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Terms Of Service

This End User License Agreement and Terms of Service (the "Terms") are an agreement between you and Dark Shadow Studio Pty Ltd, a reputable company based in Victoria, Australia. As the provider of the applications, Dark Shadow Studio, together with our dedicated team, affiliates, partners, shareholders, joint venturers, third-party contractors, employees, licensees, licensors, and agents, offer you access to our applications subject to the following Terms. By using the applications, you acknowledge, agree to, and give your consent to these Terms.

 

Please note that these Terms include our Dark Shadow Studio Privacy Policy, which can also be found on our website.

To ensure transparency and fairness, we reserve the right to amend these Terms at our discretion. We encourage you to review the most current version of these Terms periodically. Your continued use of the applications after the publication of an updated version of the Terms signifies your acknowledgment, agreement, and consent to the revised Terms.

By accepting these Terms, you agree to engage in electronic transactions and accept the storage of records related to these terms in electronic form.

When accessing and using the applications, you are obligated to comply with any posted rules, community guidelines, or policies. These regulations are an integral part of these Terms and are hereby incorporated by reference. Additionally, please note that we may offer other applications, games, or websites that are governed by different terms and conditions.

By using the applications, you confirm that you are at least 18 years old. If you are below the age of 18, you may only utilize the applications under the supervision of a parent or legal guardian. Prior to your use of the applications, your parent or legal guardian must review and agree to these Terms on your behalf. If you are under 13 years of age or considered a child according to the laws of your country, we kindly request that you refrain from submitting any Personal Information to us, as outlined in our Privacy Policy.

Dark Shadow Studio grants you a personal, non-exclusive, limited right, and license to install, store, and enjoy our applications, including future patches and updates. It is important to note that our applications are provided solely for personal use and entertainment purposes. Please be aware that the applications are not being sold, given, or otherwise transferred to you. Moreover, our EULA's or Terms of Service do not grant you any promotional use rights for our applications.

While we strive to regularly patch and enhance the applications throughout their active lifespan, it is crucial to acknowledge that Dark Shadow Studio provides the applications "AS IS" without any warranties and "with full faults."

The grant of the license, as set forth in these Terms, is specifically conditioned upon the following:

  1. Your acceptance of all the obligations outlined in these Terms, along with any additional requirements, rules, or obligations applicable to the specific applications you are using. Your use of the applications serves as evidence of your acceptance.

  2. Your commitment to comply with these Terms until such time that you decide to terminate your use of the applications. Termination requires deleting all aspects of the applications from your hardware and removing any application-related files.

  3. Your agreement to use the applications solely for personal purposes, running validly licensed copies of operating systems compatible with the applications' intended operation.

  4. Your agreement not to employ hacks, cracks, bots, or third-party software that may modify the code or user experience of the applications, whether on your local device or on servers enabling the use of application features.
     

By adhering to these conditions, you can fully enjoy the benefits of our applications while respecting the rights and integrity of the Dark Shadow Studio community.

Our Applications.

We offer users access to interactive software products that allow for engaging multiplayer gaming experiences on PC devices. These applications may be directly provided to you or made available through third-party services. To access the applications through these services, you may be required to download and install software and create an account. We create a Dark Shadow Studio server-side account for you, which is linked to your third-party account service. It is your responsibility to maintain the confidentiality of your passwords and usernames on these third-party services, and you are solely accountable for all activities carried out under your password or username. If you provide us or any third-party service provider with information about yourself during your interactions, including contact information, biographical details, and payment information, you agree that the information provided will be accurate, complete, and up to date. It is your responsibility to review all applicable policies and agreements related to the use of third-party services.

When using our applications, please be aware that your device may connect to or utilize third-party data networks, which may incur fees based on your usage of those networks. If your device is linked to a third-party network carrier, the carrier's regular rates and fees, such as text messaging and excess broadband fees, will still apply. In the event that you dispose of or transfer ownership of your PC device, you agree to uninstall and delete the applications before doing so. This ensures the protection of your data and prevents unauthorized access to the applications.

 

Copyright.

At Dark Shadow Studio, we have great respect for original intellectual property. We understand the immense effort, passion, and dedication that goes into creating unique games and content. If you believe that your copyrighted work has been used or replicated in a way that infringes copyright law, we kindly request that you notify us.
 

To ensure the effectiveness of your copyright infringement notification, it must comply with the provisions of the Digital Millennium Copyright Act ("DMCA"). We encourage you to review 17 U.S.C. Sec. 512(c)(3) of the DMCA or consult with an attorney before sending a notice to us.
 

To submit a copyright infringement notice, please include the following:

  1. An electronic or scanned signature of a person authorized to act on behalf of the copyright owner.

  2. Identification of the copyrighted work claimed to have been infringed.

  3. Identification of the material that is alleged to be infringing or the subject of infringing activity, along with enough information to help us locate the material.

  4. Contact information, such as a telephone number and email address, to allow us to reach you.

  5. A statement affirming that you have a good faith belief that the use of the material in question is not authorized by the copyright owner, its agent, or the law.

  6. A statement that the information provided in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.
     

Please send your copyright infringement notice to casey@darkshadowstudios.com.

Please note that the DMCA stipulates that you may be held liable for damages, including costs and attorney fees, if you knowingly misrepresent that material or activity is infringing.

Furthermore, please be aware that the information provided in your copyright infringement notice may be shared with the individual responsible for the allegedly infringing material. We appreciate your cooperation in helping us maintain a respectful and lawful environment for intellectual property rights.

Posts and Content By Users.

At Dark Shadow Studio, we value and appreciate your creativity and input. Our forums provide an excellent platform for you to share your ideas and suggestions with the vibrant community we have cultivated. Within these forums, our dedicated team of developers actively observes and quietly absorbs the wealth of unique concepts that resonate strongly with our fans and players.
 

We find tremendous inspiration in the ideas and suggestions shared by the community. Sometimes, we discover that our team has coincidentally contemplated the same ideas as those proposed by our community. Occasionally, these ideas align perfectly and bring forth exciting possibilities. However, there are instances where certain ideas may not be feasible for implementation. Rest assured, our decision-making process is carefully considered.

You may come across future features that closely resemble or even directly mirror ideas that have been suggested by the community. It is important to note that this does not necessarily mean we have directly used a specific suggestion. Frequently, we already have a predefined roadmap of features to pursue, but we may prioritize ideas that have gained significant support and endorsement from the community.

Nevertheless, we retain the exclusive right to shape and mold Drone Legion according to our vision. As the creators and caretakers of Drone Legion, we hold a deep affection for our creation and take great joy in sharing it with the community. Ultimately, it is our responsibility to determine which features are integrated into Drone Legion.

Dispute Policy.

At Dark Shadow Studio, we are committed to upholding the highest standards of business ethics and strive to be a positive influence within the global community. However, we acknowledge that disputes can sometimes arise despite our best intentions. In order to facilitate a swift resolution and minimize the costs and time associated with any disagreements, we kindly request that all parties involved make reasonable efforts to engage in informal negotiations for a period of at least thirty (30) days before pursuing arbitration or initiating court proceedings.

The negotiation process will commence upon receipt of a written notice by the party raising the dispute. We kindly ask that all notices be sent electronically to casey@darkshadowstudios.com. By engaging in this initial phase of negotiation, we aim to foster open communication and find mutually satisfactory solutions.

Social Networking Features & Game Forums.

While utilizing our applications, you have the option to engage in interactive features with various social networking services. These services facilitate communication between you and Dark Shadow Studio, as well as with third parties. Additionally, you have the ability to showcase the information generated from your gameplay experiences on these social networks. Furthermore, our application forums provide a platform for players to engage in discussions regarding topics such as game strategies.

It is important to understand that the content within the social networking features and forums primarily originates from players who are not employed by or under the control of Dark Shadow Studio. We acknowledge that these platforms contain a vast amount of information, and occasionally, participants may unintentionally or intentionally share inaccurate, misleading, deceptive, abusive, or even unlawful messages or statements. It is crucial to note that we neither endorse nor assume responsibility for such content, nor do we endorse any opinions, advice, information, or expressions shared by you or other players. The opinions expressed solely reflect the views of individual players and may not align with our own.

 

We are not liable for any errors or omissions in postings, hyperlinks embedded in messages, or any outcomes resulting from the use of such information. We shall not be held responsible for any loss or damage incurred due to your reliance on such information. It is important to be aware that when you disclose personal information through social networking features or forums, it becomes publicly accessible and may be collected and utilized by other users. Please exercise caution and recognize that any information you disclose is done so at your own risk.

While we may choose to monitor the social networking features and forums, we are not obligated to do so. You acknowledge and agree that we reserve the right (though not the obligation) to monitor, record, and store your communications, as well as disclose such materials and the circumstances surrounding their transmission to third parties. This is done to ensure the proper functioning of the Applications, protect ourselves, our sponsors, and our members and visitors, and to comply with legal obligations or governmental requests.

Indemnification.

You agree to indemnify and hold us harmless against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and expenses) brought by third parties. These claims may arise from or relate to the relationship between you and us as described in these Terms, including any breach of the representations and warranties stated herein, or your violation of the rights, agreements, undertakings, representations, or warranties with another party that are in any way connected to the applications and/or content.

By agreeing to these Terms, you acknowledge and accept that we have the exclusive right and obligation to control the legal defense against such claims, demands, or litigation. This includes the authority to choose legal counsel of our choice and to negotiate, compromise, or settle any such claims, demands, or litigation.

 

Disclaimers.

Your use of the applications is solely at your own risk. We provide the Applications "as is" and "as available." We explicitly disclaim, to the fullest extent permitted by law, all warranties of any kind relating to the applications and any goods or services purchased through the applications, whether express or implied. These include, but are not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You are solely responsible for any damage to your device or computer system or loss of data that may result from your use of the applications.

We do not warrant that: 
(1) the applications will meet your specific requirements;
(2) the applications will be uninterrupted, timely, secure, or error-free;
(3) the results obtained from the applications will be accurate or reliable;
(4) the quality of any products, services, or materials purchased or obtained through the applications will meet your expectations; or
(5) the applications, our servers, or communications sent from us will be free of viruses or other harmful components.

Any information obtained by you from us or through the applications shall not create any warranty that is not expressly stated in these Terms.

Limitation of Liability.

To the fullest extent permitted by law, we shall not be held responsible or liable to you for any loss or damage incurred as a result of the following:

Delaying, rejecting, or removing any or all content at any time, for any reason, with or without notice to you.

 

Modifying or discontinuing, temporarily or permanently, the applications (or any part thereof), with or without notice to you, for any reason.

Immediately terminating your access to the applications, for any reason, with or without notice to you.

 

The accuracy, usefulness, or availability of any information posted to or through the applications, including securities trading or investment-related information.

 

Any user content that is not recorded or gets deleted.

 

Any loss or damage incurred by you as a result of interactions with other applications users, third-party advertisements or service providers, or third-party websites found on or through the applications. This includes payment and delivery of related goods or services, and any other terms, conditions, policies, warranties, or representations associated with such dealings.

In no event shall we be liable to you for any incidental, indirect, punitive, statutory, exemplary, expectation, special, or consequential damages whatsoever, including damages for loss of profit, loss of goodwill, interruption, loss of business information, or any other financial loss, arising from any individual or class-action claim, or any loss, damage, action, suit, or other proceeding relating to or arising under or out of these Terms. This applies even if we have been notified of the possibility of such damages, whether the action is based on contract, infringement of intellectual property rights, tort, negligence, or other grounds. You agree not to file any lawsuit or proceeding inconsistent with the aforementioned liability limitations.

Please note that certain jurisdictions may not permit certain limitations of liability. If any court determines that the law of such a jurisdiction applies, our liability shall be limited to the greatest extent permitted by law.

Release.

In the event that you have a dispute with one or more users of the applications, or with any party who provides advertising or third-party services in connection with, on, or through the applications, or with any party who provides a website or application linked to by the applications, you hereby release us from any claims, demands, and damages (including incidental, indirect, punitive, statutory, exemplary, expectation, special, or consequential damages) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

Governing Law.

These Terms and the relationship between you and us shall be governed by the laws of the State of Victoria, Australia. The execution, performance, and negotiation of this agreement shall occur within the State of Victoria, and applicable federal laws of Australia shall also apply. You acknowledge and agree that: (i) The applications are considered to be based solely in Victoria; and (ii) The applications are passive applications that do not establish personal jurisdiction over us, either specific or general, in jurisdictions other than Victoria.

Any dispute arising in connection with or relating to your use of the applications or these Terms shall be exclusively adjudicated in the state and federal courts of the State of Victoria. By using the applications, you hereby consent to the personal jurisdiction and venue of these courts.

Notwithstanding any statute or law to the contrary, any claim or cause of action arising under or related to your use of the applications or these Terms must be filed within one year after such claim or cause of action arose, or it shall be forever barred. You acknowledge that any claims you may have in connection with these Terms are subject to compensation through monetary damages, and you shall not be entitled to injunctive or other equitable relief.

Miscellaneous.

These Terms represent the complete agreement between you and Dark Shadow Studio, governing your use of the applications.
 

These Terms override any prior agreements between you and us regarding the applications.

These Terms, including the rights, benefits, and obligations contained herein, are fully transferable by us and will be binding upon and beneficial to our successors and assigns.
 

For the purpose of interpreting any provision in these Terms in any judicial or other proceeding between the parties, no party or their respective attorneys shall be considered the drafter of this agreement.
 

Except as expressly provided in these Terms, no third-party beneficiaries are intended under this agreement. It is clarified that Dark Shadow Studio' affiliates, representatives, managers, partners, joint venturers, employees, and agents are intended as third-party beneficiaries.
 

These Terms do not create or imply an agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship.

The failure by us to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. Any waiver must be in writing.
 

If a court of competent jurisdiction finds any provision of these Terms invalid, the court should strive to give effect to the parties' intentions as reflected in the provision, and the remaining provisions of these Terms remain in full force and effect.

The headings in these Terms are for convenience only and do not have any legal or contractual significance.

We may terminate these Terms at any time and for any reason by notifying you through a notice on the applications, email, or any other means of communication. Such termination does not affect our rights, remedies, liability limitations, warranty disclaimers, claims, or defenses hereunder. Upon termination, you will no longer have access to your account, code, or User Content. We are not obligated to assist in data migration or preserving your User Content, and we may choose not to maintain any backups of your User Content. We are not responsible for deleting your User Content. Please note that even if your User Content is removed from our active servers, it may still exist in our archives (although we are not obligated to archive or back up your User Content).

Copyrights & Registered Trademarks.

© 2019 Dark Shadow Studio Pty Ltd. All Rights Reserved. Drone Legion, Dark Shadow Studio, the Drone Legion Logo, and Dark Shadow Studio Logo are trademarks of Dark Shadow Studio in Australia and/or other countries.

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