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Terms and Conditions of use
The Site and the provided products and services are proudly delivered to you by the Knight Enterprises team based in Ukraine (hereinafter referred to as "DOS Gamer"). The terms 'us', 'its', 'ours' and/or 'we', as used herein, refer to us, DOS Gamer and/or our affiliates, assignees, successors and/or brands.As used herein, the terms 'you', 'your', and/or 'yourself' refer to you, a user/visitor/browser of our Site, whether registered under an account or not.
By accessing this Site, you are agreeing to be bound by these web site terms and conditions of use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.If you do not agree with any of these Terms, you are prohibited from using or accessing this Site.The materials contained in this Site are protected by applicable copyright and trade mark law.
DOS Gamer is a website dedicated to reviving classic videogames that are considered abandoned under various intellectual property law principles.Accordingly, DOS Gamer agrees to furnish its classic video games library services (the "Services") to: (i) the visitors that browse the Site; (ii) users registered into the Site; and (iii) any other users that have opened an account, all subject to the following Terms.
Copyright and Content Ownership
For purposes of clarification, abandoned games are software programs that, without limitation: (i) are no longer supported and/or discontinued by the original publisher, producer or manufacturer, in any manner, even if they still own the intellectual property rights thereof; (ii) where the original IP owner is no longer in business, either directly or thought the absence of subsidiary companies, successors or assignors of the IP; and/or (iii) that cannot be currently accessed, complied or executed by commercially available hardware or software duly authorized by the IP owner.
For ease of understanding, 'intellectual property rights' shall mean any and all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of applicable jurisdictions.
Henceforth, DOS Gamer hereby disclaims any and all ownership, authorship, right and title into the classic abandoned video game library made available to users of the Services.Respective title holders of our classic game library are not affiliated with us, nor are our, partners, licensors or assignees.No section hereof shall be construed as intent to grant us or you any right transfer or interest into the classic abandoned games offered via the Site and our Services. We will duly take down any classic video game, upon receipt of a, appropriate takedown notice, and after due assessment by our team.
In addition, the trademarks, copyright, service marks, trademarks, registered service marks and/or registered trademarks, trade names and other intellectual property rights and proprietary notices displayed on the Site are the property of or otherwise are licensed to DOS Gamer, its licensors or affiliates, or the respective title holders, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in various jurisdictions throughout the world.
You may not reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, store on a retrieval system, transmit, or create derivative works of the Site, the Services or its content, in whole or in part, by any means, without the express written consent from DOS Gamer.
You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in the Site and our products and services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of this Policy, either in equity or through injunctive or other equitable relief.
DOS Gamer reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify these Terms, at any time and without notice.Any changes will be displayed in the Site, and we may notify you by email.Please refer to the last effective date where changes were last undertaken by us.Your use of our Services after the effective date of any update either by an account registration or actual use thereby indicates your acceptance thereof.
If you have any questions or complaints regarding the Site or our Services, please contact us via the contact web page. We will undertake our commercially reasonable efforts in order to answer as quickly as possible. You must provide us full details of your service query so that we can clearly identify your issue of concern.
DOS Gamer encourages you to report violations of our Terms.DOS Gamer has the right, but not the obligation, to monitor any activity and user generated content (e.g. names, photos, posts, feedback, images, comments, graphics, questions and other content) to determine compliance thereof, and to edit, refuse to post or remove any material or content submitted to or posted the Site that we find to be in violation of this Policy or that is otherwise objectionable.
You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the Site and use of our products and services.
DOS Gamer encourages parents, legal guardians and responsible adults to be actively involved in the safe use of the Internet by children and minors.DOS Gamer does not knowingly provide its Services to persons under the age of eighteen (18).If you are under such age, you may only use them, under the strict, direct and unequivocally express supervision of your parent or legal guardian.We reserve the right to request any and all applicable proof of identification and consent earthier from our users of from their legal parents or guardians, at any moment, without prior notice, and at our sole and final discretion.DOS Gamer does not knowingly collect any kind of information from any person under the age of thirteen (13), and will delete any related information thereto.
As our user, you agree to not undertake, motivate, or facilitate the use or access of the Site, the Products or the Services in order to:
Infringe these Terms, or allow, encourage or facilitate others to do so.
Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
Distribute, post or otherwise make available any content that: (i) infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or (vi) is or can be considered to be obscene, sexually explicit material, pornographic, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous material.
Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
The term hereof shall begin on the date that comes first among: (i) first access to the Site; (ii) your first access or execution of any of our Services; or (iii) DOS Gamer begins providing its Services to you.
The term hereof will automatically end on the earlier date of either your: (i) account deactivation or suspension; (ii) access termination or access revocation for our Services; (iii) DOS Game's termination of these Terms, at its sole and final discretion; (iv) the termination date indicated by DOS Gamer to you from time to time; or (v) DOS Gamer' decision to make the Site or the Services no longer available for use, at its sole and final discretion.
Third Party Links
The Site and the Services may contain hyperlinks to other websites.These links are for your personal convenience and to provide you with further information which may be of interest to you.The provision of such links does not imply any endorsement of such third party websites, products or services.
From time to time, we may place ads and promotions from third party sources within the Site.Accordingly, your participation or undertakings in promotions of third parties other than DOS Gamer, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party.DOS Gamer is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers.
By disclosing any data and personally identifying information to us, you agree to our Policy, including the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients. We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups.
Disclaimer of Warranty
To the fullest extent permissible under applicable law, the Site and the Services are provided to you "as is", with "all faults" and "as available", without warranty of any kind.DOS Gamer, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, non-infringement, non-interference with use and/or enjoyment. DOS Gamer cannot be responsible for classic abandoned video games or digital goods which may result corrupted, formatted, made inaccessible or even deleted, through causes that include, but are not limited to, game drops, lags, rollbacks, patches, or transferring them by yourself.
In no event shall DOS Gamer, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use, inaccessibility or malfunction of the Site or the Services, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources; whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not DOS Gamer, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.
Limitation of Liability
In no event shall DOS Gamer', or its affiliates', clients', licensors' and/or distributors' liability for all damages (except as required by applicable law) exceed the amount of USD$50.00 (Fifty United States Dollars); and henceforth any award for direct, provable damages shall not exceed such total amount.
These Terms provide you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction.Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You agree and acknowledge to indemnify, hold harmless, and defend DOS Gamer, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the "DOS Gamer ' Indemnitees") from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys' fees and court costs) which may be suffered, made or incurred by any of such DOS Gamer' Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by DOS Gamer); and/or (ii) any third party claim arising out of or in relation to the Site, the Products or the Services or use thereof in combination with your business platform, including without limitation, any claim that the Site, the Products or the Services violate, infringe, or misappropriate any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person.
Assignment.These Terms will inure to the benefit of any successors of the parties.
Force Majeure DOS Gamer shall not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond DOS Gamer' reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure.
Entire Agreement These Terms set forth the entire agreement between the parties hereof and may not be altered or amended except in writing signed by each both parties.
Language These Terms may be translated into other languages, but English shall be and remain the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.
Newsletters The Site may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party.Through our newsletters, you may receive information according to your subscriber preferences.As our subscriber, you will receive a conspicuous communication indicating any subscription and you will be able to select the amount and type of emails received by you.If you wish to unsubscribe, you will find 'unsubscribe' and similar links on our communications.
No Relationship You and DOS Gamer are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
No Waiver Failure by DOS Gamer to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.
Severability If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms will remain in full force and effect.
Applicable Law, Dispute Resolution
Applicable Law. Your use of this Site and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws of Israel, without regard to conflict of law principles.
Waiver of Class Actions, Non-Individualized Relief. You acknowledge and accept that claims brought against DOS Gamer shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding.Unless otherwise agreed by you and DOS Gamer, you may not adjoin or consolidate any claim with more than one person's; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.
Waiver of Jury Trial.The parties herein waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes be resolved by a competent judge.
Forum.You agree that any dispute arising from or relating to these Terms will be heard solely by a court or tribunal of competent jurisdiction in Ukraine. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney's fees, court costs, and disbursements in doing so.
If you have any questions or queries about us, the Site, our Services or these Terms, please contact us using the contact page.
Date of last effective update is 4 October 2021.