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END USER LICENSE AGREEMENT
YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE INSTALLING THIS SOFTWARE PROGRAM. BY INSTALLING, COPYING, OR OTHERWISE USING THE GAME, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY CONTACT YOUR PLACE OF PURCHASE REGARDING ITS RETURN POLICY FOR THE SOFTWARE PRODUCT.
The applicable files which YUKE’S Co., Ltd. ("YUKE’S") have made available for direct download, and any files that are delivered to you by us (via on-line transmission or otherwise) to "patch," update, or otherwise modify the software program, or online files accessible through a web browser as well as any printed materials and any on-line or electronic documentation (the "Manual"), and any and all copies and derivative works of such software program and materials (collectively, along with the "Game Client" defined below, the "Game") are the copyrighted work of YUKE’S or its suppliers and licensors (collectively referred to herein as "Licensor"). Your use of the Game is governed by the terms of this End User License Agreement ("License Agreement" or "Agreement") and a separate Terms and Conditions Agreement (“Terms of Use”) to which you must also agree to play the game. The Game may only be played by obtaining from Licensor access to the YUKE’S on-line game service (the "Service"), which is subject to a separate Terms of Use agreement. If your purchase of the Game included a period of "free access" to the Service, the Terms of Use agreement also governs your access to the Service during the period of "free access." The Game is distributed solely for use by authorized end users according to the terms of this License Agreement. Any use, reproduction or redistribution of the Game not expressly authorized by the terms of this License Agreement is expressly prohibited.
1. Grant of a Limited Use License.
The Game installs computer software (hereafter referred to as the "Game Client") onto your hardware to allow you to play the Game through your account with the Service (your "Account"). Licensor hereby grants, and by installing the Game Client you thereby accept, a limited, non-exclusive license and right to install the Game Client for your personal use on one (1) or more computers which you own or which are under your personal control. All use of the Game Client is subject to this License Agreement and to the Terms of Use agreement, which you must accept before you can use your Account to play the Game through access to the Service. As discussed in Section 12, Licensor reserves the right to change this Agreement and the Terms of Use at any time. Such changes shall be posted on our website https://dcdualforce.com/terms-and-conditions. Your continued use of the game constitutes your acceptances of such updates, modifications, or changes.
2. Service and Terms of Use.
As mentioned above, you must accept the separate Terms of Use agreement in order to access the Service to play the Game. The Terms of Use agreement governs all aspects of game play. You may view the Terms of Use by visiting the following website: https://dcdualforce.com/terms-and-conditions. If you do not agree with the Terms of Use, then (i) you should not register for an Account to play the Game, and (ii) you should promptly contact your retailer for a refund for the Game. Once you accept the Terms of Use and register an Account, the purchase price of the Game and any payments for the Game or Service will not be refunded to you if you choose not to continue to use the Service.
3. Ownership
a. All title, ownership rights and intellectual property rights in and to the Game and all copies thereof (including, but not limited to, any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Game) are owned or licensed by Licensor. The Game is protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved. The Game may contain certain licensed materials, and the licensors of those materials may enforce their rights in the event of any violation of this License Agreement.
b. You may not transfer ownership of the Game, any parts thereof, nor any of your rights and obligations under the License Agreement, to another.
c. Release. You hereby release and covenant not to hold liable YUKE’S or its affiliates, or any of their licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments or claims (a) pertaining to any intellectual property you assert to have been developed by you or any third party that interacts with, uses, or relates to the Game; and (b) which otherwise may arise in connection with your use of, reliance on, or reference to the Game. YUKE’S retains the Intellectual Property Rights in and to the Game and any derivative works thereto created by or for any other person or entity.
4. Responsibilities of End User
a. Subject to the Grant of License hereinabove, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, or create derivative works based on the Game, or remove any proprietary notices or labels on the Game. Failure to comply with the restrictions and limitations contained in this Section 4 shall result in the immediate, automatic termination of the license granted hereunder and may subject you to civil and/or criminal liability. Notwithstanding the foregoing, you may make one (1) copy of the Game Client and the Manuals for archival purposes only in accordance with Section 117 of the United States Copyright Act.
b. You agree that you shall not, under any circumstances:
5. Termination.
This License Agreement is effective until terminated. You may terminate the License Agreement at any time by (i) destroying all copies of the Game in your possession; (ii) removing the Game Client from your hard drive; and (iii) notifying Licensor of your intention to terminate this License Agreement by contacting us via our website at https://www.dcdualforce.com. Licensor may, at its sole discretion, terminate this License Agreement for any reason including in the event that you fail to comply with the terms and conditions contained herein, or the terms and conditions contained in the Terms of Use. In such event, you must immediately destroy all copies of the Game in your possession and remove the Game Client from your hard drive. Upon termination of this Agreement for any reason, all licenses granted herein shall immediately terminate. Licensor may discontinue the Game and terminate this Agreement at its sole discretion at any time after ten days advance notice posted to the postal address of the end user, or to the e-mail address of the end user, or on its website https://www.dcdualforce.com. or by providing any other suitable notice.
6. Export Restrictions and Controls.
You acknowledge that the Game may be subject to international rules that govern the export of software. You agree to comply with all applicable international and national laws that apply to the Game as well as end-user, end-use and destination restrictions issued by national governments. You will cooperate with YUKE’S as necessary to ensure compliance with the laws and regulations of the United States and all other relevant countries, relating to exports and re-exports. The Game may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By installing the Game, you are agreeing to the foregoing, and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
7. Patches and Updates.
Licensor may deploy or provide patches, updates and modifications to the Game that must be installed for the user to continue to play the Game. You consent to Licensor updating the Game remotely, including, without limitation, the Game Client residing on your machine, without advance or other notice to you, and you hereby grant to Licensor your consent to deploy and apply such patches, updates and modifications to the Game by push, pull, or any other technology now known or hereinafter developed.
8. Duration of the "On-line" Component of the Game.
This Game is an 'on-line' game that must be played over the Internet through the Service, as provided by Licensor. You understand and agree that the Service is provided by Licensor at its discretion and may be terminated or otherwise discontinued by Licensor pursuant to the Terms of Use.
9. Collected Information.
You agree that YUKE’S may collect certain information transmitted by your web browser, client software, or your personal computer, including without limitation certain geographic information or information regarding your computer (capabilities, game data processing, etc.). You agree that YUKE’S may use this information to generate aggregate statistics about its user community and that it may provide that information to advertisers and/or partners. You also agree that YUKE’S can use this information against you or any third party for security purposes, system integrity (the prevention of hacking, cheating, etc.), or enforcement purposes.
10. Limited Warranty.
To the fullest extent permitted under applicable law, Licensor expressly disclaims any warranty for the Game, including the Game Client and Manual(s). THE GAME, GAME CLIENT AND MANUAL(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF CONDITION, USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NONINFRINGEMENT. The entire risk arising out of use or performance of the Game, Game Client and Manual(s) remains with the user. THE LIMITATION OF LIABILITY BELOW SETS FORTH YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE GAME IS TO DEINSTALL AND CEASE USE OF SUCH GAME.
11. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR LICENSORS, OUR AFFILIATES OR OUR SUPPLIERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE POSSESSION, USE, OR MALFUNCTION OF THE SOFTWARE, YOUR ACCOUNT, THE GAME, OR THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, DAMAGE TO PROPERTY AND-TO THE EXTENT PERMITTED BY APPLICABLE LAW-DAMAGES FOR PERSONAL INJURY, EVEN IF WE, OUR LICENSORS AND EACH OF OUR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. THE LIABILITY OF YUKE’S, OUR LICENSORS OR ANY OF OUR OR THEIR RESPECTIVE PARENT OR AFFILIATED COMPANIES TO YOU OR ANY THIRD PARTIES IS LIMITED TO $100. YOU AGREE TO WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST YUKE’S, ITS LICENSORS, THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO ENFORCE THE TERMS HEREOF; HOWEVER, THE FOREGOING SHALL NOT PRECLUDE YUKE’SAND/OR ITS LICENSORS FROM SEEKING ANY INJUNCTIVE RELIEF. Some jurisdictions do not allow the foregoing limitations of liability, so they may not apply to you.
12. Equitable Remedies.
You hereby agree that Licensor would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore you agree that Licensor shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as Licensor may otherwise have available to it under applicable laws.
13. Changes to the Agreement.
YUKE’S reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this License Agreement when YUKE’S upgrades the Game Client, effective upon prior notice as follows: YUKE’S will post notification of any such changes to this License Agreement on the Game website and will post the revised version of this License Agreement in this location, and may provide such other notice as by postal mail, email or pop-up screen. If any future changes to this License Agreement are unacceptable to you or cause you to no longer be in compliance with this License Agreement, you may terminate this License Agreement in accordance with Section 5 herein. Your installation and use of any updated or modifications to the Game or your continued use of the Game following notice of changes to this Agreement as described above will mean you accept any and all such changes. YUKE’SMAY CHANGE, MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OF THE GAME AT ANY TIME. YUKE’S may also impose limits on certain features or restrict your access to parts or all of the Game without notice to you or liability licensor. You agree that you have no interest, monetary or otherwise, in any feature or content contained in the Game.
14. Jurisdiction’s Restrictions.
If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this agreement according to age and you are under such a jurisdiction and under such age limit, you may not enter into this Agreement and download, install or use the Game.
15. Relationship Between the Parties.
The relationship between you and YUKE’S is that of licensee/licensor. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, nor to represent the other party as agent, employee, franchisee, or in any other capacity.
16. Representations and Warranties.
You represent and warrant that all information provided by you is true and accurate and complete, and that you are authorized to enter into this Agreement and comply with its terms. Furthermore, You represent and warrant that you will at any and all times meet with your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the Game.
17. Resolution of Disputes
In order to expedite and control the cost of disputes, you and YUKE’S agree that any legal or equitable claim relating to this Agreement (referred to as "Claim") will be resolved as follows:
a. Informal Resolution.
You and YUKE’S agree that we will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding (except for Claims involving any violation of the federal trademark or copyright laws, or for injunctive relief) for at least 30 days after one of us notifies the other of a Claim in writing. YUKE’S will send its notice to your billing address, with a copy via email to your email address.
b. Formal Resolution - US and International Residents
(1) Agreement to Arbitrate.
If we cannot resolve a Claim informally, we agree that any and all Claims either of us asserts shall be resolved solely through binding arbitration, which to the fullest extent under applicable law shall be final non-appealable. The arbitration will be conducted under the rules of the Judicial Arbitration and Mediation Service ("JAMS") that are in effect at the time the arbitration is initiated, including the rules for the exchange of non-privileged and relevant information, and under the rules set forth in this Agreement. If there is a conflict between JAMS rules and the rules set forth in this Agreement, the rules set forth in this Agreement will govern. This arbitration will be governed under the JAMS Streamlined arbitration rules in force at the time the arbitration commences. Other fees will be paid in accordance with JAMS rules. The arbitration will be held at a JAMS dispute resolution center in Orange County, California unless you and YUKE’S both agree to another location. Forms and other information on filing such a Claim can be found at www.jamsadr.com.
BY AGREEING TO ARBITRATE AS SET FORTH HEREIN, YOU UNDERSTAND THAT WE ARE BOTH WAIVING OUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
(2) Special Rules.
You and YUKE’S agree that the type of arbitration in which we both agree to participate is between YUKE’S and you as an individual. YOU AND YUKE’STHAT NEITHER OF US WILL UTILIZE OR ATTEMPT TO UTILIZE CLASS ACTION ARBITRATION PROCEDURES IN ANY ARBITRATION.
c. Formal Resolution - Jurisdiction - and Jurisdiction.
Both parties submit to personal jurisdiction in California and further agree that any Claim shall be exclusively brought in under the JAMS rules in the County of Orange, State of California. Parties agree that the laws of the State of California shall govern the resolution of any Claim arising out of this agreement.
d. Severability
In the event that any provision of this Terms of Service shall be held by an arbitrator, court, or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible, and the remaining portions of this License Agreement shall remain in full force and effect.
In particular in regard to Section 16(b), you and YUKE’S agree that if Section 16(b)(1) is found to be unenforceable by a court of competent jurisdiction, it shall be severed from this Agreement and - in that event -- you and YUKE’S agree to submit to personal jurisdiction in California and agree that any Claim shall be exclusively brought in the appropriate state or federal court in the County of Orange, State of California. You and YUKE’S also agree that if Section 16(b)(2) is found to be unenforceable by a court of competent jurisdiction, then - regardless of the enforceability of Section 16(b)(1) -- any class action Claim shall be exclusively brought in the appropriate state or federal court in the County of Orange, State of California and you agree to submit to personal jurisdiction in California.
I hereby acknowledge that I have read and understand the foregoing License Agreement and agree that the action of installing the Game Client is an acknowledgment of my agreement to be bound by the terms and conditions of the License Agreement contained herein.
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TERMS OF SERVICE FOR DC DUAL FORCE
Please read the DC Dual Force Terms of Service Agreement (“Agreement”) carefully before registering an Account, and using the DC Dual Force Game, or any such other software usage. This Agreement is a legally binding document between you and YUKE’S Co., Ltd. (“YUKE’S”). By accepting the terms of this Agreement and downloading the Game Client, you are agreeing to be bound by the terms of this Agreement.
DC Dual Force (or otherwise referenced as “DCDF”, and defined below) includes two components: (i) the software program along with any accompanying materials or documentation (collectively, the “Game”), and (ii) YUKE’S’ proprietary online service (“Service”).
IF YOU DO NOT AGREE to the term of this Agreement, do not click “I Accept” to accept the Agreement and do not register an Account with the Game.
However, if you have registered an Account, or will be registering an Account, through YUKE’S and using the DC Dual Force Game you agree to the terms of the Code of Conduct Privacy Policy and DC Dual Force End User License Agreement (acknowledge prior to downloading the Game) each of which are incorporated into this Agreement by reference. Each of these documents may, at any time, for any reason, be updated, changed, removed, or modified at the sole discretion of YUKE’S, and your continued use of the DC Dual Force Game after such changes constitutes your acceptance of said change.
IF YOU DO NOT AGREE to the applicable terms of the Code of Conduct, Privacy Policy, and DC Dual Force End User License Agreement, do NOT click “I Accept” to accept the Agreement and do NOT register an account with the Game.
By clicking “I Accept”:
(1) You acknowledge that you have read the terms of this Agreement in its entirety;
(2) You acknowledge that in-game purchases are allowed but not required to play the DC Dual Force Game;
(3) You agree to be bound by the terms of this Agreement;
(4) Depending on your country of residence, you agree to be bound by the applicable terms of the DC Dual Force Code of Conduct, DC Dual Force Privacy Policy; and
(5) You are authorized and able to accept this Agreement.
IF YOU DO NOT AGREE to the terms of this Agreement, click the “Cancel” button and do NOT register an Account.
Any and all unauthorized use is strictly prohibited.
Terms and conditions of the Agreement are as follows:
DC Dual Force (or otherwise referenced as “DCDF”, and defined below) includes two components: (i) the software program along with any accompanying materials or documentation (collectively, the “Game”), and (ii) YUKE’S’ proprietary online service (“Service”)
A. Grant of Limited License to Use the Service.
If you agree to this Agreement, you may register an account (“Account”) through for purposes of playing DC Dual Force. Subject to your agreement to and continuing compliance with this Agreement, and the applicable terms of the Code of Conduct, Privacy Policy, and YUKE’S’ End User Software License, you may use the Services solely for our non-commercial entertainment purposes by accessing it with an authorized, unmodified Game Client. You may not use the Service for any other purpose, or in connection with any other software.
B. DC Dual Force Game.
1. Accounts Naming Restrictions. YUKE’S reserves the right at all times to impose a ban on objectionable or offensive in-game names. These include but are not limited to the following:
(a) Containing any false, unsubstantiated, or unwarranted claims for any product or service, or testimonials, that YUKE’S, in its sole and absolute discretion, considers unethical;
(b) Advertising any non-“over the counter” drug, tobacco product, firearm, handgun or ammunition;
(c) Containing any material constituting or relating to any activities which are illegal in any YUKE’S region, including but not limited to, a lottery or an enterprise, service or product that abets, assists or promotes gambling;
(d) Containing any material that is defamatory, obscene, profane, vulgar, repulsive or offensive, or that describes or depicts any internal bodily functions or symptomatic results of internal conditions, or refers to matters which are not considered socially acceptable topics;
(e) Advertising any pornographic website or pornographic products;
(f) Containing any trademark, copyrighted material or other element of intellectual property that is used without the owner’s consent or that may give rise to, or subject YUKE’S or its affiliates to, any claim of infringement, misappropriation, or other form of unfair competition;
(g) Disparaging or libeling any player or any other person, entity or product..
YUKE’S reserves the right to refuse continued participation in the game to any player who does not comply with the aforementioned account naming rules.
2. Eligibility. The DC Dual Force Game is available only to individuals considered to be adult age in the Account holder’s respective country and older. If you are a minor, as according to the laws of your state, your parent or guardian must complete the registration process, in which case the parent or guardian will take full responsibility for all obligations under this Agreement. By clicking the download link and downloading the Game Client, you represent that you are of adult age and are either accepting this Agreement on behalf of yourself or on behalf of your child. An account with identifying information, must be created to use the Service (“Account”), and your Account is personal to you and may not be transferred, sold or used by anyone else unless you are a parent or guardian, in which case you may permit one child to use the Account instead of yourself. Regardless, you are liable for all activities conducted through your Account.
3. Account Creation. As defined in Section B.2., the Account is personal to you. You may only register one Account specifically attached to that account.
4. Beta Releases. In the event that any part of the DC Dual Force Game is released as a beta release, or initial phase of product testing released to a limited number of external users (“Beta Releases”), you acknowledge and agree the Beta Releases may contain more or less features than future releases. While YUKE’S intends to distribute a full release, it reserves the right at any time not to release a full version, or, if released, to alter features, specification, capabilities, function, licensing terms, release dates, general availability or other characteristics. You agree that the Beta Releases may contain errors affecting proper operation and functionality.
5. Fees for Products and Services. The Beta Release allows for the purchase and use of in-game currency, which is referred to as “Gems” within the DC Dual Force Game. No purchases of Gems are processed through YUKE’S. Purchases are processed by third party vendors, which shall provide all relevant information at the time of initial purchase. No refunds are available for purchases of Gems. Once Gems are purchased it retains no value outside of the DC Dual Force Game.
6. Tournaments, Contests, Promotions, Redemption Codes and Events.
(a) The Beta Release limits the play in certain tournament, contest, and redemption codes to access with the purchase and use of Gems. Gems can be used to purchase digital goods for use during play exclusively in and with the DC Dual Force Game. Gems may be required to enter tournaments and contests held within the DC Dual Force Game and only accessed by Account holders.
(b) The Beta Release will award prizes for various activities in the DC Dual Force Game. The available prizes will be acknowledged during game play. No prizes will be award as financial compensation, nor retain any value outside of the DC Dual Force Game. Prizes are solely for use in and with the DC Dual Force Game and distributed as rewards for game play.
(c) Tournaments may have additional rules that you are required to follow. Some tournaments may have supplemental Terms and Conditions that you must accept in the game client in order to participate.
C. Permitted Agreement Uses and Restrictions.
1. Recordings. Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to access and use the DC Dual Force Game. YUKE’S, through the DC Dual Force Game, may use third party websites and technologies to record or stream gameplay or chat dialogue (“Recordings”). YUKE’S does not object to the creation and distribution of Recordings so long as such Recordings, (i) otherwise comply with the terms of this License, (ii) the Recordings themselves are not commercially sold or distributed, and (iii) comply with all national, state and local laws, rules and regulations. If you are uncertain about your right to create or distribute the Recordings you created, you should contact a legal advisor.
2. Fan Sites. YUKE’S does not object to the creation of fan sites and community websites (“Fan Sites”), so long as such Fan Sites comply with all terms and conditions of this License, and the Fan Sites make no claim to any YUKE’S intellectual property rights (as defined within). YUKE’S reserves the right to determine if Fan Sites have violated any terms of the License and/or would not be considered a Fan Site by ordinary custom and practices. Fan Sites may not at any time detract from the ordinary play of the DC Dual Force Game.
3. Intellectual Property Rights. YUKE’S owns all right, title and interest in and to the DC Dual Force Game and related products or services, and all aspects thereof (including, but not limited to, any software, titles, computer codes, themes, objects, character inventories, structural or designs, animations, sounds, compositions, audio-visual effects, methods of operation, moral rights, related documentation, and/or Service whether on disk, in read only memory, on any other media or in any other form). All characters, character names, characters likeness, stories, dialog, catch phrases, location, concepts, artwork, DC intellectual property and DC trademarks are the intellectual property of DC Comics, Inc. Your Account and your use of the DC Dual Force Game or related products and services does not grant you any ownership interest in and to the same.
4. Ownership and Transfer of Account. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON A YUKE’SSYSTEM, INCLUDING WITHOUT LIMITATION ANY ACCOUNT OR GEMS, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO SUCH ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF YUKE’S.
You may not rent, lease, lend, redistribute or sublicense your Account or any part of the DC Dual Force Game.
YUKE’SMAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY ACCOUNT AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are a result of violation of this Agreement, DC Dual Force End User Software License, or the Code of Conduct.
Code of Conduct: All users agree to abide by the Code of Conduct, which is incorporated by reference into this License and can be viewed at: https://dcdualforce.com/code-of-conduct.
5. Rules Related to Game Play. YUKE’S strictly enforces the rules that govern game play in the DC Dual Force Game. YUKE’S considers most conduct to be part of the DC Dual Force Game, and not harassment. Nonetheless, certain acts go beyond what is fair and are considered serious violation of this Agreement. Those acts include, but are not necessarily limited to, the following:
(a) using or exploiting errors in design, features which have not been documented, and/or program bugs to gain access that is otherwise not available, or to obtain a competitive advantage over other players;
(b) conduct prohibited by the DC Dual Force End User Software License (which must be “accepted” prior to downloading the Game Client);
(c) conduct prohibited by the Code of Conduct, which can be viewed at: https://dcdualforce.com/code-of-conduct
(d) anything that YUKE’S considers contrary to the “essence” of the DC Dual Force Game.
6. No Exploitation for Commercial Purposes. You agree that you will not exploit any part of the DC Dual Force Game for commercial purposes, including (a) performing in-game services in exchange for payment outside the DC Dual Force Game, or (b) for gathering in-game currency, items or resources for sale outside the DC Dual Force Game.
Use at a computing gaming center or any other location based site is permitted, under the following condition that, although Account holders are sharing a Game Client, no Accounts will be shared at any time, for any reason.
7. No External Transfer or Sale of Virtual Assets. YUKE’S does not recognize any purported transfers or sales of event tickets or other virtual assets outside of the DC Dual Force Game.
8. Consent to Monitor. When using the DC Dual Force Game, the DC Dual Force Game may monitor your computer’s random access memory (RAM) for unauthorized third party programs running concurrently with the DC Dual Force Game. An “unauthorized third party program” as used herein shall be defined as any third party software that conducts activities prohibited in the DC Dual Force End User Software License. In the event that the DC Dual Force Game detects an unauthorized third party program, the DC Dual Force Game may communicate information back to YUKE’S, including without limitation your account name, details about the unauthorized third party program detected, and the time and date, and/or YUKE’S may exercise any and all of its rights under this agreement, with or without prior notice to the user.
9. Consent to Use of Data, Beta Releases. You agree that YUKE’S and its subsidiaries and agents may collect, maintain, process and use diagnostic technical, usage and related information, including but not limited to unique system or hardware identifiers, information about your computer, system and application software, and peripherals, that is gathered periodically to provide and improve YUKE’S’ products and services, facilitate the provision of software updates, product support and other services to you (if any) related to the DC Dual Force Game, and to verify compliance with the terms of this License. You may NOT change these settings. YUKE’S may use all information collected in the Beta Releases or any previous release, and some information collected may personally identify you through your Account. Additionally, if you request any technical support, you consent to YUKE’S accessing your Account for the purposes of support.
YUKE’S may, with or without notice to you, disclose your IP Address, personal information, chat logs, and other information about you and your activities: (a) in response to a request by law enforcement, a court order or other legal process; or (b) if YUKE’S believes that doing so may protect your safety or the safety of others.
YUKE’SMAY MONITOR, RECORD, REVIEW, MODIFY, AND/OR DISCLOSE YOUR CHAT SESSIONS, WHETHER VOICE OR TEXT, WITHOUT NOTICE TO YOU, AND YOU HEREBY CONSENT TO SUCH MONITORING, RECORDING, REVIEW, MODIFICATION AND/OR DISCLOSURE. Additionally, you acknowledge that YUKE’S is under no obligation to monitor your electronic communications, and you engage in those communications at your own risk.
Privacy Policy. At all times your information will be treated in accordance with YUKE’S’ Privacy Policy, which is incorporated by reference into this Agreement and can be viewed at: https://dcdualforce.com/privacy-policy
10. Consent to Receive Communication. You agree that we may communicate with you via the email your provide in your Account registration and any similar technology for any purpose relating to the DC Dual Force Game or related services which are in existence now or may in the future be provided by YUKE’S.
11. Feedback. YUKE’S does not accept unsolicited suggestions, comments, feedback or any potentially related intellectual property regarding the DC Dual Force Game or its related products and services.
12. International Use of DC Dual Force Game and Services. In addition, DC Dual Force, related products and services and third party materials that may be accessed from, displayed on or linked to from the DC Dual Force Game are not available in all languages or in all countries or regions. YUKE’S makes no representation that such related services and third party materials are appropriate or available for use in any particular location. To the extent you choose to use or access such services and third party materials, you do so at your own initiative and are responsible for compliance with applicable laws, including but not limited to applicable local laws and privacy and data collection laws.
13. Duration of the Online Component of the Service. DC Dual Force is an online game that must be played over the Internet through the Game Client. You understand and agree that the Service provided by YUKE’S at its sole discretion and may be terminated or otherwise discontinued by YUKE’S at any time for any reason. You are wholly responsible for the cost of all telephone and Internet access charges along with any necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Service.
14. Reserved Right to Change, Suspend, Remove or Disable. YUKE’S and its licensors reserve the right to change, suspend, remove or disable access to the DC Dual Force Game and any related services at any time without notice. In no event will YUKE’S be liable for the removal of or disabling of access to any such services. YUKE’S may also impose limits on the use of or access to certain services, in any case and without notice or liability.
D. Additional Restrictions and Limitations.
1. The DC Dual Force Game is made available solely for use by Account holders according to the terms of this Agreement. Any use, reproduction or redistribution of the DC Dual Force Game or related products or services not expressly authorized by this Agreement is expressly prohibited and may result in severe civil and criminal penalties.
2. Damaging Conduct. You are strictly prohibited from engaging in, or assisting other to engage in, conduct that would damage or impair the property of YUKE’S including, without limitation, the following: (a) copying, distributing, transmitting, displaying, performing, framing, linking, hosting, caching, reproducing, publishing, licensing, or creating derivative works, in whole or in part, from any information, software, products or services obtained from the DC Dual Force Game; (b) modifying, reverse engineering, disassembling or decompiling the DC Dual Force Game in whole or in part; (c) using intellectual property contained in the DC Dual Force Game to create derivatives or to provide other means through which others may play the DC Dual Force Game such as through server emulators or matchmaking services; (d) taking actions that impose an unreasonable or disproportionately large load on YUKE’S’ network infrastructure or that could damage, disable, overburden, or impair any of YUKE’S’ websites or other services; (e) interfering with any other party’s use and enjoyment of the DC Dual Force Game (including cheating) and any of YUKE’S’ websites; (f) attempting to gain unauthorized access to third party Accounts or the DC Dual Force Game, or any of YUKE’S’ websites, via any means; (g) using third party software designed to modify the DC Dual Force Game and/or the DC Dual Force Game experience in any means.
3. Unauthorized Third Party Software. You are strictly prohibited from use of unauthorized third party software that intercepts, “mines”, or otherwise collects information from or through the DC Dual Force Game, including without limitation any software that reads areas of RAM used by the Game Client to store information about a character, game environment, or other aspects of the DC Dual Force Game; provided, however, that YUKE’S may, at its sole discretion, allow the use of certain third party user interfaces.
4. Disclaimer of Warranties. If you are a user who is a consumer, you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.
(a) YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DC DUAL FORCE GAME IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND YUKE’SHEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE DC DUAL FORCE GAME, either express, implied or statutory, including, but not limited to, the implied warranties and/or CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
(c). YUKE’S does not warrant against interference with your enjoyment of the DC Dual Force Game and Services, that the functions contained in, or services performed or provided by, the DC Dual Force Game will meet your requirements, that the operation of the DC Dual Force Game will be uninterrupted or error-free, that any services will continue to be made available, that the DC Dual Force Game will be compatible or work with any third party software, applications or third party services, or that defects in the DC Dual Force Game or Services will be corrected.
5. Limitation of Liability Indemnity. NEITHER YUKE’SNOR ITS PARENT, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE GAME OR ANY USE OF THE GAME, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, NEITHER YUKE’SNOR ITS PARENT, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, DIGITAL OBJECTS, VIRTUAL GOODS OR CURRENCY, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE DC DUAL FORCE GAME, GAME CLIENT, AND/OR RELATED SERVICES. YUKE’SSHALL NOT BE RESPONSBILE FOR ANY INTERRUPTIONS OF SERVICE, INCLDUING WITHOUT LIMITATION ISP DIRUPTIONS OF SERVICE, INCLDUING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL YUKE’SBE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. In no event shall YUKE’S’ liability, whether arising in contract, tort, strict liability or otherwise, exceed (in the aggregate) the total fees paid to and/or donated by you to YUKE’S in order receive access to the Beta Release or any other releases of the Game Client.
You hereby agree to defend, indemnify and hold YUKE’S harmless from and against any claim, liability, loss, injury, damage, cost or expense (including reasonable attorneys’ fees) incurred by YUKE’S arising out of or from your use of the DC Dual Force Game. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.
6. Equitable Remedies. You hereby agree that YUKE’S will be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that YUKE’S shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as YUKE’S may otherwise have available to it under applicable laws.
E. Dispute Resolution; Governing Law; Severability, Etc.
1. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement, except as expressly provided below, (“Dispute”), you and YUKE’S agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. YUKE’S will send its notice to billing address provided upon registration, and if no billing address is provided (specifically in relation to the Services in the Beta Release), the notice will be send to the email address provided by you. All notices to YUKE’S shall be sent to: YUKE’S, 4-45-1, Ebisujima-cho, Sakai-ku, Sakai, Osaka, 590-0985, Japan.
2. Binding Arbitration. If you and YUKE’S are unable to resolve a Dispute through informal negotiations, either you or YUKE’S may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other party. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for consumer Related Disputes (“AAA Consumer Rules”). The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and YUKE’S may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
3. Restrictions to Arbitration Proceedings. You and YUKE’S agree that any arbitration shall be limited to the Dispute between YUKE’S and you individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
4. Exceptions to Informal Negotiations and Arbitration. You and YUKE’S agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration; (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or YUKE’S’ intellectual property rights; (b) any Dispute related to, or arising from, allegation of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief.
In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
5. Location of Arbitration. If you are a resident of the United States, any arbitration will take place at any reasonable location convenient for you, however, if outside of Los Angeles County, California, the arbitration proceedings may be limited to submission of document, by phone or online. For residents outside the United States, any arbitration shall be initiated in Los Angeles County, California, United States of America. Any Dispute not subject to arbitration, or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within Los Angeles County, California, United States of America, and you and YUKE’S agree to submit to the personal jurisdiction of that court.
6. Governing Law. Except as otherwise set forth herein, this Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to choice of law principles. This application of the United Nations Convention on Contracts for the international Sale of Goods is expressly excluded. For users outside the United States, other laws may apply if you choose not to agree to arbitrate as set forth above; provided, however, that such laws shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof.
7. Severability. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
8. Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to the use of the Services licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, provided, however, that this Agreement shall coexist with, and shall not supersede, the DC Dual Force End User Software License. To the extent that the provisions of this Agreement conflict with the provisions of the DC Dual Force End User Software License, the conflicting provisions in this Agreement shall govern. If any provision of this Agreement is found to be unenforceable, that provision shall be severed and the remainder of the Agreement shall be given full force and effect.
9. Governing Language. Any translation of this Agreement is done for local requirements and in the event of a dispute between English and any non-English versions, the English version of this Agreement shall govern.
E. Termination
1. This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice from YUKE’S if you fail to comply with any term(s) of this Agreement. YUKE’S may terminate this Agreement, at any time, for any reason, at its sole discretion, which includes deactivating your Account, and/or discontinuing the Service.
2. You may terminate this Agreement at any time by providing YUKE’S with written notification. Upon termination by you, no moneys will be refunded.
3. Upon the termination of this Agreement, you must cease all use of the Services, and destroy any YUKE’S owned intellectual property including but not limited to the Game Client, any downloaded data, graphics or music from the DC Dual Force Game.
By clicking “I Accept”:
(1) You acknowledge that you have read the terms of this Agreement in its entirety;
(2) You acknowledge that in-game purchases are allowed but not required to play the DC Dual Force Game;
(3) You agree to be bound by the terms of this Agreement;
(4) Depending on your country of residence, you agree to be bound by the applicable terms of the DC Dual Force Code of Conduct and DC Dual Force Privacy Policy; and
(5) You are authorized and able to accept this Agreement.
IF YOU DO NOT AGREE to the terms of this Agreement, click the “Cancel” button and do NOT register an Account.
YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE INSTALLING THIS SOFTWARE PROGRAM. BY INSTALLING, COPYING, OR OTHERWISE USING THE GAME, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY CONTACT YOUR PLACE OF PURCHASE REGARDING ITS RETURN POLICY FOR THE SOFTWARE PRODUCT.
The applicable files which YUKE’S Co., Ltd. ("YUKE’S") have made available for direct download, and any files that are delivered to you by us (via on-line transmission or otherwise) to "patch," update, or otherwise modify the software program, or online files accessible through a web browser as well as any printed materials and any on-line or electronic documentation (the "Manual"), and any and all copies and derivative works of such software program and materials (collectively, along with the "Game Client" defined below, the "Game") are the copyrighted work of YUKE’S or its suppliers and licensors (collectively referred to herein as "Licensor"). Your use of the Game is governed by the terms of this End User License Agreement ("License Agreement" or "Agreement") and a separate Terms and Conditions Agreement (“Terms of Use”) to which you must also agree to play the game. The Game may only be played by obtaining from Licensor access to the YUKE’S on-line game service (the "Service"), which is subject to a separate Terms of Use agreement. If your purchase of the Game included a period of "free access" to the Service, the Terms of Use agreement also governs your access to the Service during the period of "free access." The Game is distributed solely for use by authorized end users according to the terms of this License Agreement. Any use, reproduction or redistribution of the Game not expressly authorized by the terms of this License Agreement is expressly prohibited.
1. Grant of a Limited Use License.
The Game installs computer software (hereafter referred to as the "Game Client") onto your hardware to allow you to play the Game through your account with the Service (your "Account"). Licensor hereby grants, and by installing the Game Client you thereby accept, a limited, non-exclusive license and right to install the Game Client for your personal use on one (1) or more computers which you own or which are under your personal control. All use of the Game Client is subject to this License Agreement and to the Terms of Use agreement, which you must accept before you can use your Account to play the Game through access to the Service. As discussed in Section 12, Licensor reserves the right to change this Agreement and the Terms of Use at any time. Such changes shall be posted on our website https://dcdualforce.com/terms-and-conditions. Your continued use of the game constitutes your acceptances of such updates, modifications, or changes.
2. Service and Terms of Use.
As mentioned above, you must accept the separate Terms of Use agreement in order to access the Service to play the Game. The Terms of Use agreement governs all aspects of game play. You may view the Terms of Use by visiting the following website: https://dcdualforce.com/terms-and-conditions. If you do not agree with the Terms of Use, then (i) you should not register for an Account to play the Game, and (ii) you should promptly contact your retailer for a refund for the Game. Once you accept the Terms of Use and register an Account, the purchase price of the Game and any payments for the Game or Service will not be refunded to you if you choose not to continue to use the Service.
3. Ownership
a. All title, ownership rights and intellectual property rights in and to the Game and all copies thereof (including, but not limited to, any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Game) are owned or licensed by Licensor. The Game is protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved. The Game may contain certain licensed materials, and the licensors of those materials may enforce their rights in the event of any violation of this License Agreement.
b. You may not transfer ownership of the Game, any parts thereof, nor any of your rights and obligations under the License Agreement, to another.
c. Release. You hereby release and covenant not to hold liable YUKE’S or its affiliates, or any of their licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments or claims (a) pertaining to any intellectual property you assert to have been developed by you or any third party that interacts with, uses, or relates to the Game; and (b) which otherwise may arise in connection with your use of, reliance on, or reference to the Game. YUKE’S retains the Intellectual Property Rights in and to the Game and any derivative works thereto created by or for any other person or entity.
4. Responsibilities of End User
a. Subject to the Grant of License hereinabove, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, or create derivative works based on the Game, or remove any proprietary notices or labels on the Game. Failure to comply with the restrictions and limitations contained in this Section 4 shall result in the immediate, automatic termination of the license granted hereunder and may subject you to civil and/or criminal liability. Notwithstanding the foregoing, you may make one (1) copy of the Game Client and the Manuals for archival purposes only in accordance with Section 117 of the United States Copyright Act.
b. You agree that you shall not, under any circumstances:
- sell, grant a security interest in or transfer reproductions of the Game to other parties in any way not expressly authorized herein, nor shall you rent, lease or sublicense the Game to others;
- exploit the Game or any of its parts, including, but not limited to, the Game Client, for any commercial purpose;
- host, provide or develop matchmaking services for the Game or intercept, emulate or redirect the communication protocols used by Licensor in any way, including, without limitation, through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Game, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including, but not limited to, unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks or as part of content aggregation networks; or
- create or maintain, under any circumstance, any unauthorized connections to the Game or the Service. All connections to the Game and/or the Service, whether created by the Game Client or by other tools and utilities, may only be made through methods and means expressly approved by Licensor. Under no circumstances may you connect, or create tools that allow you or others to connect, to the Game's proprietary interface or interfaces other than those expressly provided by Licensor for public use.
5. Termination.
This License Agreement is effective until terminated. You may terminate the License Agreement at any time by (i) destroying all copies of the Game in your possession; (ii) removing the Game Client from your hard drive; and (iii) notifying Licensor of your intention to terminate this License Agreement by contacting us via our website at https://www.dcdualforce.com. Licensor may, at its sole discretion, terminate this License Agreement for any reason including in the event that you fail to comply with the terms and conditions contained herein, or the terms and conditions contained in the Terms of Use. In such event, you must immediately destroy all copies of the Game in your possession and remove the Game Client from your hard drive. Upon termination of this Agreement for any reason, all licenses granted herein shall immediately terminate. Licensor may discontinue the Game and terminate this Agreement at its sole discretion at any time after ten days advance notice posted to the postal address of the end user, or to the e-mail address of the end user, or on its website https://www.dcdualforce.com. or by providing any other suitable notice.
6. Export Restrictions and Controls.
You acknowledge that the Game may be subject to international rules that govern the export of software. You agree to comply with all applicable international and national laws that apply to the Game as well as end-user, end-use and destination restrictions issued by national governments. You will cooperate with YUKE’S as necessary to ensure compliance with the laws and regulations of the United States and all other relevant countries, relating to exports and re-exports. The Game may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By installing the Game, you are agreeing to the foregoing, and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
7. Patches and Updates.
Licensor may deploy or provide patches, updates and modifications to the Game that must be installed for the user to continue to play the Game. You consent to Licensor updating the Game remotely, including, without limitation, the Game Client residing on your machine, without advance or other notice to you, and you hereby grant to Licensor your consent to deploy and apply such patches, updates and modifications to the Game by push, pull, or any other technology now known or hereinafter developed.
8. Duration of the "On-line" Component of the Game.
This Game is an 'on-line' game that must be played over the Internet through the Service, as provided by Licensor. You understand and agree that the Service is provided by Licensor at its discretion and may be terminated or otherwise discontinued by Licensor pursuant to the Terms of Use.
9. Collected Information.
You agree that YUKE’S may collect certain information transmitted by your web browser, client software, or your personal computer, including without limitation certain geographic information or information regarding your computer (capabilities, game data processing, etc.). You agree that YUKE’S may use this information to generate aggregate statistics about its user community and that it may provide that information to advertisers and/or partners. You also agree that YUKE’S can use this information against you or any third party for security purposes, system integrity (the prevention of hacking, cheating, etc.), or enforcement purposes.
10. Limited Warranty.
To the fullest extent permitted under applicable law, Licensor expressly disclaims any warranty for the Game, including the Game Client and Manual(s). THE GAME, GAME CLIENT AND MANUAL(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF CONDITION, USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NONINFRINGEMENT. The entire risk arising out of use or performance of the Game, Game Client and Manual(s) remains with the user. THE LIMITATION OF LIABILITY BELOW SETS FORTH YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE GAME IS TO DEINSTALL AND CEASE USE OF SUCH GAME.
11. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR LICENSORS, OUR AFFILIATES OR OUR SUPPLIERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE POSSESSION, USE, OR MALFUNCTION OF THE SOFTWARE, YOUR ACCOUNT, THE GAME, OR THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, DAMAGE TO PROPERTY AND-TO THE EXTENT PERMITTED BY APPLICABLE LAW-DAMAGES FOR PERSONAL INJURY, EVEN IF WE, OUR LICENSORS AND EACH OF OUR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. THE LIABILITY OF YUKE’S, OUR LICENSORS OR ANY OF OUR OR THEIR RESPECTIVE PARENT OR AFFILIATED COMPANIES TO YOU OR ANY THIRD PARTIES IS LIMITED TO $100. YOU AGREE TO WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST YUKE’S, ITS LICENSORS, THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO ENFORCE THE TERMS HEREOF; HOWEVER, THE FOREGOING SHALL NOT PRECLUDE YUKE’SAND/OR ITS LICENSORS FROM SEEKING ANY INJUNCTIVE RELIEF. Some jurisdictions do not allow the foregoing limitations of liability, so they may not apply to you.
12. Equitable Remedies.
You hereby agree that Licensor would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore you agree that Licensor shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as Licensor may otherwise have available to it under applicable laws.
13. Changes to the Agreement.
YUKE’S reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this License Agreement when YUKE’S upgrades the Game Client, effective upon prior notice as follows: YUKE’S will post notification of any such changes to this License Agreement on the Game website and will post the revised version of this License Agreement in this location, and may provide such other notice as by postal mail, email or pop-up screen. If any future changes to this License Agreement are unacceptable to you or cause you to no longer be in compliance with this License Agreement, you may terminate this License Agreement in accordance with Section 5 herein. Your installation and use of any updated or modifications to the Game or your continued use of the Game following notice of changes to this Agreement as described above will mean you accept any and all such changes. YUKE’SMAY CHANGE, MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OF THE GAME AT ANY TIME. YUKE’S may also impose limits on certain features or restrict your access to parts or all of the Game without notice to you or liability licensor. You agree that you have no interest, monetary or otherwise, in any feature or content contained in the Game.
14. Jurisdiction’s Restrictions.
If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this agreement according to age and you are under such a jurisdiction and under such age limit, you may not enter into this Agreement and download, install or use the Game.
15. Relationship Between the Parties.
The relationship between you and YUKE’S is that of licensee/licensor. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, nor to represent the other party as agent, employee, franchisee, or in any other capacity.
16. Representations and Warranties.
You represent and warrant that all information provided by you is true and accurate and complete, and that you are authorized to enter into this Agreement and comply with its terms. Furthermore, You represent and warrant that you will at any and all times meet with your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the Game.
17. Resolution of Disputes
In order to expedite and control the cost of disputes, you and YUKE’S agree that any legal or equitable claim relating to this Agreement (referred to as "Claim") will be resolved as follows:
a. Informal Resolution.
You and YUKE’S agree that we will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding (except for Claims involving any violation of the federal trademark or copyright laws, or for injunctive relief) for at least 30 days after one of us notifies the other of a Claim in writing. YUKE’S will send its notice to your billing address, with a copy via email to your email address.
b. Formal Resolution - US and International Residents
(1) Agreement to Arbitrate.
If we cannot resolve a Claim informally, we agree that any and all Claims either of us asserts shall be resolved solely through binding arbitration, which to the fullest extent under applicable law shall be final non-appealable. The arbitration will be conducted under the rules of the Judicial Arbitration and Mediation Service ("JAMS") that are in effect at the time the arbitration is initiated, including the rules for the exchange of non-privileged and relevant information, and under the rules set forth in this Agreement. If there is a conflict between JAMS rules and the rules set forth in this Agreement, the rules set forth in this Agreement will govern. This arbitration will be governed under the JAMS Streamlined arbitration rules in force at the time the arbitration commences. Other fees will be paid in accordance with JAMS rules. The arbitration will be held at a JAMS dispute resolution center in Orange County, California unless you and YUKE’S both agree to another location. Forms and other information on filing such a Claim can be found at www.jamsadr.com.
BY AGREEING TO ARBITRATE AS SET FORTH HEREIN, YOU UNDERSTAND THAT WE ARE BOTH WAIVING OUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
(2) Special Rules.
You and YUKE’S agree that the type of arbitration in which we both agree to participate is between YUKE’S and you as an individual. YOU AND YUKE’STHAT NEITHER OF US WILL UTILIZE OR ATTEMPT TO UTILIZE CLASS ACTION ARBITRATION PROCEDURES IN ANY ARBITRATION.
c. Formal Resolution - Jurisdiction - and Jurisdiction.
Both parties submit to personal jurisdiction in California and further agree that any Claim shall be exclusively brought in under the JAMS rules in the County of Orange, State of California. Parties agree that the laws of the State of California shall govern the resolution of any Claim arising out of this agreement.
d. Severability
In the event that any provision of this Terms of Service shall be held by an arbitrator, court, or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible, and the remaining portions of this License Agreement shall remain in full force and effect.
In particular in regard to Section 16(b), you and YUKE’S agree that if Section 16(b)(1) is found to be unenforceable by a court of competent jurisdiction, it shall be severed from this Agreement and - in that event -- you and YUKE’S agree to submit to personal jurisdiction in California and agree that any Claim shall be exclusively brought in the appropriate state or federal court in the County of Orange, State of California. You and YUKE’S also agree that if Section 16(b)(2) is found to be unenforceable by a court of competent jurisdiction, then - regardless of the enforceability of Section 16(b)(1) -- any class action Claim shall be exclusively brought in the appropriate state or federal court in the County of Orange, State of California and you agree to submit to personal jurisdiction in California.
I hereby acknowledge that I have read and understand the foregoing License Agreement and agree that the action of installing the Game Client is an acknowledgment of my agreement to be bound by the terms and conditions of the License Agreement contained herein.
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TERMS OF SERVICE FOR DC DUAL FORCE
Please read the DC Dual Force Terms of Service Agreement (“Agreement”) carefully before registering an Account, and using the DC Dual Force Game, or any such other software usage. This Agreement is a legally binding document between you and YUKE’S Co., Ltd. (“YUKE’S”). By accepting the terms of this Agreement and downloading the Game Client, you are agreeing to be bound by the terms of this Agreement.
DC Dual Force (or otherwise referenced as “DCDF”, and defined below) includes two components: (i) the software program along with any accompanying materials or documentation (collectively, the “Game”), and (ii) YUKE’S’ proprietary online service (“Service”).
IF YOU DO NOT AGREE to the term of this Agreement, do not click “I Accept” to accept the Agreement and do not register an Account with the Game.
However, if you have registered an Account, or will be registering an Account, through YUKE’S and using the DC Dual Force Game you agree to the terms of the Code of Conduct Privacy Policy and DC Dual Force End User License Agreement (acknowledge prior to downloading the Game) each of which are incorporated into this Agreement by reference. Each of these documents may, at any time, for any reason, be updated, changed, removed, or modified at the sole discretion of YUKE’S, and your continued use of the DC Dual Force Game after such changes constitutes your acceptance of said change.
IF YOU DO NOT AGREE to the applicable terms of the Code of Conduct, Privacy Policy, and DC Dual Force End User License Agreement, do NOT click “I Accept” to accept the Agreement and do NOT register an account with the Game.
By clicking “I Accept”:
(1) You acknowledge that you have read the terms of this Agreement in its entirety;
(2) You acknowledge that in-game purchases are allowed but not required to play the DC Dual Force Game;
(3) You agree to be bound by the terms of this Agreement;
(4) Depending on your country of residence, you agree to be bound by the applicable terms of the DC Dual Force Code of Conduct, DC Dual Force Privacy Policy; and
(5) You are authorized and able to accept this Agreement.
IF YOU DO NOT AGREE to the terms of this Agreement, click the “Cancel” button and do NOT register an Account.
Any and all unauthorized use is strictly prohibited.
Terms and conditions of the Agreement are as follows:
DC Dual Force (or otherwise referenced as “DCDF”, and defined below) includes two components: (i) the software program along with any accompanying materials or documentation (collectively, the “Game”), and (ii) YUKE’S’ proprietary online service (“Service”)
A. Grant of Limited License to Use the Service.
If you agree to this Agreement, you may register an account (“Account”) through for purposes of playing DC Dual Force. Subject to your agreement to and continuing compliance with this Agreement, and the applicable terms of the Code of Conduct, Privacy Policy, and YUKE’S’ End User Software License, you may use the Services solely for our non-commercial entertainment purposes by accessing it with an authorized, unmodified Game Client. You may not use the Service for any other purpose, or in connection with any other software.
B. DC Dual Force Game.
1. Accounts Naming Restrictions. YUKE’S reserves the right at all times to impose a ban on objectionable or offensive in-game names. These include but are not limited to the following:
(a) Containing any false, unsubstantiated, or unwarranted claims for any product or service, or testimonials, that YUKE’S, in its sole and absolute discretion, considers unethical;
(b) Advertising any non-“over the counter” drug, tobacco product, firearm, handgun or ammunition;
(c) Containing any material constituting or relating to any activities which are illegal in any YUKE’S region, including but not limited to, a lottery or an enterprise, service or product that abets, assists or promotes gambling;
(d) Containing any material that is defamatory, obscene, profane, vulgar, repulsive or offensive, or that describes or depicts any internal bodily functions or symptomatic results of internal conditions, or refers to matters which are not considered socially acceptable topics;
(e) Advertising any pornographic website or pornographic products;
(f) Containing any trademark, copyrighted material or other element of intellectual property that is used without the owner’s consent or that may give rise to, or subject YUKE’S or its affiliates to, any claim of infringement, misappropriation, or other form of unfair competition;
(g) Disparaging or libeling any player or any other person, entity or product..
YUKE’S reserves the right to refuse continued participation in the game to any player who does not comply with the aforementioned account naming rules.
2. Eligibility. The DC Dual Force Game is available only to individuals considered to be adult age in the Account holder’s respective country and older. If you are a minor, as according to the laws of your state, your parent or guardian must complete the registration process, in which case the parent or guardian will take full responsibility for all obligations under this Agreement. By clicking the download link and downloading the Game Client, you represent that you are of adult age and are either accepting this Agreement on behalf of yourself or on behalf of your child. An account with identifying information, must be created to use the Service (“Account”), and your Account is personal to you and may not be transferred, sold or used by anyone else unless you are a parent or guardian, in which case you may permit one child to use the Account instead of yourself. Regardless, you are liable for all activities conducted through your Account.
3. Account Creation. As defined in Section B.2., the Account is personal to you. You may only register one Account specifically attached to that account.
4. Beta Releases. In the event that any part of the DC Dual Force Game is released as a beta release, or initial phase of product testing released to a limited number of external users (“Beta Releases”), you acknowledge and agree the Beta Releases may contain more or less features than future releases. While YUKE’S intends to distribute a full release, it reserves the right at any time not to release a full version, or, if released, to alter features, specification, capabilities, function, licensing terms, release dates, general availability or other characteristics. You agree that the Beta Releases may contain errors affecting proper operation and functionality.
5. Fees for Products and Services. The Beta Release allows for the purchase and use of in-game currency, which is referred to as “Gems” within the DC Dual Force Game. No purchases of Gems are processed through YUKE’S. Purchases are processed by third party vendors, which shall provide all relevant information at the time of initial purchase. No refunds are available for purchases of Gems. Once Gems are purchased it retains no value outside of the DC Dual Force Game.
6. Tournaments, Contests, Promotions, Redemption Codes and Events.
(a) The Beta Release limits the play in certain tournament, contest, and redemption codes to access with the purchase and use of Gems. Gems can be used to purchase digital goods for use during play exclusively in and with the DC Dual Force Game. Gems may be required to enter tournaments and contests held within the DC Dual Force Game and only accessed by Account holders.
(b) The Beta Release will award prizes for various activities in the DC Dual Force Game. The available prizes will be acknowledged during game play. No prizes will be award as financial compensation, nor retain any value outside of the DC Dual Force Game. Prizes are solely for use in and with the DC Dual Force Game and distributed as rewards for game play.
(c) Tournaments may have additional rules that you are required to follow. Some tournaments may have supplemental Terms and Conditions that you must accept in the game client in order to participate.
C. Permitted Agreement Uses and Restrictions.
1. Recordings. Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to access and use the DC Dual Force Game. YUKE’S, through the DC Dual Force Game, may use third party websites and technologies to record or stream gameplay or chat dialogue (“Recordings”). YUKE’S does not object to the creation and distribution of Recordings so long as such Recordings, (i) otherwise comply with the terms of this License, (ii) the Recordings themselves are not commercially sold or distributed, and (iii) comply with all national, state and local laws, rules and regulations. If you are uncertain about your right to create or distribute the Recordings you created, you should contact a legal advisor.
2. Fan Sites. YUKE’S does not object to the creation of fan sites and community websites (“Fan Sites”), so long as such Fan Sites comply with all terms and conditions of this License, and the Fan Sites make no claim to any YUKE’S intellectual property rights (as defined within). YUKE’S reserves the right to determine if Fan Sites have violated any terms of the License and/or would not be considered a Fan Site by ordinary custom and practices. Fan Sites may not at any time detract from the ordinary play of the DC Dual Force Game.
3. Intellectual Property Rights. YUKE’S owns all right, title and interest in and to the DC Dual Force Game and related products or services, and all aspects thereof (including, but not limited to, any software, titles, computer codes, themes, objects, character inventories, structural or designs, animations, sounds, compositions, audio-visual effects, methods of operation, moral rights, related documentation, and/or Service whether on disk, in read only memory, on any other media or in any other form). All characters, character names, characters likeness, stories, dialog, catch phrases, location, concepts, artwork, DC intellectual property and DC trademarks are the intellectual property of DC Comics, Inc. Your Account and your use of the DC Dual Force Game or related products and services does not grant you any ownership interest in and to the same.
4. Ownership and Transfer of Account. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON A YUKE’SSYSTEM, INCLUDING WITHOUT LIMITATION ANY ACCOUNT OR GEMS, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO SUCH ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF YUKE’S.
You may not rent, lease, lend, redistribute or sublicense your Account or any part of the DC Dual Force Game.
YUKE’SMAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY ACCOUNT AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are a result of violation of this Agreement, DC Dual Force End User Software License, or the Code of Conduct.
Code of Conduct: All users agree to abide by the Code of Conduct, which is incorporated by reference into this License and can be viewed at: https://dcdualforce.com/code-of-conduct.
5. Rules Related to Game Play. YUKE’S strictly enforces the rules that govern game play in the DC Dual Force Game. YUKE’S considers most conduct to be part of the DC Dual Force Game, and not harassment. Nonetheless, certain acts go beyond what is fair and are considered serious violation of this Agreement. Those acts include, but are not necessarily limited to, the following:
(a) using or exploiting errors in design, features which have not been documented, and/or program bugs to gain access that is otherwise not available, or to obtain a competitive advantage over other players;
(b) conduct prohibited by the DC Dual Force End User Software License (which must be “accepted” prior to downloading the Game Client);
(c) conduct prohibited by the Code of Conduct, which can be viewed at: https://dcdualforce.com/code-of-conduct
(d) anything that YUKE’S considers contrary to the “essence” of the DC Dual Force Game.
6. No Exploitation for Commercial Purposes. You agree that you will not exploit any part of the DC Dual Force Game for commercial purposes, including (a) performing in-game services in exchange for payment outside the DC Dual Force Game, or (b) for gathering in-game currency, items or resources for sale outside the DC Dual Force Game.
Use at a computing gaming center or any other location based site is permitted, under the following condition that, although Account holders are sharing a Game Client, no Accounts will be shared at any time, for any reason.
7. No External Transfer or Sale of Virtual Assets. YUKE’S does not recognize any purported transfers or sales of event tickets or other virtual assets outside of the DC Dual Force Game.
8. Consent to Monitor. When using the DC Dual Force Game, the DC Dual Force Game may monitor your computer’s random access memory (RAM) for unauthorized third party programs running concurrently with the DC Dual Force Game. An “unauthorized third party program” as used herein shall be defined as any third party software that conducts activities prohibited in the DC Dual Force End User Software License. In the event that the DC Dual Force Game detects an unauthorized third party program, the DC Dual Force Game may communicate information back to YUKE’S, including without limitation your account name, details about the unauthorized third party program detected, and the time and date, and/or YUKE’S may exercise any and all of its rights under this agreement, with or without prior notice to the user.
9. Consent to Use of Data, Beta Releases. You agree that YUKE’S and its subsidiaries and agents may collect, maintain, process and use diagnostic technical, usage and related information, including but not limited to unique system or hardware identifiers, information about your computer, system and application software, and peripherals, that is gathered periodically to provide and improve YUKE’S’ products and services, facilitate the provision of software updates, product support and other services to you (if any) related to the DC Dual Force Game, and to verify compliance with the terms of this License. You may NOT change these settings. YUKE’S may use all information collected in the Beta Releases or any previous release, and some information collected may personally identify you through your Account. Additionally, if you request any technical support, you consent to YUKE’S accessing your Account for the purposes of support.
YUKE’S may, with or without notice to you, disclose your IP Address, personal information, chat logs, and other information about you and your activities: (a) in response to a request by law enforcement, a court order or other legal process; or (b) if YUKE’S believes that doing so may protect your safety or the safety of others.
YUKE’SMAY MONITOR, RECORD, REVIEW, MODIFY, AND/OR DISCLOSE YOUR CHAT SESSIONS, WHETHER VOICE OR TEXT, WITHOUT NOTICE TO YOU, AND YOU HEREBY CONSENT TO SUCH MONITORING, RECORDING, REVIEW, MODIFICATION AND/OR DISCLOSURE. Additionally, you acknowledge that YUKE’S is under no obligation to monitor your electronic communications, and you engage in those communications at your own risk.
Privacy Policy. At all times your information will be treated in accordance with YUKE’S’ Privacy Policy, which is incorporated by reference into this Agreement and can be viewed at: https://dcdualforce.com/privacy-policy
10. Consent to Receive Communication. You agree that we may communicate with you via the email your provide in your Account registration and any similar technology for any purpose relating to the DC Dual Force Game or related services which are in existence now or may in the future be provided by YUKE’S.
11. Feedback. YUKE’S does not accept unsolicited suggestions, comments, feedback or any potentially related intellectual property regarding the DC Dual Force Game or its related products and services.
12. International Use of DC Dual Force Game and Services. In addition, DC Dual Force, related products and services and third party materials that may be accessed from, displayed on or linked to from the DC Dual Force Game are not available in all languages or in all countries or regions. YUKE’S makes no representation that such related services and third party materials are appropriate or available for use in any particular location. To the extent you choose to use or access such services and third party materials, you do so at your own initiative and are responsible for compliance with applicable laws, including but not limited to applicable local laws and privacy and data collection laws.
13. Duration of the Online Component of the Service. DC Dual Force is an online game that must be played over the Internet through the Game Client. You understand and agree that the Service provided by YUKE’S at its sole discretion and may be terminated or otherwise discontinued by YUKE’S at any time for any reason. You are wholly responsible for the cost of all telephone and Internet access charges along with any necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Service.
14. Reserved Right to Change, Suspend, Remove or Disable. YUKE’S and its licensors reserve the right to change, suspend, remove or disable access to the DC Dual Force Game and any related services at any time without notice. In no event will YUKE’S be liable for the removal of or disabling of access to any such services. YUKE’S may also impose limits on the use of or access to certain services, in any case and without notice or liability.
D. Additional Restrictions and Limitations.
1. The DC Dual Force Game is made available solely for use by Account holders according to the terms of this Agreement. Any use, reproduction or redistribution of the DC Dual Force Game or related products or services not expressly authorized by this Agreement is expressly prohibited and may result in severe civil and criminal penalties.
2. Damaging Conduct. You are strictly prohibited from engaging in, or assisting other to engage in, conduct that would damage or impair the property of YUKE’S including, without limitation, the following: (a) copying, distributing, transmitting, displaying, performing, framing, linking, hosting, caching, reproducing, publishing, licensing, or creating derivative works, in whole or in part, from any information, software, products or services obtained from the DC Dual Force Game; (b) modifying, reverse engineering, disassembling or decompiling the DC Dual Force Game in whole or in part; (c) using intellectual property contained in the DC Dual Force Game to create derivatives or to provide other means through which others may play the DC Dual Force Game such as through server emulators or matchmaking services; (d) taking actions that impose an unreasonable or disproportionately large load on YUKE’S’ network infrastructure or that could damage, disable, overburden, or impair any of YUKE’S’ websites or other services; (e) interfering with any other party’s use and enjoyment of the DC Dual Force Game (including cheating) and any of YUKE’S’ websites; (f) attempting to gain unauthorized access to third party Accounts or the DC Dual Force Game, or any of YUKE’S’ websites, via any means; (g) using third party software designed to modify the DC Dual Force Game and/or the DC Dual Force Game experience in any means.
3. Unauthorized Third Party Software. You are strictly prohibited from use of unauthorized third party software that intercepts, “mines”, or otherwise collects information from or through the DC Dual Force Game, including without limitation any software that reads areas of RAM used by the Game Client to store information about a character, game environment, or other aspects of the DC Dual Force Game; provided, however, that YUKE’S may, at its sole discretion, allow the use of certain third party user interfaces.
4. Disclaimer of Warranties. If you are a user who is a consumer, you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.
(a) YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DC DUAL FORCE GAME IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND YUKE’SHEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE DC DUAL FORCE GAME, either express, implied or statutory, including, but not limited to, the implied warranties and/or CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
(c). YUKE’S does not warrant against interference with your enjoyment of the DC Dual Force Game and Services, that the functions contained in, or services performed or provided by, the DC Dual Force Game will meet your requirements, that the operation of the DC Dual Force Game will be uninterrupted or error-free, that any services will continue to be made available, that the DC Dual Force Game will be compatible or work with any third party software, applications or third party services, or that defects in the DC Dual Force Game or Services will be corrected.
5. Limitation of Liability Indemnity. NEITHER YUKE’SNOR ITS PARENT, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE GAME OR ANY USE OF THE GAME, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, NEITHER YUKE’SNOR ITS PARENT, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, DIGITAL OBJECTS, VIRTUAL GOODS OR CURRENCY, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE DC DUAL FORCE GAME, GAME CLIENT, AND/OR RELATED SERVICES. YUKE’SSHALL NOT BE RESPONSBILE FOR ANY INTERRUPTIONS OF SERVICE, INCLDUING WITHOUT LIMITATION ISP DIRUPTIONS OF SERVICE, INCLDUING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL YUKE’SBE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. In no event shall YUKE’S’ liability, whether arising in contract, tort, strict liability or otherwise, exceed (in the aggregate) the total fees paid to and/or donated by you to YUKE’S in order receive access to the Beta Release or any other releases of the Game Client.
You hereby agree to defend, indemnify and hold YUKE’S harmless from and against any claim, liability, loss, injury, damage, cost or expense (including reasonable attorneys’ fees) incurred by YUKE’S arising out of or from your use of the DC Dual Force Game. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.
6. Equitable Remedies. You hereby agree that YUKE’S will be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that YUKE’S shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as YUKE’S may otherwise have available to it under applicable laws.
E. Dispute Resolution; Governing Law; Severability, Etc.
1. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement, except as expressly provided below, (“Dispute”), you and YUKE’S agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. YUKE’S will send its notice to billing address provided upon registration, and if no billing address is provided (specifically in relation to the Services in the Beta Release), the notice will be send to the email address provided by you. All notices to YUKE’S shall be sent to: YUKE’S, 4-45-1, Ebisujima-cho, Sakai-ku, Sakai, Osaka, 590-0985, Japan.
2. Binding Arbitration. If you and YUKE’S are unable to resolve a Dispute through informal negotiations, either you or YUKE’S may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other party. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for consumer Related Disputes (“AAA Consumer Rules”). The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and YUKE’S may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
3. Restrictions to Arbitration Proceedings. You and YUKE’S agree that any arbitration shall be limited to the Dispute between YUKE’S and you individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
4. Exceptions to Informal Negotiations and Arbitration. You and YUKE’S agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration; (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or YUKE’S’ intellectual property rights; (b) any Dispute related to, or arising from, allegation of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief.
In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
5. Location of Arbitration. If you are a resident of the United States, any arbitration will take place at any reasonable location convenient for you, however, if outside of Los Angeles County, California, the arbitration proceedings may be limited to submission of document, by phone or online. For residents outside the United States, any arbitration shall be initiated in Los Angeles County, California, United States of America. Any Dispute not subject to arbitration, or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within Los Angeles County, California, United States of America, and you and YUKE’S agree to submit to the personal jurisdiction of that court.
6. Governing Law. Except as otherwise set forth herein, this Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to choice of law principles. This application of the United Nations Convention on Contracts for the international Sale of Goods is expressly excluded. For users outside the United States, other laws may apply if you choose not to agree to arbitrate as set forth above; provided, however, that such laws shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof.
7. Severability. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
8. Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to the use of the Services licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, provided, however, that this Agreement shall coexist with, and shall not supersede, the DC Dual Force End User Software License. To the extent that the provisions of this Agreement conflict with the provisions of the DC Dual Force End User Software License, the conflicting provisions in this Agreement shall govern. If any provision of this Agreement is found to be unenforceable, that provision shall be severed and the remainder of the Agreement shall be given full force and effect.
9. Governing Language. Any translation of this Agreement is done for local requirements and in the event of a dispute between English and any non-English versions, the English version of this Agreement shall govern.
E. Termination
1. This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice from YUKE’S if you fail to comply with any term(s) of this Agreement. YUKE’S may terminate this Agreement, at any time, for any reason, at its sole discretion, which includes deactivating your Account, and/or discontinuing the Service.
2. You may terminate this Agreement at any time by providing YUKE’S with written notification. Upon termination by you, no moneys will be refunded.
3. Upon the termination of this Agreement, you must cease all use of the Services, and destroy any YUKE’S owned intellectual property including but not limited to the Game Client, any downloaded data, graphics or music from the DC Dual Force Game.
By clicking “I Accept”:
(1) You acknowledge that you have read the terms of this Agreement in its entirety;
(2) You acknowledge that in-game purchases are allowed but not required to play the DC Dual Force Game;
(3) You agree to be bound by the terms of this Agreement;
(4) Depending on your country of residence, you agree to be bound by the applicable terms of the DC Dual Force Code of Conduct and DC Dual Force Privacy Policy; and
(5) You are authorized and able to accept this Agreement.
IF YOU DO NOT AGREE to the terms of this Agreement, click the “Cancel” button and do NOT register an Account.