness Blade service (each a “Service”) or any other specific terms of use that may accompany a
Service (the “Service-specific Terms”). The EULA governs your use of any Service client software you download and install onto your computer or device. These Terms govern your use
of our Services in general. If any of these Terms conflict with terms contained in the EULA and/or any Service-specific Terms, the terms in the EULA and/or the Service-Specific Terms shall govern.
You must be at least 18 years of age to use our Services. Insofar as certain countries or currently active laws in your region apply a higher age of consent for the collection of personal data, Darkness Blade requires you to be above that threshold.
If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your"
shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use our Services. You
acknowledge that this Agreement is a contract between you and Darkness Blade, even though it is electronic and is not physically signed by you, and it governs your use of our Services.
If at any point for any reason you do not agree to any portion of the then-current version of our Terms, or any other Darkness Blade policy, rules or codes of conduct relating to your use of our Services, your license to use our Services shall immediately terminate and you must immediately remove any software installed on your computer or device and stop using our Services.
Who we are
We are the provider of Darkness Blade Services, as of right now we are just a team of developers. Darkness Blade is currently headquartered in Greece. The team leader is Stylianos Tsagkarakis (see
About us to see who that is), he is responsible for any actions Darkness Blade takes. (hereinafter: "Darkness Blade", "we", “our”, or "us").
The
darknessblade.com website and all Darkness Blade Services are copyrighted work belonging to Stylianos Tsagkarakis.
1) Access to our Services.
1-1) Subject to these Terms
Darkness Blade grants you a non-transferable, non-exclusive, revocable, limited license to use and access our Services solely for your own personal, noncommercial use.
1-2) Certain Restrictions
The rights approved to you in these Terms are subject to the following restrictions:
- You shall not sell, rent, exchange, lease, transfer, assign, distribute, host, or otherwise commercially exploit our Services.
- You shall not change, make derivative works of, translate, disassemble, decompile, reverse compile or reverse engineer any part of our Services.
- You shall not access our Services in order to build similar or competitive services.
- Except as expressly stated herein, no part of our Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated,
any future release, update, or other addition to functionality of our Services shall be subject to these Terms. All copyright and other proprietary notices on our Services must be retained on all copies thereof.
Darkness Blade reserves the right to change, suspend, or cease our Services with or without notice to you. You approved that Darkness Blade will not be held liable to you or any third-party for any change,
interruption, or termination of our Services or any part.
1-3) No Support or Maintenance
You agree that Darkness Blade will have no obligation to provide you with any support in connection with our Services.
Excluding any 'User Content' described in the
Content Section that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in our
Services and their Content are owned by Darkness Blade or Darkness Blade’s suppliers. Note that these Terms and access to our Services do not give you any rights, title or interest in or to any intellectual property
rights, except for the limited access rights expressed in the
Subject to these Terms Section. Darkness Blade and its suppliers reserve all rights not granted in these Terms.
2) Other Policies.
2-1) Cookies Policy
Like any other websites, our Website uses ‘cookies’. You can read more about the cookies we use and their purpose in our
Cookies Policy.
2-2) Privacy Policy
You acknowledge that your use of our Services is also subject to Darkness Blade's
Privacy Policy, a copy of which can be found in our Website.
2-3) Fan Art Policy
In reference to the terms used in our
Content, Darkness Blade appreciates the interest shown by our fans that create fan art, fan fiction, and audio-visual works that reference our Content ("Fan Art").
We want fans to create and share cool things with each other, and we want to remove barriers to sharing.
At the same time, we spend a lot of time, thought, and money creating our Content and need to protect it.
You may use, reproduce, publish, perform, display and distribute Fan Art that incorporates our Content however you wish, so long as you comply with the following restrictions:
You may not create commercial Fan Art, including any Fan Art that crowdsources any portion of its funding, any Fan Art that involves a business or legal entity, or any Fan Art where you gate the content with a paywall (like Patreon, YouTube Premium, etc.) without a written license agreement from us.
*You are however permitted to promote your Fan Art on websites, streams, or videos and passively generate revenue through appropriate advertisements, including pre-roll ads, ad breaks, and sponsor ad overlays.
We permit individuals to solicit personal donations or offer subscription-based content while live-streaming, so long as non-subscribers can still watch the live-stream concurrently.
You may not use any of our logos or trademarks anywhere in your Fan Art or on any website, advertising material, video, or other publication unless you have a written license agreement with us.
You may not register domain names, social media accounts, or similar stuff that uses Darkness Blade or any of our trademarks, trade names, character names, etc.
If you share your Fan Art with others, let people know it’s Fan made and not a Darkness Blade product.
You agree that we may use, copy, modify, distribute, and make derivative works of your Fan Art in any form, on a royalty-free, non-exclusive, irrevocable, transferable, sub-licensable, worldwide basis, for any purpose and without having to credit you, pay you anything, or obtain your approval.
We reserve the right to change this Policy at any time by posting the revised Policy to our website.
Any existing Fan Art that no longer complies with this Policy due to a change in the Policy must be modified to be compliant with the Policy.
2-4) Refund Policy
We have a strict policy on refunds.
In reference to the terms used in our
Virtual Currency, you may have purchased our Virtual Currency called DBP (Darkness Blade Points) with real money.
If you use real money to purchase Virtual Currency without spending any of that purchased Virtual Currency, you can request a refund within the first 14 days of purchase, except as otherwise legally required.
Refunds for real money will only be issued to the form of payment you used to purchase the Virtual Currency.
For example, if you paid via credit card, the refund will be issued to the same credit card.
We can only issue you a refund if the form of payment you used to purchase the Virtual Currency or Content has the ability to process refunds.
For example, we can issue you a refund for payments made via credit/debit card or PayPal, but not for gift cards and prepaid cards.
(If your payment method doesn’t allow for refunds, we will try our best to refund your purchase for an appropriate amount of Virtual Currency).
Separate refund rules apply if you made your purchase via a third-party platform (such as the Apple App Store or Google Play Store).
We will do our best to refund 100% of your purchase but please note that refunds are subject to fees by the bank/service you used. For example if you bought DBP from us with your PayPal and request a refund, they might keep a cut of your transaction. Always read their policy about refunds first.
2-4-1) How to Get Your Refund
In most cases, you can request a refund by signing in to the Account that made the purchase through our Website and request your Purchase History.
There you will find a "Refund" button next to each purchase that is eligible for a refund.
If you cannot find the information you need or would like to request a refund on Content that is not supported through those means, please get in touch with us as described in our
Contact information.
The refund may take a few business days.
2-4-2) Donations
Generally donations are not refundable. That being said if you donated by mistake or you got double charged due to some error, you can ask us for a refund within the first 14 days of donation, except as otherwise legally required.
Refunds in patreon are handled directly through patreon. Be sure to read their
policy about refunds.
2-4-3) Accidental purchases
As long as you haven't used the Virtual Currency, you can refund it yourself as described in
How to Get Your Refund.
2-4-4) Content Refunds
Content you purchase with Virtual Currency or other In-game Currency is not refundable.
There are some exceptions to this rule, but unless any applicable laws require otherwise, refunds are only available for Content that is on the list of refundable Content below:
Refundable Content
- DBP (Darkness Blade Points) to In-game Currency conversion that was made no more than 14 days ago and so long as the converted In-game Currency is not used.
- User icons that were purchased no more than 14 days ago and have never been equipped in your Account before.
Non-Refundable Content examples
- Username changes (because your old name might have been already taken and username changes take effect immediately).
- Account Tiers (because Account Tiers activate immediately and cannot have that time refunded).
- Earned Content (including In-game Currency and anything not bought with real money).
- Promotional Content.
- Gifts and Vouchers (sent or received).
- Individual items from a bundle.
- Any Used Content (we consider content "used" if you've used it in a Service or it takes effect immediately).
3) Disclaimers.
You assume all responsibility for the installation and use of, and results obtained from our Services.
Our Services are provided on an "as-is" and "as available" basis, and Darkness Blade and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or
statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make not guarantee that our
Services will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or
safe. If applicable law requires any warranties with respect to our Services, all such warranties are limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
4) Accounts and membership.
The minimum age to create a Darkness Blade user account (“Account”) is 18.
Insofar as certain countries or currently active laws in your region apply a higher age of consent for the collection of personal data, Darkness Blade requires you to be above that threshold.
By using our Services and by agreeing to this Agreement you warrant and represent that you are above that threshold.
If you create an Account for our Services, you are responsible for maintaining the security of your Account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it.
We may, but have no obligation to, monitor and review new accounts before you may sign in and start using our Services. Providing false contact information of any kind may result in the termination of your account.
Notwithstanding anything to the contrary in these Terms, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and that all rights in and to your Account are and shall forever be owned by Darkness Blade.
4-1) Account sharing, selling, liability
You can’t share your Account or unique combination of password and email (collectively, your “Credentials”) with anyone.
You can’t sell, transfer or allow any other person to access your Account or Credentials, or offer to do so.
You must keep your Credentials secret.
You must immediately notify us of any unauthorized uses of your Account or any other breaches of security, including any unauthorized account access or any loss, theft or unauthorized use or disclosure of your Credentials or payment info so we can take appropriate steps.
We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
You are responsible for all losses (including loss or use of Content) on your Account where you have shared your Credentials or have failed to keep your Account or Credentials secure.
4-2) Account termination
We may suspend, disable, or terminate your account (or any part thereof) without notice to you if we reasonably determine, that:
- You have violated any provision of this Agreement.
- Is required for upholding a third party’s rights.
- We have stopped offering our Services in your region.
- You have failed to pay any fees you owe us or we have to refund someone due to unauthorized use of a payment made from your Account.
- You have made unauthorized use of someone else’s payment info.
- Your conduct or User Content would tend to damage our reputation and goodwill.
If we terminate your Account, you’ll no longer have access to your Account, any license granted by us to you in the Services and any Content ends immediately, you may not re-register for our Services, you must immediately remove any software installed on your computer or device and stop using our Services.
Any of the associated data or Content (including any Currencies) will be lost, you will not be entitled to any refunds and we will have no liability to you.
We may block your email address and Internet protocol address to prevent further registration.
You can terminate your Account at any time by following the instruction in our
Privacy Policy
If you abandon your account for a very long period of time (at least a year), we may terminate it after giving you notice and an opportunity to re-activate it
You understand and agree that using the Darkness Blade Services comes with the risk that your Account may be terminated or suspended in accordance with these Terms and that, whenever you use our Services, you’ll bear this risk in mind and always conduct yourself appropriately.
5) Content.
Any data, post, upload, transmit, information, text, software, music, sound, photograph, graphic, image, video, message, tag or other material, including, user accounts, computer code, titles, objects, artifacts, characters, character names, chat logs, game recordings and broadcasts, locations,
location names, stories, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, virtual currency, in-game currency, audio-visual effects, character likenesses, methods of operation and gameplay (collectively, “Content”) shall be refered as Content.
We own and reserve all rights, title and interest in and to the Darkness Blade Services, and all data and Content posted, generated, provided or otherwise made available in or through our Services.
When you click to purchase, earn or are gifted Content, you only get a license to access that Content.
You have no ownership in any of the Content you receive.
When you obtain Content from us, what we are actually giving you is a personal, non-exclusive, non-transferable, non-sublicenseable, revocable, limited right and license to use that Content only in connection with your use of the applicable Darkness Blade Services.
You can’t obtain any refunds for purchasing a license to access Content, except as expressly permitted by us. You can read more in our
Refund Policy.
In an effort to constantly improve our Services, evolve our games and keep our Services, safe, fun, and secure, we have the right to delete, alter, move, remove, re-package, re-price, or transfer any and all Content, including User Content, in whole or in part, at any time, with or without notice to you, and with no liability of any kind to you.
5-1) User Content
"User Content" means any and all the Content that a user submits to our Services in the course of using them. You are exclusively responsible for your User Content.
You bear all risks associated with use of your User Content. You hereby certify that your User Content does not violate our
Acceptable Use Policy. You may not represent or imply to others that your User Content
is in any way provided, sponsored or endorsed by Darkness Blade. Because you alone are responsible for your User Content, you may expose yourself to liability. Darkness Blade is not obliged to backup any User
Content that you post. Your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.
You hereby grant to Darkness Blade an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate
into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in our Services. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.
5-2) Acceptable Use Policy
The following terms constitute our "Acceptable Use Policy".
You agree not to use our Services to collect, upload, transmit, display, or distribute any User Content :
- That violates any third-party right or any intellectual property or proprietary right.
- That is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual.
- That is harmful to minors in any way.
- That is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to:
- Upload, transmit, or distribute to or through our Services any software intended to damage or alter a computer system or data.
- Send through our Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages.
- Use our Services to harvest, collect, gather or assemble information or data regarding other users without their consent.
- Interfere with, disrupt, or create an undue burden on servers or networks connected to our Services, or violate the regulations, policies or procedures of such networks.
- Attempt to gain unauthorized access to our Services, whether through password mining or any other means.
- Harass or interfere with any other user’s use and enjoyment of our Services.
- Use software or automated agents or scripts to produce multiple accounts on our Services, or to generate automated searches, requests, or queries to our Services.
We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the
Acceptable Use Policy or any other provision of these Terms
or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account and/or reporting you to law enforcement authorities.
If you provide Darkness Blade with any feedback or suggestions regarding our Services, you hereby assign to Darkness Blade all rights in such Feedback and agree that Darkness Blade shall
have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate. Darkness Blade will treat any Feedback you provide to Darkness Blade as non-confidential and non-proprietary.
5-3) Adult content
Our Services may not be available to children under 18 under any circumstances.
Please be aware that there may be certain adult or mature content available on our Services. A warning will be shown to the User prior to adult content being displayed.
Where there is mature or adult content, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content.
If we learn that anyone under the age of 18 seeks to conduct a transaction through our Services, we will suspend, disable, or delete your Account.
If we suspend or disable your Account for the foregoing reasons, you may request us to delete it in accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA").
5-4) Currencies
When using our Services, we may provide you with opportunities to acquire a limited license to access parts of our Content used for exchanges within our Services (namely, "Currencies") associated with your Account.
When you click to purchase, earn or are gifted Currencies, you only get a license to access that Content.
You have no ownership or other property interest in any of the Currencies you unlock, regardless of how you acquired access to it.
Currencies have no monetary value. You can’t transfer (unless we allow it in the functionality of our Services) or redeem Currencies for any type of "real world" money.
You can’t obtain any refunds for purchasing a license to access any Currencies, except as expressly permitted by us. You can read more in our
Refund Policy.
You further acknowledge and agree that you have no title, ownership, or other proprietary interest in any Currencies, regardless of any consideration offered or paid in exchange.
Furthermore, except in cases of willful misconduct or gross negligence, or to the extent these Terms say otherwise, Darkness Blade shall not be liable in any manner for the destruction, deletion, modification, impairment, hacking, or any other damage or loss of any kind caused to Currencies, including the deletion of Currencies upon the termination or expiration of your Account or our reasonable changes to our Services.
5-4-1) In-game Currency
Our games have a variety of currencies (e.g., gold, crystals, shards), those currencies are the so called (“In-game Currency”).
In-game Currency is generally game specific and can’t be used outside of the specific game it was acquired unless otherwise allowed by us.
5-4-2) Virtual Currency
Currently we only have one Virtual Currency that is called Darkness Blade Points ("DBP").
A limited license to access Virtual Currency can be:
- Purchased with real money (like when you buy DBP with your credit card).
- Earned (like when you accomplish game missions, tasks or events).
- Received (like when another user gifts it to you).
Virtual Currency is not bound to a single Darkness Blade Service and may be shared between our Services as we allow it.
If you use real money to purchase Virtual Currency without spending any of that purchased Virtual Currency, you can request a refund within the first 14 days of purchase, except as otherwise legally required.
You can read more in our
Refund Policy.
You’re solely responsible for paying any applicable taxes related to acquiring, using, or accessing Virtual Currency. Virtual Currency may be sold or issued by us in bundles and the price may vary depending on the amount you purchase and where you’re purchasing.
The price and availability of Virtual Currency is subject to change. We may restrict how much Virtual Currency you can purchase and/or use based on your location as we have different approaches in different locations.
You should verify that the proper amount of Virtual Currency has been added to or deducted from your Account during any given transaction.
Please notify us immediately if you believe that a mistake has been made with respect to your Virtual Currency balance. We’ll investigate your claim, and in doing so, may request some additional info to verify it.
6) Backups.
We are not responsible for the Content residing on our Services. In no event shall we be held liable for any loss of any Content.
It is your sole responsibility to maintain appropriate backup of your Content.
Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes.
We make no guarantee that the data you need will be available.
7) Third-Party Links, Ads, Affiliate links.
Our Services may contain links to third-party websites and services and/or display advertisements for third-parties.
Such Third-Party Links and Ads are not under the control of Darkness Blade, and Darkness Blade is not responsible for any Third-Party Links and Ads.
Darkness Blade provides access to these Third-Party Links and Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links and Ads.
You use all Third-Party Links and Ads at your own risk, and should apply a suitable level of caution and discretion in doing so.
When you click on any of the Third-Party Links and Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
Although our Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein.
Some of the links on our Website may be "affiliate links".
This means if you click on the link and purchase an item, Darkness Blade will receive an affiliate commission.
We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties.
You should carefully review the legal statements and other conditions of use of any resource which you access through a link on our Services.
Your linking to any other off-site resources is at your own risk.
8) Prohibited uses.
In addition to other terms as set forth in the Agreement, you are prohibited from using our Services or Content:
- For any unlawful purpose.
- To solicit others to perform or participate in any unlawful acts.
- To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances.
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
- To submit false or misleading information.
- 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 our Services, third party products and services, or the Internet.
- To spam, phish, pharm, pretext, spider, crawl, or scrape.
- For any obscene or immoral purpose.
- To interfere with or circumvent the security features of our Services, third party products and services, or the Internet.
We reserve the right to terminate your use of our Services for violating any of the prohibited uses.
9) Epilepsy Warning.
Please note that certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns in everyday life.
Such people may have a seizure while watching certain monitor images or playing certain video games.
This may happen even if the person has no medical history of epilepsy or has never had any epileptic seizures.
If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, consult your doctor prior to using our Services.
If you experience any of the following symptoms: dizziness, blurred vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement or convulsion, while using our Services, IMMEDIATELY discontinue use of our Services and consult your doctor.
Please also note that when using our Services you should take certain standard health and safety precautions, including avoiding playing games when tired and not had much sleep, taking 10 to 15 minute breaks every hour, sitting a reasonable distance from the screen, and looking at your screen in a well-lit environment.
10) Intellectual property rights.
"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right
to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights
to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world.
This Agreement does not transfer to you any intellectual property owned by Darkness Blade or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Darkness
Blade. All trademarks, service marks, graphics and logos used in connection with our Services, are trademarks or registered trademarks of Darkness Blade or its licensors. Other trademarks, service marks, graphics and logos used
in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any of Darkness Blade or third party trademarks.
11) Limitation of liability.
To the fullest extent permitted by applicable law, in no event will Darkness Blade, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect,
incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business
interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty,
negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability
of Darkness Blade and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one euro or any amounts actually paid in cash by you
to Darkness Blade for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Separately, we won’t have responsibility for any damage which arises because you failed to install any update when it is made available by Darkness Blade or where you fail to maintain the minimum system specifications required.
12) Indemnification.
You agree to indemnify and hold Darkness Blade and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of:
- Your use of our Services.
- Your violation of these Terms.
- Your violation of applicable laws or regulations.
- Your User Content.
Darkness Blade reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
You agree not to settle any matter without the prior written consent of Darkness Blade. Darkness Blade will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
You hereby release and forever discharge the Darkness Blade and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute,
claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly
to, our Services. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the
creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
13) Severability.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited
to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or
unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof,
and all such remaining provisions or portions thereof shall remain in full force and effect.
14) Dispute resolution.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Greece without regard to its rules on conflicts or
choice of law and, to the extent applicable, the laws of Greece. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Greece, and you hereby
submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the
International Sale of Goods does not apply to this Agreement.
15) Changes and amendments.
We reserve the right to modify this Agreement or its terms relating to our Services at any time, effective upon posting of an updated version of this Agreement on our Website. When we do, we will
post a notification on the main page of our Website. Continued use of our Services after any such changes shall constitute your consent to such changes.
16) Acceptance of these terms.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using our Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use our Services.
17) Copyright Claims and Infringement.
Darkness Blade respects the intellectual property rights of others, and we ask that everyone using our Services to do the same.
It is our policy to terminate Accounts in appropriate circumstances of users who infringe the rights of copyright holders.
If you’re a copyright owner, are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Services by sending us an email with the title "Copyright Notice" at the email we have in our
Contact information containing all of the following:
- Identification of the copyrighted work that you claim has been infringed (if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed).
- Identification of the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Website where such material may be found.
- Provide your email address, telephone number, and mailing address.
*Attachments cannot be accepted at the email address for security reasons. Accordingly, any Notice submitted electronically with an attachment will not be received or processed.
Please note that the Notices are legal notices and that Darkness Blade may provide copies of such notices to the participants in the dispute or to third parties, at its discretion or as required by law.
Upon receipt of such a Notice, Darkness Blade will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from our Services.
18) Contact information.
We believe in direct communication, if you would like to contact us to understand more about this Privacy Policy or wish to contact us concerning any matter relating to it, the best way to contact us is through our
Discord Server.
If you are not familiar with Discord you can send us an email at:
contact@darknessblade.com.
We usually reply within the same day.