Terms and Conditions

1. Agreement to Terms

Welcome to Damek Studios. These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Damek Studios ("we," "us," or "our") regarding your access to and use of our games, websites, applications, and services (collectively, the "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.

2. Eligibility

You must be at least 13 years old (or the age of majority in your jurisdiction) to use our Services. If you are under 18, you represent that you have obtained permission from your parent or legal guardian to use our Services. By using our Services, you represent and warrant that you meet these eligibility requirements.

3. License to Use Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal, non-commercial use.

3.1 Restrictions

You agree not to:

• Modify, adapt, translate, or reverse engineer any portion of the Services.
• Remove any copyright, trademark, or other proprietary notices from the Services.
• Use the Services for any commercial purpose without our express written consent.
• Use any automated system, including robots, spiders, or scrapers, to access the Services.
• Interfere with or disrupt the Services or servers connected to the Services.
• Attempt to gain unauthorized access to any portion of the Services.
• Use the Services to transmit viruses, malware, or other harmful code.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.

4. User Accounts

Some features of our Services may require you to create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information.
• Maintain the security of your account credentials.
• Accept responsibility for all activities that occur under your account.
• Notify us immediately of any unauthorized use of your account.

We reserve the right to suspend or terminate your account if we suspect any unauthorized or fraudulent activity.

5. User Content

Our Services may allow you to create, submit, or share content ("User Content"). You retain ownership of your User Content, but you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Services.

5.1 User Content Guidelines

You agree that your User Content will not:

• Violate any applicable laws or regulations.
• Infringe upon the intellectual property rights of others.
• Contain hate speech, harassment, threats, or discriminatory content.
• Contain sexually explicit, violent, or offensive material.
• Promote illegal activities or substances.
• Contain spam, advertising, or promotional content without our consent.
• Impersonate others or misrepresent your identity or affiliation.

We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable, without prior notice.

6. Intellectual Property Rights

All content, features, and functionality of the Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation thereof (collectively, "Content"), are the exclusive property of Damek Studios or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not use, copy, reproduce, modify, distribute, display, or create derivative works of any Content without our express written permission.

7. In-App Purchases and Virtual Items

Some of our Services may offer in-app purchases or virtual items. All purchases are final and non-refundable, except as required by applicable law. Virtual items have no real-world value and cannot be exchanged for cash or other items of value.

We reserve the right to modify, manage, control, or eliminate virtual items at any time, with or without notice. We shall have no liability to you or any third party if we exercise such rights.

8. Third-Party Services and Links

Our Services may contain links to third-party websites, applications, or services that are not owned or controlled by Damek Studios. We are not responsible for the content, privacy policies, or practices of any third-party services. You acknowledge and agree that we shall not be liable for any damage or loss caused by your use of any third-party services.

9. Disclaimers and Limitation of Liability

9.1 Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that:

• The Services will be uninterrupted, secure, or error-free.
• The results obtained from using the Services will be accurate or reliable.
• Any errors in the Services will be corrected.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAMEK STUDIOS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Services.
• Any conduct or content of any third party on the Services.
• Any content obtained from the Services.
• Unauthorized access, use, or alteration of your transmissions or content.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE LAST SIX (6) MONTHS, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

10. Indemnification

You agree to indemnify, defend, and hold harmless Damek Studios, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or relating to:

• Your use of the Services.
• Your violation of these Terms.
• Your violation of any rights of another party.
• Your User Content.

11. Termination

We reserve the right to suspend or terminate your access to the Services at any time, with or without cause, with or without notice, effective immediately. Upon termination, your right to use the Services will immediately cease.

You may terminate your account at any time by contacting us at [email protected].

All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Nepal, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Services shall be resolved through good faith negotiations. If the dispute cannot be resolved through negotiations, it shall be submitted to the competent courts of Nepal.

13. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If we make material changes, we will provide notice through the Services or by other means. Your continued use of the Services after such notice constitutes your acceptance of the new Terms.

It is your responsibility to review these Terms periodically for changes. If you do not agree to the modified Terms, you must stop using the Services.

14. Google Play Store Compliance

For users who download our games from the Google Play Store, you acknowledge and agree that:

• These Terms are between you and Damek Studios, not Google.
• Google has no obligation to provide maintenance or support services for the Services.
• Google is not responsible for addressing any claims relating to the Services.
• In the event of any third-party claim that the Services infringe intellectual property rights, Damek Studios, not Google, shall be responsible for the investigation, defense, settlement, and discharge of such claim.
• Google and its subsidiaries are third-party beneficiaries of these Terms and have the right to enforce these Terms against you.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Services, constitute the entire agreement between you and Damek Studios regarding the Services and supersede all prior agreements and understandings.

17. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Damek Studios.

18. Assignment

You may not assign or transfer these Terms or your rights and obligations under these Terms without our prior written consent. We may assign or transfer these Terms at any time without restriction.

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.