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Legal & Privacy

Welcome to Digital Dreams Entertainment Inc.'s Legal and Privacy Information page. Use of Digital Dreams Entertainment Inc. games is subject to Digital Dreams Entertainment Inc. End User License Agreement, Terms of Service, and Privacy Policy. 

DDE Privacy Policy

Privacy Policy

Last Updated January 3, 2025

​​General Information

Protecting your personal information is our priority. This privacy policy (“Policy”) describes the data practices of Digital Dreams Entertainment Inc. (collectively, “we”, “us,” “our,” or “Company”), covering the game known as Mutant Football League 2 (the “Game”), which is available on Xbox One, Xbox Series X, PlayStation 4, PlayStation 5, and Steam (“Platforms”), and any other Company products, software applications, and other data processing activities (collectively “Services”). By using the Services, entering into agreements with Company, or otherwise communicating with Company, you are consenting to this Policy and the processing of your data in the manner set forth in this Policy. This Policy should be read in conjunction with the Game’s End User License Agreement, as amended from time to time (the “EULA”), which is incorporated herein by reference. If you do not agree with the terms set forth in this Policy or the terms and conditions set forth in the EULA, please do not use the Services or submit any communications to Company.

 

We reserve the right to change this Policy at any time in our sole discretion. We will provide you with notice of such a change. Notice of any changes to the Policy will be accomplished upon Company announcing such changes through the Services. Such changes will go into effect immediately upon your access of the Services after you are given notice, as described herein. Your continued use of the Services following the notice of any changes to this Policy constitutes your acceptance of such changes. Any information collected by the Services will be dealt with in accordance with the version of this Privacy Policy that was in place at the time of collection.

1. Information Collected

 

a. User Provided Information

 

To provide users with the best possible experience, we may collect personally identifiable information (“Personal Information”) through the Game. Personal Information is any information that can be used to identify you or your household or to contact you online or offline and includes, but is not limited to, your username and email. The Services may collect Personal Information when it is provided to us, such as when you use our Services or attempt to contact us.  

 

b. Information that is Automatically Collected

 

The Platforms may collect Personal Information.  Other than the Personal Information provided by the Platform, we do not automatically collect any data that includes your Personal Information.

 

c. Categories of Personal Information We Collect

 

Category Number                       Category                              Examples 

1                                                      Identifiers                             The Platforms may provide us with your       

                                                                                                       Platform username, and we may collect 

                                                                                                       your Discord username if you connect with 

                                                                                                       us on Discord. 

 

2                                                     Information that                   Your name, email address, Discord

                                                       identifies, relates to,            username and any identifiers or similar

                                                       or can be associated           information contained in communications

                                                       with a particular                   sent by you or as provided by the Platform.  

                                                       individual

 

 

d. Third-party Provided Information

 

We may obtain certain information or Personal Information about you from the Platforms. You acknowledge and agree that disconnecting your account from a Platform may affect your use and complete enjoyment of the Services.

 

For information on how the Platforms use your Personal Information, you may consult the Platforms’ privacy policies.

2. How Company Uses Your Personal Information

 

We use the information we collect from our Services to provide, fulfill, maintain, protect, and improve our Services, to develop new Services and offerings, and to protect us and our users.

 

Personal Information is primarily used to provide you the Services or for legitimate business purposes, such as for responding to inquiries and providing and maintaining the Services. When you contact us, we may keep a record of your communication as well as the other information to help solve any issues you might be facing. For more information on how we use your Personal Information, see Section 1.

 

3. How Company Shares Information with Third Parties

 

WE DO NOT SELL OR LEASE YOUR PERSONAL INFORMATION OR SHARE YOUR PERSONAL INFORMATION FOR THE PURPOSE OF CROSS-CONTEXTUAL BEHAVIORAL ADVERTISING. FURTHER, WE DO NOT USE YOUR INFORMATION TO CREATE PROFILES INCLUDING PROFILES FOR THE PURPOSE OF AUTOMATED DECISION MAKING. 

 

However, there are certain circumstances in which we may transfer your Personal Information to third parties, without further notice to you.

 

We share Personal Information with companies, outside organizations, and individuals for the limited reasons, outlined below:

 

    a. With your consent - We will share Personal Information with companies, outside organizations or

        individuals if we have your consent to do so.

 

    b. For legal reasons - We will use and/or share Personal Information with companies, outside

        organizations or individuals if we have a good-faith belief that access, use, preservation, or

        disclosure of the information is reasonably necessary to meet any applicable law, regulation,

        legal process or enforceable governmental request, detect, prevent, or otherwise address fraud,

        security or technical issues or protect against harm to the rights, property or safety of our users

        or the public as required or permitted by law.

 

    c. In case of a sale or asset transfer - If we become involved in a merger, acquisition or other

        transaction involving the sale of some or all our assets, user information, including Personal

        Information collected from you through your use of our Services, could be included in the

        transferred assets. Should such an event occur, we will use reasonable means to notify you,

        either through email and/or a prominent notice on the Services.

 

    d. We may disclose your Personal Information, without notice, if required to do so by law or in the

        good faith belief that such action is necessary to: (i) conform to the edicts of the law or comply

        with legal process served on Company; (ii) protect and defend the rights or property of

        Company; and/or (iii) act under exigent circumstances to protect the personal or economic

        safety of users, or the general public.

 

    e. Notwithstanding the foregoing, we may disclose your Personal Information to other third parties

        with your consent and direction to do so. When you broadcast information to third-party

        services, including the Platform, such information is no longer under our control and is subject to

        the terms of use and privacy policies of such third parties.

 

In the past 12 months, we have shared the following Personal Information for the purposes described herein: 

 

        Category 1: Identifiers

        Category 2: Information that identifies or can be associated with a particular individual

4. More on Third Parties

 

While we strive to work with reputable companies with good privacy practices, this Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed or linked to you on the Services. We also do not control the privacy policies and your privacy settings with third parties, including social networks and ad networks. We encourage you to be aware when you leave the Services and to read the privacy statements of any other site or application that collects Personal Information.

 

5. Security of your Personal Information and Data Transfer

 

We will take reasonable and appropriate security measures to protect your Personal Information from unauthorized access, disclosure, alteration, or destruction. Unfortunately, no data transmission over the Internet or any mobile or wireless network is 100% secure. As a result, while we strive to protect your Personal Information, you agree and acknowledge that: (i) there are security and privacy limitations inherent to the Internet and wireless and mobile networks which are beyond our control; and (ii) security, integrity, and privacy of all information and data exchanged between you and Company cannot be guaranteed. We recommend that you do your part in protecting your Personal Information. This includes guarding against unauthorized access to your email and social media accounts including via 2-factor authentication, if applicable, by ensuring no one else uses your device or computer when you are logged in, by logging off from the Services when they are not in use, by keeping your password and other Personal Information confidential, and by taking precautionary steps to guard the physical safety and security of your device or computer.

 

Our Services are located in the United States and your Personal Information may be transferred or stored in the United States. The data protection laws and rules in the United States may be different than those where you live. We rely on various legal mechanisms to help lawfully support transfers of information outside the country of collection where appropriate. To the maximum extent permitted by applicable law, you hereby authorize Company to process your information in the United States or any other locations where we operate. 

 

6. How Long Will Your Information Be Stored

 

We generally store Personal Information for as long as we need it to accomplish the business purpose for which such Personal Information is processed. Notwithstanding the foregoing, we may retain your Personal Information where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

 

7. Email Communications

 

From time to time, we may contact you via email for the purpose of providing updates, announcements, alerts, confirmations, and/or other general communication regarding the Services. To improve the Services, we may receive a notification when you open an email from Company or click on a link therein.

 

You may opt out of the receipt of these communications at any time by following instructions in each email, by clicking on the UNSUBSCRIBE button, and/or by emailing us at privacy@digitaldreamsent.com

 

 

8. Merger or Sale

 

The information collected pursuant to this Policy, including Personal Information, is considered an asset of Company. In the event Company or some or all of the assets related to the Services are acquired by another entity through a sale, merger, or some other change of ownership transaction, Company reserves the right to transfer or assign the information collected pursuant to this Policy.

 

9. Contact Information

 

We welcome your questions or comments regarding this Privacy Policy. If you believe that we have not adhered to this Privacy Policy, or if you have any other questions or concerns regarding this Privacy Policy please contact privacy@digitaldreamsent.com​​

            End User License Agreement 

                                                           Last Updated December 22, 2024

General Information

 


These terms and conditions (“Terms:) govern your access to and use of the Services (as defined herein below), and any associated content related updates, upgrades, and features. These Terms are a legally binding agreement between you and Digital Dreams Entertainment, Inc. Read these Terms carefully before using the Services. By accessing or using the Services, you hereby agree and assent to all terms, conditions, and obligations herein. IF YOU DO NOT AGREE WITH THESE TERMS OR ANY PORTION THEREOF, YOU MAY NOT USE OR OTHERWISE ACCESS THE SERVICES.

We may amend these Terms at any time by posting a revised version on our websites and within the Game’s settings. Each revised version will state its effective date, which will be effective on or after the date on which it is posted or sent. Your continued use of the Services after the effective date of such revision constitutes your acceptance of the revised Terms.



These Terms include, by reference, Digital Dreams Entertainment, Inc.’s Terms of Service and Privacy Policy, as amended from time to time.



BY USING THE SERVICES, YOU CONFIRM THAT YOU ARE ABOVE THE MINIMUM AGE AND ARE NOT BARRED FROM USING THE SERVICES UNDER APPLICABLE LAW. THE SERVICES ARE NOT DIRECTED TO CHILDREN UNDER 13 AND YOU MAY NOT USE THE SERVICES IF YOU ARE UNDER 13 YEARS OLD. BY ACCESSING AND/OR USING THE SERVICES YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE. IF YOU ARE OVER THE AGE OF 13 BUT UNDER THE AGE OF 18 OR OTHERWISE UNDER THE LEGAL AGE OF THE MAJORITY IN YOUR JURISDICTION OF RESIDENCE, YOU MAY ONLY USE THE SERVICES WITH PERMISSION FROM AND UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN AND SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN SECTION 4 OF THESE TERMS.



                                                                                                                        1. Definitions

 

"Account” means any individual User account that is used to access the Services.



Company” means Digital Dreams Entertainment, Inc. References to "us" "we," or "our" means Company, including any and all subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers, and directors. Company does not include affiliates or third parties (analytics or ad tech companies, or similar organizations).



Digital Cosmetics” means digital cosmetic items that can be used within the Game.



Dispute” means any controversy related to this agreement, including without limitation claims arising out of or relating to any aspect of the relationship between you and Company, claims that arose before these Terms, and claims that may arise after the termination of these Terms; however, this does not include claims related to or arising from the enforcement or protection of Intellectual Property Rights, and is subject to any applicable statutory consumer rights laws in your local jurisdiction.



Game” means the game Mutant Football League, Mutant Football League 2, and any and all other games that are available, accessible or listed on Company’s Mutant Football League™ - Official Website, inclusive of all underlying images, characters, literary works, source code, object code, musical compositions, sound recordings, audiovisual works, and any other materials and Intellectual Property Rights therein as well as any updates or other DLC.



Intellectual Property Rights” means, any and all right, title, and interest of every kind whatsoever, whether now known or unknown, in and to patents, trade secret rights, copyrights, trademarks, service marks, trade dress and similar rights of any type under the laws of any governmental authority, including, without limitation, all applications and registrations relating to the foregoing.



Notice” means a delivered writing by e-mail, courier, or postal delivery to the other party at their respective address or otherwise as provided for in these Terms and is effective upon receipt.



Privacy Policy” means our policy regarding data collection and processing, which also governs your use of the Services and is incorporated herein by reference.



Protected Content” means all content included as part of the Game or Services and any compilation thereof including, without limitation, the look and feel of the Services, the text, graphics, source code, sound recordings, musical composition, narrative, characters, literary works, and any other works of authorship or other materials contained therein, whether or not protectable by copyright, trademark, or other applicable law or legal theory.



Services” means the Game, and all other applications, content, tools, features, and functionality offered on or through the Game, including in-Game items, and any associated services or materials thereon.



Terms” means these terms of this End User License Agreement and any terms, conditions, covenants, representations, warranties, obligations, and licenses contained herein.



Terms of Service” means the terms of service that govern the use of our websites.



Transaction” means your purchase or obtaining of a license to the Game or other services offered by the Company through the Game or Platforms (defined below).



User,” “you” or “your” means any user of the Services, or any owner, officer, employee, affiliate, or agent of the same that uses the Services or any portion thereof.



User Generated Content” means any photos, images, likenesses, logos, marks, literary works, sound recordings, musical composition, audiovisual works and programs, modes, animations, names, and any other content or materials uploaded or shared via the Services by participating in forums or communicating with Company on social media platforms.



2. License




The Services are licensed to you for your personal use and entertainment only. Company hereby grants you a personal, limited, non-transferable, fully, revocable, and non-exclusive License to use the Services for your personal entertainment and non-commercial use, subject to your compliance with these Terms and subject to the limitations set forth in Section 3. Company or its licensors own and reserve all other rights, including all right, title and interest in the Services and all materials or content therein, and all associated Intellectual Property Rights.



If you purchase any Digital Cosmetics, Company hereby grants you a limited, non-exclusive, non-commercial license to use the Digital Cosmetics solely within the Game.  You acknowledge and agree that you may not reproduce, re-distribute, transmit, copy, publish, publicly perform or display, or create derivative works based on the Services or Digital Cosmetics or otherwise use or exploit the Services or Digital Cosmetics in any manner not authorized by these Terms.





3. License Restrictions



You may not do any of the following with respect to the Services or any components thereof:



  a. Use the Services commercially or for a promotional purpose, except as otherwise authorized

       herein;

  b. Copy, reproduce, distribute, display, publicly perform, publish, or use the Services or any portion

       or aspect thereof, in any way that is not expressly authorized in these Terms;

  c. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of

       the Services or any part thereof, except and only to the extent that this activity is expressly

       permitted by the applicable law of your country of residence;

  d. Modify, adapt, translate, or create derivative works based upon the Services or any part thereof,

       except and only to the extent that such activity is expressly permitted by these Terms or by

       applicable law notwithstanding this limitation;

  e. Remove, circumvent, disable, damage, or otherwise interfere with security-related features of

       the Services;

  f.  Access any the Services or any website, server, software application, or other computer

       resource owned, used and/or licensed by Company, by means of any robot, spider, scraper,

       crawler, or other automated means for any purpose, or bypass any measures Company may use

       to prevent or restrict access to any website, server, software application, or other computer

       resource owned, used and/or licensed to Company;

  g. Interfere with or disrupt the Services or servers or networks connected to the Services, or

       disobey any requirements, procedures, policies, or regulations of networks connected to the

       Services;

  h. Harvest or collect the email addresses or other contact information of other Users;

    i. Use the Services for any illegal purpose, or in violation of any local, state, national, or

      international law or regulation, including, without limitation, laws governing intellectual property

      and other proprietary rights, data protection and privacy.





4. Children Under 18



  a. By using the Services, you warrant and represent that you: (1) are at least 18 years of age and   

       otherwise legally competent to read, understand and accept the provisions of this agreement;

       or (2) are a minor who has been authorized under the provisions of Section 4(b) below.


  b. If you are the legal guardian of a minor, you can choose to allow use of the Services by that minor

      instead of yourself subject to the following provisions:


           i.   You acknowledge, and further agree that the aforementioned minor is entering into an

                agreement with your consent;



          ii.   You acknowledge, and further agree you are entirely responsible for all the provisions in

                these Terms;



         iii.   You acknowledge, and further agree, you are legally responsible for all actions of that minor,

               including but not limited to any payments, damages and/or liabilities related to the actions

               of that minor;


        iv.   In consideration of Company allowing access to the Services by a minor, and in addition to

              the indemnification provisions set forth herein, the foregoing adult hereby guarantees and

              agrees to pay for any and all liabilities of any nature whatsoever incurred under this

              agreement and to defend, indemnify and hold harmless Company with respect thereto.




5. Account


You must have a valid Account to use the Services. You may create an Account by registering for the Services using a valid email address and password.



You acknowledge and agree that by registering to create an Account, you may be subject to an agreement(s) with Microsoft, Sony, Nintendo or other third parties. You acknowledge and agree that Company is not a party to any of the foregoing agreements or any other agreements between you and and any third party and compliance with such agreements is not monitored, enforced, or controlled by Company. If Company receives notice that your activity violates any of the foregoing or any similar agreement between you and any applicable third party, Company may, in our sole discretion take action to bring you into compliance with such agreements. Such actions may include suspending or terminating your Services.



You further acknowledge and agree that by accessing the Services, you are providing Company with limited access any information including any personal information about you contained within in your account and associated credentials for the purpose of logging into the Game. You may delete your Account by emailing us at: contact@digitaldreamsent.com





6. Transactions



If you wish to make a Transaction for the Game, or any product or services, you are required to pay the listed prices and any applicable fees. Unless otherwise indicated, all fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.



  a. Billing Information. Transactions will be processed on the platforms on which the Game is

       available, including Steam (“Platforms”). Payment processing time will vary depending on your

       location. You will receive a receipt from the applicable Platform confirming payment. If your

       payment is rejected for any reason, including insufficient funds, Company reserves the right to

       contact you directly to seek payment. By using a Platform, you may be subject to an agreement

       with such Platform. If Company receives notice that your activity violates any agreement

       between you and or any Platform, Company may, in our sole discretion take action against your

       account to bring you into compliance with such agreements. Such actions may include

       canceling a Transaction, suspending your Transaction privileges and/or removing certain

       payment methods. You agree to provide current, complete, and accurate purchase information

       for all Transactions conducted via the Platforms.


  b. Restrictions. Company reserves the right, including without prior notice and on a case-by-case

       basis, to limit the available quantity of or discontinue making available the Game or any product

       or services in general or to any per person, per household, or per order, per geographic region or

       jurisdiction (including orders placed by or under the same customer account, the same credit

       card, and/or orders that use the same billing and/or shipping address); to limit or prohibit orders

       that, in our sole judgment, appear to be placed by dealers, resellers or distributors; to impose

       conditions on the honoring of any coupon, discount or similar promotion; to bar any user from

       making any Transaction; and to refuse to provide any user with the Game, product or services. In

       the event that we make a change to or cancel a Transaction, we may attempt to notify you by

       contacting the email and/or billing address/phone number provided at the time the order was

       made. By making a Transaction, you represent that the Game, product or services will be used

       only in a lawful manner. You agree that you will not resell any Game, product or services

       obtained through a Transaction, unless we have provided our express prior written consent for

       you to do so.


  c. Transaction Processing. Company may, in its sole discretion, choose to not process or to cancel

       your Transaction in certain circumstances. This may occur when we suspect the request is

      fraudulent, or in other circumstances Company deems appropriate in its sole discretion.

      Company also reserves the right, in its sole discretion, to take steps to verify your identity to

      process your order. Company will either not charge you or refund the charges for orders that we

      do not process or cancel.


  d. Tax. Product prices are exclusive of all foreign, federal, state, municipal, and local excise, sales,

       use and similar taxes. Such taxes are the responsibility of you as a purchaser and may be in

       addition to the price stated on the Services.


  e. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING,

       WITHOUT LIMITATION, CONSUMER PROTECTION LAW, YOU AGREE THAT IN NO EVENT SHALL

       COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO,

       SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR INDIRECT

       DAMAGES FOR THE DAMAGE, INJURY, OR LOSS OF LIFE OR PROPERTY OR REVENUE EVEN IF

       THE DAMAGE, INJURY, OR LOSS IS CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF THE

       COMPANY REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR

       IN CONNECTION WITH THE DELIVERY, NON-DELIVERY, SALE OR USE OF THE GAME,

       PRODUCT OR SERVICES PURCHASED BY YOU HEREUNDER. YOU AGREE THAT ALL GAME,

       PRODUCTS OR SERVICES IN THE TRANSACTION ARE SOLD AND PURCHASED “AS-IS.” ALL

       IMPLIED WARRANTIES INCLUDING FITNESS FOR A PARTICULAR PURPOSE AND

       MERCHANTABILITY ARE EXPRESSLY DISCLAIMED BY COMPANY.


  f. Refunds. Company may offer refunds in Company’s sole discretion. In order to request a refund,

      contact contact@digitaldreamsentertainment.com. Refunds will be processed in accordance with

      the Platforms’ policies.





7. Products and Services



Users with a valid Account may purchase products or services by completing a Transaction, some of which may only be used within the Game, and which may have no cash value and may not be redeemed for real-world goods, services, or currency.





8. User Generated Content


You may provide us with User Generated Content as part of the Services. You represent and warrant that (i) you own or otherwise have the necessary rights to use and to grant us the right to use the User Generated Content you provide to us; and (ii) the User Generated Content will not infringe or violate any third-party rights including, without limitation, any publicity, copyright, trademark, or intellectual property rights.



By creating any User Generated Content, including Feedback, you hereby grant Company a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, paid-up, fully transferable and sublicensable license to reproduce, modify, host, copy, display, publicly perform, create derivative works of, publicly display, transfer, or otherwise use or exploit such User Generated Content, in whole or in part.





9. Electronic Communication



Each and every time you send an email or other electronic communication to Company, such communication will constitute an electronic communication. By using the Services, you consent to receive electronic communications and you agree that all agreements, Notices, disclosures, and other communications that Company provides to you via electronic communication, individually and collectively, satisfy any legal requirement that such communications be in writing.





10. Intellectual Property Ownership



All Protected Content is the property of Company or its third-party suppliers and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.



You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Protected Content, in whole or in part, found within the Services. Your use of the Services does not entitle you to make any unauthorized use of any of the Protected Content, and in particular you shall not delete or alter any proprietary rights or attribution notices in any Protected Content. You shall use Protected Content solely for your personal use, as outlined in these Terms, and will make no other use of the Protected Content without the express written permission of Company and/or Protected Content’s third-party owner, if applicable. You acknowledge and agree that you do not acquire any ownership rights in any Protected Content. Except as provided for herein, these Terms do not grant any licenses, express or implied, to the Protected Content or any other intellectual property of Company, our licensors, or any third-party.





11. Service Availability and Termination



You acknowledge and agree that:



  a. Company has the discretion to immediately terminate or restrict access to the Services or any

       portion thereof, at any time, for any reason, without Notice and without liability to you;


  b. Access to the Services may be interrupted for reasons within or beyond the control of Company

       and that Company cannot and does not guarantee you will be able to use the Services

       whenever you wish to do so; and


  c. The Services may not be offered in all countries or geographic locations.


  d. The Company may terminate the Services or your access thereto, or your account, for any

       reason in Company’s sole but reasonable discretion, including without limitation any violation or

       breach of these Terms or any warranties, representations or covenants contained herein.





12. Company Disclaimer and Limitation of Liability and Remedies



COMPANY IS NOT A BROKER, FINANCIAL INSTITUTION, CREDITOR, INSURER OR CHARITABLE ORGANIZATION.



All information and content provided by Company through the Services is for informational and entertainment purposes only and Company does not guarantee the accuracy, completeness, or timeliness or reliability of any such information or content.



No content or information is intended to provide financial, legal, tax, or other professional advice. Before making any decisions regarding use of the Services or the purchase any other good or service, whether virtual or tangible, offered by the Services or any third party, you should consult your financial, legal, tax, or other professional advisers as appropriate. You acknowledge that you access content or information through the Services at your own risk and you are solely responsible for making the final determination as to the value and appropriateness of using the same.



USERS ARE NOT EMPLOYEES, PARTNERS, AGENTS, JOINT VENTURES, OR FRANCHISEES OF COMPANY. COMPANY DOES NOT PROVIDE FINANCIAL SUPPORT OR ASSISTANCE TO USERS. YOU HEREBY ACKNOWLEDGE THAT COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL OR USERS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF GOOD AND WORKMANLIKE QUALITY,  WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY AS TO THE VALIDITY OF ANY PATENTS OR THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.



YOU UNDERSTAND AND AGREE THAT THERE ARE RISKS INVOLVED WITH AND INHERENT TO PLAYING ANY COMPUTER OR MOBILE GAME INCLUDING, BUT NOT LIMITED TO, MOTION SICKNESS, REPETITIVE STRESS INJURY, OR SIMILAR. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE RESPONSIBLE TO ANY USER FOR ANY PHYSICAL INJURIES, LOSS OF LIFE, DISMEMBERMENT SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF DATA, REGARDLESS OF FORESEEABILITY AND COMPANY’S MAXIMUM LIABILITY UNDER THIS AGREEMENT WILL AT ALL TIMES BE LIMITED TO A REFUND OF ANY MONIES SPENT BY AN APPLICABLE USER HEREUNDER WITHIN THE SIX (6) MONTHS PRECEDING ANY ALLEGED BREACH OF THIS AGREEMENT BY COMPANY.



YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN THE EVENT OF ANY BREACH OF THIS AGREEMENT BY COMPANY, YOUR REMEDIES SHALL BE LIMITED TO AN ACTION FOR DAMAGES, IF ANY AND AS LIMITED ABOVE AND IN NO EVENT SHALL YOU BE ENTITLED TO SEEK TO ENJOIN OR RESTRAIN COMPANY’S PERFORMANCE IN ANY MANNER. ACCORDINGLY, YOU EXPRESSLY AGREE THAT ANY DAMAGE TO YOU WILL NOT BE IRREPARABLE OR OTHERWISE INCALCULABLE SO AS TO ENTITLE YOU TO SEEK AND/OR OBTAIN EQUITABLE OR INJUNCTIVE RELIEF.





13. Prohibited Conduct



You are granted a non-exclusive, non-transferable, revocable License to access and use the Services, strictly in accordance with these Terms. As a condition of your use of the Services, you represent and warrant to Company that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. Further, you agree that you will comply with these Terms and will not:



  a. Use the Services in any manner which could damage, disable, overburden, or impair the Game

       or Game servers, or otherwise interfere with any other party's use and enjoyment of the Services;

  b. Obtain or attempt to obtain any materials or information through any means not intentionally

       made available or provided for through the Services;

  c. Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access

       the Services accounts of others without permission, forge another person’s digital signature,

       misrepresent the source, identity, or content of information transmitted via the Services, or

       perform any other similar fraudulent activity;

  d. Defame, harass, abuse, threaten or defraud users of the Services, or collect, or attempt to

       collect, personal information about users or third parties without their consent;

  e. Attempt to indicate in any manner that you have a relationship with Company or that Company

       has endorsed you or any products or services for any purpose;


Company also reserves all available legal rights and remedies to prevent the unauthorized use of the Services, including, but not limited to, technological barriers, IP mapping, and contacting your internet service provider.



14. Representations and Warranties



In addition to any other representations and warranties made herein, you hereby represent and warrant that (a) you are not prohibited from receiving or using any aspect of the Services under applicable laws and (b) Company has not previously disabled your access to the Services for a violation of the law or these Terms or other applicable agreements.





15. Third Parties



Links to Third-Party Sites. The Services may contain links to third-party websites. Third-party websites are not under the control of Company and Company is not responsible for the contents of the same, including without limitation any link contained therein. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the third-party website or any association with its operators.



Platforms. You may access the Game on third-party platforms including but not limited to Steam using your Platform account (the “Platform Account”). You are solely responsible for complying with the terms of use and end user license agreement of Steam and any other Platforms on which the Game is available (collectively, the “Platform Terms”), and you acknowledge and agree that Company has no control over the terms of use or end user license agreement of the Platforms. If Company learns that you have violated the Platform Terms, Company may take action against your Platform Account, including by restricting access to the Services. You acknowledge and agree that Company may have access to certain information, including friends lists and other personal information, that appears in your Platform Account. In order to delete such information, you must delete your Platform Account from the Platform.





16. Use of Unity Engine



The Game includes Unity Engine code and other code, materials, and information (the “Unity Materials”) owned by Unity Software, Inc. (“Unity”). All Unity Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Company, Unity and their affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Unity Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Company or Unity knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Company, Unity, and their affiliates make no warranty that (1) any of the Unity Materials will operate properly, including as integrated in the Game, (2) that the Unity Materials will meet your requirements, (3) that the operation of the Unity Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Unity Materials can or will be corrected, (5) that the Unity Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this Game, or will not revoke approval of this Game for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Company and Unity. Company, Unity, and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Unity Materials. This paragraph will apply to the maximum extent permitted by applicable law.



To the maximum extent permitted by applicable law, neither Company, Unity, Unity’s licensors, nor its or their affiliates, nor any of Company’s or Unity’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Unity Materials or otherwise in connection with these Terms, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Company, Unity, Unity’s licensors, nor its or their affiliates, nor any of Company’s or Unity’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with these Terms or the Unity Materials, or the delay or inability to use or lack of functionality of the Unity Materials, even in the event of Company’s, Unity’s, or their affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Company, Unity or their affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.



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, the liability of Company, Unity, Unity’s licensors, its and their affiliates, and any of Company’s or Unity’s service providers shall be limited to the full extent permitted by law.





17. Device and Internet Connection



Use and Access of the Services may require the use of your personal computer, laptop, tablet, or mobile device, as well as communication with or use of space on such device. You are solely responsible for all internet and/or mobile data connection and all associated fees that you incur when accessing the Services.



​​

18. International Users



The Services are controlled, operated, and administered by Company from our offices within the United States. If you access the Services from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.





19. Release



You hereby agree to release Company from all damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third-party (including other Users) in connection with the Services and any content therein. In furtherance of the foregoing, you hereby waive any applicable law or statute, which says, in substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED THE SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."





20. Indemnification



To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents and assigns from and against any and all claims, losses, costs, debt, liabilities and expenses (including, but not limited to attorney’s fees) arising from (i) your misuse of and access to the Services; (ii) your violation or breach of these Terms and any covenant, warranty or representation contained herein; (iii) your violation of any third-party right, including without limitation any copyright, intellectual property, or privacy right; (iv) your use of or inability to use the Services; and (v) any claim that you caused damage to a third-party.





21. Dispute Resolution



In the event the parties are not able to resolve any Dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then, except as provided below, the parties hereby agree to submit any Dispute they cannot resolve informally to final and binding arbitration. The arbitration will be conducted remotely unless the arbitrator believes an in-person hearing is required, in which case the location of the arbitration hearing will be determined by JAMS rules.  The arbitrator will follow Illinois law in adjudicating the Dispute. The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct or vacate the award. Interpretations of these Terms, including determinations of unconscionability, will be determined by the arbitrator selected through this provision. The Arbitrator shall determine the scope and enforceability of this agreement to arbitrate, including whether any Dispute is subject to arbitration and shall rule on any defense, raised by a party hereto, that the claim(s) in question is exempt from this arbitration requirement. As part of the arbitration, the parties shall engage in the exchange and/or discovery of non-privileged information relevant to the Dispute, in accordance with JAMS rules.



The foregoing shall not apply to any claims that fall under the auspices of a small claims court of competent jurisdiction and either party may seek appropriate relief therein.



The parties acknowledge and agree that any action with respect to your infringement or alleged infringement of any Intellectual Property Rights, any action in which Company seeks equitable relief, or any other action that may not be submitted to arbitration under applicable law, including the enforcement of any arbitration ruling, shall be tried by a court of competent jurisdiction located in Cook County, Illinois.  For that limited purpose, you hereby consent to the jurisdiction of the State of Illinois and agree that its laws will be used to resolve any disputes hereunder.





22. Class Action Waiver



Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.





23. Access Restriction



Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.





24. Severability



In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.





25. Miscellaneous



Company’s performance of the obligations described herein is subject to existing laws and legal process, and nothing contained in these Terms are in derogation of Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Company with respect to such use.



These Terms, the Terms of Service, the Privacy Policy, and any other document incorporated herein by reference constitute the entire agreement between you and Company with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Company with respect to the Services. A printed version of these Terms and of any Notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.



These Terms are non-transferable, and you may not assign your rights and obligations under these Terms without the express written consent of Company.



If you have any questions regarding your use of the Services or compliance with these Terms, please contact us at contact@digitaldreamsent.com





26. Copyright Infringement Policy



Company is committed to protecting the rights of copyright rights holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property.



If you are a copyright owner or an agent thereof and believe that any User Generated Content on the Services infringes on your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated agent for copyright claim notifications (“Designated Agent”) with the following information in writing (see 17 U.S.C. §512(c)(3) for further detail):



  a. A physical or electronic signature of a person authorized to act on behalf of the owner of an

       exclusive right that is allegedly infringed;



  b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted

       works within the Services are covered by a single notification, a representative list of such works

       that appear within the Services;



  c. Identification of the material that is claimed to be 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 the service provider to locate the material;



  d. Information reasonably sufficient to permit the service provider to contact you, such as an

       address, telephone number, and, if available, an electronic mail;



  e. 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; and



  f. A statement under penalty of perjury that the information in the notification is accurate, and you

     are the owner of, or authorized to act on behalf of the owner of, an exclusive right that is allegedly

     infringed.



Company will process any notices of alleged copyright infringement and will take appropriate actions as permitted under the DMCA. Upon receipt of notices complying with the DMCA, Company will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.



The Designated Agent can be reached at: contact@digitaldreamsent.com





27. DMCA Counter Claims



Company may notify the owner or administrator of the affected User Generated Content so that he or she can make a counter-notification pursuant to his or her rights under the DMCA. If you receive such a notice, you may provide counter-notification in writing to the Designated Agent. To be effective, the counter-notification must be a written communication that includes the following:



  a. Your physical or electronic signature;



  b. Identification of the material that has been removed or to which access has been disabled, and

       the location at which the material appeared before it was removed or access to it was disabled;



  c. A statement from you under the penalty of perjury, that you have a good faith belief that the

      material was removed or disabled as a result of a mistake or misidentification of the material to

      be removed or disabled; and



Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Company may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.​

Terms of Service

Last Updated January 3, 2025

General Information

Welcome to www.mutantfootballleague.com. These Terms govern your access to and use of the Services (defined below), and any associated content related updates, upgrades, and features. These Terms are a legally binding agreement between you and Digital Dreams Entertainment, Inc. Read these Terms carefully before using the Services. By accessing or using the Services, you hereby agree and assent to all terms, conditions, and obligations herein. IF YOU DO NOT AGREE WITH THESE TERMS OR ANY PORTION THEREOF, YOU MAY NOT USE OR OTHERWISE ACCESS THE SERVICES. 

We may amend these Terms at any time by posting a revised version on the Website (Defined below). Each revised version will state its effective date, which will be effective on or after the date on which it is posted or sent. Your continued use of the Services after the effective date of such revision constitutes your acceptance of the revised Terms.

These Terms include, by reference, the www.mutantfootballleague.com Privacy Policy, as amended from time to time. 

These Terms do not apply to any products or services provided by Digital Dreams Entertainment, Inc. on any other than those expressly referenced herein and shall apply exclusively to those offered on the Website and the Services only. The usage of such other sites are governed by their respective terms of service.

BY USING THE SERVICES, YOU CONFIRM THAT YOU ARE ABOVE THE MINIMUM AGE AND ARE NOT BARRED FROM USING THE SERVICES UNDER APPLICABLE LAW. 

THE SERVICES ARE NOT DIRECTED TO CHILDREN UNDER 13 AND YOU MAY NOT USE THE SERVICES IF YOU ARE UNDER 13 YEARS OLD. BY ACCESSING AND/OR USING THE SERVICES YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE. IF YOU ARE OVER THE AGE OF 13 BUT UNDER THE AGE OF 18 OR OTHERWISE UNDER THE LEGAL AGE OF THE MAJORITY IN YOUR JURISDICTION OF RESIDENCE, YOU MAY ONLY USE THE SERVICES WITH PERMISSION FROM AND UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN AND SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN SECTION 4 OF THESE TERMS.

1. Definitions

Company” means Digital Dreams Entertainment, Inc. References to “us” “we,” or “our” means Company, including any and all subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers, and directors. Company does not include affiliates or third parties (analytics or ad tech companies, or similar organizations).

Dispute” means any controversy related to this agreement, including without limitation claims arising out of or relating to any aspect of the relationship between you and Company, claims that arose before these Terms, and claims that may arise after the termination of these Terms; however, this does not include claims related to or arising from the enforcement or protection of Intellectual Property Rights, and is subject to any applicable statutory consumer rights laws in your local jurisdiction.

Intellectual Property Rights” means, any and all right, title, and interest of every kind whatsoever, whether now known or unknown, in and to patents, trade secret rights, copyrights, trademarks, service marks, trade dress and similar rights of any type under the laws of any governmental authority, including, without limitation, all applications and registrations relating to the foregoing.

Notice” means a delivered writing by email, courier, or postal delivery to the other party at their respective address and will be effective upon receipt.

Privacy Policy” means our policy regarding data collection and processing, which also governs your use of the Services and is incorporated herein by reference.

Protected Content” means all content included as part of the Services and any compilation thereof including, without limitation, the look and feel of the Services, text, graphics, designs, and any other works of authorship or other materials contained therein, whether or not protectable by copyright, trademark, or other applicable law or legal theory. 

Services” means the Website Mutant Football League game, and all other applications, software, content, tools, features, and functionality offered on or through our Website and any associated services or materials thereon, including without limitation the Mutant Football League game or any other games offered in connection with or as part of the Website or Services. 

Terms” means these terms of service and any terms, conditions, covenants, representations, warranties, obligations, and licenses contained herein.

User,” “you” or “your” means any user of the Services, or any owner, officer, employee, affiliate, or agent of the same that uses the Services or any portion thereof.

User Generated Content” means information, materials, and content that you upload or share via the Services uploaded to the Website or otherwise provided to Company.

Website” means the online website “https://www.mutantfootballleague.com” including all sub-pages, sub-domains, and associated domains thereof. 

2. User Generated Content

You may provide us with User Generated Content as part of the Services. You represent and warrant that (i) you own or otherwise have the necessary rights to use and to grant us the right to use the User Generated Content you provide to us, and (ii) the User Generated Content will not infringe or violate any third-party rights including, without limitation, any publicity, copyright, trademark, or intellectual property rights. We reserve the right, at our sole discretion, to refuse or cancel any Services for any reason, including if we believe that the User Generated Content provided violates these Terms.

By creating any User Generated Content, you hereby grant Company a non-exclusive, perpetual, irrevocable (except as provided below), worldwide, royalty-free, paid-up, fully transferable and sublicensable license to reproduce, modify, host, copy, display, publicly perform, create derivative works of, publicly display, transfer, or otherwise use or exploit such User Generated Content, in whole or in part, including within the Services and to host, distribute, and allow other users to download the User Generated Content. 

The foregoing license is revocable and will terminate in the event that you elect to delete your User Generated Content; provided that such license may persist for the maximum duration allowable by applicable law, including in perpetuity, to the extent you share any User Generated Content with third parties and others copied or stored portions of the User Generated Content.  

You hereby represent that any User Generated Content you create is wholly original and you own all right, title, and interest to such User Generated Content or otherwise have the legal right and authority to integrate such User Generated Content into the Services and grant the license to Company as described herein. You further warrant that the authorized use or exploitation of the User Generated Content, will not violate any third-party rights including, without limitation, any copyright, trademarks or other intellectual property rights, privacy rights, or statutory or common law rights of publicity in any jurisdiction. 

Company reserves the right to remove any User Generated Content that does not comply with these Terms. Company may also remove User Generated Content that violates someone else’s rights, including without limitation any trademarks, copyrights, patent rights or similar, as well as statutory and common law rights of publicity. Finally, Company may remove the following: 

    a. User Generated Content that harasses, defames, or disparages any individual including any

        harassing or pejorative comments based on any individual’s sex, sexual orientation, sexual

        preference, transgender status, gender identity, race, ethnicity, religion, or other protected class;

        or 

    b. User Generated Content that may be considered misleading, fraudulent, or otherwise unlawful

        or that is uploaded for an illegal or unauthorized purpose. 

You acknowledge and agree that a violation of this Section will constitute a material breach of this Agreement and if Company discovers you violated the Section it may, in its sole discretion, revoke your access to the Services at any time without Notice. If you believe that any User Generated Content appearing on the Website has been copied in a way that constitutes copyright infringement, see Section 21 below.

3. License Restrictions and Prohibited Conduct 

 

You are granted a non-exclusive, non-transferable, revocable license to access and use the Services, strictly in accordance with these Terms. As a condition of your use of the Services, you represent and warrant to Company that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not do any of the following with respect to the Services or any components thereof: 

    j.    Use the Services commercially or for a promotional purpose, except as otherwise authorized

          herein; 

    k.   Copy, reproduce, distribute, display, publicly perform, publish, or use the Services or any

          portion or aspect thereof, in any way that is not expressly authorized in these Terms;

    l.    Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of

          the Services or any part thereof, except and only to the extent that this activity is expressly

          permitted by the applicable law of your country of residence; 

    m. Modify, adapt, translate or create derivative works based upon the Services or any part thereof,

          except and only to the extent that such activity is expressly permitted by these Terms or by

          applicable law notwithstanding this limitation;

    n.   Remove, circumvent, disable, damage or otherwise interfere with security-related features of

          the Services; 

    o.   Access any the Services or any website, server, software application, or other computer

          resource owned, used and/or licensed by Company, by means of any robot, spider, scraper,

          crawler or other automated means for any purpose, or bypass any measures Company may use

          to prevent or restrict access to any website, server, software application, or other computer

          resource owned, used and/or licensed to Company; 

    p.   Obtain or attempt to obtain any materials or information through any means not intentionally

          made available or provided for through the Services;

    q.   Interfere with or disrupt the Services or servers or networks connected to the Services, or

          disobey any requirements, procedures, policies or regulations of networks connected to the

          Services; 

    r.    Use the Services in any manner which could damage, disable, overburden, or impair the

          Website or otherwise interfere with any other party's use and enjoyment of the Services;

    s.   Attempt to indicate in any manner that you have a relationship with Company or that Company

          has endorsed you or any products or services for any purpose;

    t.    Harvest or collect the email addresses or other contact information of other Users; 

    u.   Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access

          the Services accounts of others without permission, forge another person’s digital signature,

          misrepresent the source, identity, or content of information transmitted via the Services, or

          perform any other similar fraudulent activity;

    v.    Infringe the rights of any third party, including but not limited to intellectual property, privacy,

          and publicity rights;

    w.   Defame, harass, abuse, threaten, or defraud any third party; 

    x.    Collect, or attempt to collect, personal information about users or third parties without their

           consent;

    y.    Use the Services for any illegal purpose, or in violation of any local, state, national, or

          international law or regulation, including, without limitation, laws governing intellectual property

          and other proprietary rights, data protection and privacy. 

Company also reserves all available legal rights and remedies to prevent the unauthorized use of the Services, including, but not limited to, technological barriers, IP mapping, and contacting your internet service provider.

4. Children Under 18

    c.  By using the Services, you warrant and represent that you: (1) are at least 18 years of age and

         otherwise legally competent to read, understand and accept the provisions of this agreement;

         or (2) are a minor who has been authorized under the provisions of Section 4(b) below.

 

    d.  If you are the legal guardian of a minor, you can choose to allow use of the Services by that

         minor instead of yourself subject to the following provisions:

           v.    You acknowledge, and further agree that the aforementioned minor is entering into an

                  agreement with your consent;

          vi.    You acknowledge, and further agree you are entirely responsible for all the provisions in

                  these Terms;

          vii.   You acknowledge, and further agree, you are legally responsible for all actions of that

                 minor, including but not limited to any payments, damages and/or liabilities related to the

                 actions of that minor;

         viii.   In consideration of Company allowing access to the Services by a minor, and in addition to

                 the indemnification provisions set forth herein, the foregoing adult hereby guarantees and

                 agrees to pay for any and all liabilities of any nature whatsoever incurred under this

                 agreement and to defend, indemnify and hold harmless Company with respect thereto.

5. Account

 

You acknowledge and agree that by using Company’s website or Services, you may be subject to an agreement(s) with the unrelated third parties. You acknowledge and agree that Company is not a party to any of the foregoing agreements or any other agreements between you and any such third party and compliance with such agreements is not monitored, enforced, or controlled by Company. If Company receives notice that your activity violates any of the foregoing or any similar agreement between you and such third party, Company may, in our sole discretion take action to bring you into compliance with such agreements. Such actions may include suspending or terminating your Website privileges.

You further acknowledge and agree that by accessing the Services you are providing Company with limited access any information including any personal information about you contained within in your account and associated credentials for the purpose of logging into the Website.

You may delete your account at any time by accessing the Settings Page and following instructions therein.

6. Electronic Communication

 

Each and every time you send an email or other electronic communication to Company, such communication will constitute an electronic communication. By using the Services, you consent to receive electronic communications and you agree that all agreements, Notices, disclosures and other communications that Company provides to you via electronic communication, individually and collectively, satisfy any legal requirement that such communications be in writing.

7. Intellectual Property Ownership

Except to the extent the User Generated Content appears therein, the Protected Content is the property of Company or its third-party suppliers and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Protected Content, in whole or in part, found within the Services. Your use of the Services does not entitle you to make any unauthorized use of any of the Protected Content, and in particular you shall not delete or alter any proprietary rights or attribution notices in any Protected Content. You shall use Protected Content solely for your personal use, as outlined in these Terms, and will make no other use of the Protected Content without the express written permission of Company and/or Protected Content’s third-party owner, if applicable. You acknowledge and agree that you do not acquire any ownership rights in any Protected Content. Except as provided for herein, these Terms do not grant any licenses, express or implied, to the Protected Content or any other intellectual property of Company, our licensors, or any third party.

8. Service Availability and Termination 

You acknowledge and agree that: 

    e.   Company has the discretion to immediately terminate or restrict access to the Services or any

          portion thereof, at any time, for any reason, without Notice and without liability to you;

 

    f.    Access to the Services may be interrupted for reasons within or beyond the control of Company

          and that Company cannot and does not guarantee you will be able to use the Services

          whenever you wish to do so; and 

 

    g.   The Services may not be offered in all countries or geographic locations. 

9. Company Disclaimer and Limitation of Liability and Remedies

COMPANY IS NOT A BROKER, FINANCIAL INSTITUTION, CREDITOR, INSURER OR CHARITABLE ORGANIZATION. 

All information and content provided by Company through the Services is for informational and entertainment purposes only and Company does not guarantee the accuracy, completeness, or timeliness or reliability of any such information or content.

No content or information is intended to provide financial, legal, tax, or other professional advice. Before making any decisions regarding use of the Services or the purchase any other good or service, whether virtual or tangible, offered by the Services or any third party, you should consult your financial, legal, tax, or other professional advisers as appropriate. You acknowledge that you access content or information through the Services at your own risk and you are solely responsible for making the final determination as to the value and appropriateness of using the same.

USERS ARE NOT EMPLOYEES, PARTNERS, AGENTS, JOINT VENTURES, OR FRANCHISEES OF COMPANY. COMPANY DOES NOT PROVIDE FINANCIAL SUPPORT OR ASSISTANCE TO USERS. YOU HEREBY ACKNOWLEDGE THAT COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL OR USERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF GOOD AND WORKMANLIKE QUALITY,  WARRANTY OF MERCHANTABILITY,  FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY AS TO THE VALIDITY OF ANY PATENTS OR THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN THE EVENT OF ANY BREACH OF THIS AGREEMENT BY COMPANY, YOUR REMEDIES SHALL BE LIMITED TO AN ACTION FOR DAMAGES, IF ANY AND AS LIMITED ABOVE AND IN NO EVENT SHALL YOU BE ENTITLED TO SEEK TO ENJOIN OR RESTRAIN COMPANY’S PERFORMANCE IN ANY MANNER. ACCORDINGLY, YOU EXPRESSLY AGREE THAT ANY DAMAGE TO YOU WILL NOT BE IRREPARABLE OR OTHERWISE INCALCULABLE SO AS TO ENTITLE YOU TO SEEK AND/OR OBTAIN EQUITABLE OR INJUNCTIVE RELIEF.

10. Representations and Warranties

In addition to any other representations and warranties made herein, you hereby represent and warrant that (a) you are not prohibited from receiving or using any aspect of the Services under applicable laws and (b) Company has not previously disabled your access to the Services for a violation of the law or these Terms or other applicable agreements.

11. Links to Third Party Sites 

The Services may contain links to third-party websites including those that may allow you to purchase certain goods and services related to the Services. The third-party websites are not under the control of Company and Company is not responsible for the contents of the same, including without limitation any link contained therein. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the third-party website or any association with its operators. 

12. Device and Internet Connection
 

Use and access of the Services may require the use of your personal computer, laptop, tablet, or mobile device, as well as communication with or use of space on such device. You are solely responsible for all internet and/or mobile data connection and all associated fees that you incur when accessing the Services. 

13. International Users

The Services are controlled, operated and administered by Company from our offices within the United States. If you access the Services from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

14. Release

You hereby agree to release Company from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third-party (including other Users) in connection with the Services and any content therein. In furtherance of the foregoing, you hereby waive any applicable law or statute, which says, in substance: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED THE SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

15. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents and assigns from and against any and all claims, losses, costs, debt, liabilities and expenses (including, but not limited to attorney’s fees) arising from (i) your misuse of and access to the Services; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, intellectual property, or privacy right; (iv) your use of or inability to use the Services; and (v) any claim that you caused damage to a third-party.

16. Dispute Resolution

In the event of a Dispute between the parties arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then, except as provided below, the parties agree to submit the matter to mediation to a mutually acceptable mediator. In the event the parties are not able to resolve such Dispute through mediation within thirty (30) days of the date on which the initiating party notified the other party of the Dispute, the parties hereby agree to submit any Dispute they cannot resolve through mediation to final and binding arbitration. The arbitration will be conducted in New Castle County, Delaware before a single neutral arbitrator in accordance with the rules of JAMS. The arbitration will be conducted remotely unless the arbitrator believes an in-person hearing is required, in which case the location of the arbitration hearing will be determined by JAMS rules. The arbitrator will follow Delaware law in adjudicating the Dispute. The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct or vacate the award. Interpretations of these Terms, including determinations of unconscionability, will be determined by the arbitrator selected through this provision. The Arbitrator shall determine the scope and enforceability of this agreement to arbitrate, including whether any Dispute is subject to arbitration and shall rule on any defense, raised by a party hereto, that the claim(s) in question is exempt from this arbitration requirement. As part of the arbitration, the parties shall engage in the exchange and/or discovery of non-privileged information relevant to the Dispute, in accordance with JAMS rules. 

The foregoing shall not apply to any claims that fall under the auspices of a small claims court of competent jurisdiction and either party may seek appropriate relief therein.

The parties acknowledge and agree that any action with respect to your infringement or alleged infringement of any Intellectual Property Rights, any action in which Company seeks equitable relief, or any other action that may not be submitted to arbitration under applicable law, including the enforcement of any arbitration ruling, shall be tried by a court of competent jurisdiction located in New Castle County, Delaware. For that limited purpose, you hereby consent to the jurisdiction of the State of Delaware and agree that its laws will be used to resolve any disputes hereunder. 

17. Class Action Waiver

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

18. Access Restriction

Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this Section.

19. Severability

In the event that any provision of these Terms are determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

20. Miscellaneous

 

Company’s performance of the obligations described herein is subject to existing laws and legal process, and nothing contained in these Terms are in derogation of Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Company with respect to such use.

These Terms, the Privacy Policy, End User License Agreement and any other document incorporated herein by reference constitute the entire agreement between you and Company with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to the Services. A printed version of these Terms and of any Notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.

These Terms are non-transferable, and you may not assign your rights and obligations under these Terms without the express written consent of Company.

If you have any questions regarding your use of the Services or compliance with these Terms, please contact us at contact@digitaldreamsent.com 

21. Copyright Infringement Policy

Company is committed to protecting the rights of copyright rights holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property.

If you are a copyright owner or an agent thereof and believe that any User Generated Content on the Services infringes on your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated agent for copyright claim notifications (“Designated Agent”) with the following information in writing (see 17 U.S.C. §512(c)(3) for further detail):

    g.  A physical or electronic signature of a person authorized to act on behalf of the owner of an

         exclusive right that is allegedly infringed;

 

    h.  Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted

         works within the Services are covered by a single notification, a representative list of such works

         that appear within the Services;

 

    i.  Identification of the material that is claimed to be 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 the service provider to locate the material;

 

    j.  Information reasonably sufficient to permit the service provider to contact you, such as an

        address, telephone number, and, if available, an electronic mail;

 

    k.  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; and

 

    l.  A statement under penalty of perjury that the information in the notification is accurate, and you

       are the owner of, or authorized to act on behalf of the owner of, an exclusive right that is

       allegedly infringed.

Company will process any notices of alleged copyright infringement and will take appropriate actions as permitted under the DMCA. Upon receipt of notices complying with the DMCA, Company will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.

The designated agent can be reached at: contact@digitaldreamsent.com

 

27. DMCA Counter Claims

Company may notify the owner or administrator of the affected Content so that he or she can make a counter-notification pursuant to his or her rights under the DMCA. If you receive such a notice, you may provide counter-notification in writing to the Designated Agent. To be effective, the counter-notification must be a written communication that includes the following:

    d.  Your physical or electronic signature;

 

    e.  Identification of the material that has been removed or to which access has been disabled, and

         the location at which the material appeared before it was removed or access to it was disabled;

 

    f.  A statement from you under the penalty of perjury, that you have a good faith belief that the

       material was removed or disabled as a result of a mistake or misidentification of the material to

       be removed or disabled; and

Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Company may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

DDE End User License Agreement
DDE Terms Of Service
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