These Terms and Conditions of Use (“Agreement”) are a legal agreement between you (referred to herein as “you” or “your”) and Fobia d.o.o. (“we”, “our”, “us”, or “Fobia”) for access to and use of our website at https://destinysdivide.com/, any of our related subdomains (collectively, the “Websites”), and of other related software, features, downloads, games, and purchases (if applicable) through our websites or third party services (whether accessed directly, through any software application or third party services) (collectively, the “Service”).
This Agreement is legally binding on your access and use of our entire Service and in the event that this Agreement is in conflict with an additional agreement for your access and use of our Service, this additional agreement shall control.
Access and use. We reserve the right to restrict or temporarily or permanently prohibit your access or use of any part of or the entire Service. The Websites and the Service are provided to you by us for your personal, non-commercial use, unless indicated otherwise for a subdomain or features of our Service. Any commercial use is considered a material breach of this Agreement and of our Services.
- WEBSITE CONTENT OWNERSHIP
Ownership and License of Websites Materials. All materials on our Websites (including, without limitation, text, design, graphics, logos, icons, images, audiovisual clips, downloads, interfaces, code, and software, as well as the selection and arrangement thereof), is our property (including its subsidiaries), our licensors’ or of third parties, such as but not limited to materials on websites linked to by the Websites or materials by other users of the Websites, and is protected by copyright, trademark, and other applicable laws. You may access, copy, download, and print the material contained on the Websites for your personal and non-commercial use. Any other use of material on the Websites, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, information, or software obtained from the Websites, or use of the Websites for purposes competitive to us, is expressly prohibited.
We, our licensors and third parties, such as but not limited to websites linked to by the Websites or other users of the Websites, retain full and complete title to the material provided on the Websites, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in our sole discretion. We neither warrant nor represents that your use of materials on the Websites will not infringe rights of third parties not affiliated with us.
You may not use contact information provided on the Websites for unauthorized purposes, including marketing.
Trademarks on our Websites. Trademarks, logos, and service marks displayed on the Websites are our registered and unregistered trademarks, or of our subsidiaries, our licensors or content providers, or of other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the site without the owner’s prior written permission, except as otherwise described herein.
License to your Content. You are responsible for any communications, images, sounds, or other material and info that you upload or transmit through our Websites or transmitted through third party websites to our Websites (“your Content”).
You grant us, from the time of uploading or transmission of your Content, a worldwide, perpetual, irrevocable, sub-licensable, transferable, assignable, non-exclusive and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import your Content, including, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, giving your Content to others, without any compensation to you. You waive any moral rights you may have in your Content to the maximum extent permitted by the laws of your jurisdiction.
We reserve the right to modify and moderate your Content. You are aware and acknowledge that your Content that is hosted by third party services (for example youtube, twitter etc.) will not be stored on our hosts but embedded as in-line link. You are aware and acknowledge that your Content will be made publicly available through our Websites and other users of the Websites will be granted a license to your Content pursuant to Section 3.1 of this Agreement.
Third Party Links. Our Websites may contain links to other websites, which may be operated by us or its affiliates or third parties (e.g. Steam, YouTube, Reddit, Facebook, Twitter, Steam etc.). We are not responsible for the content of those or any other websites or any products or services that may be offered through those or any other websites. A link to another website does not constitute an endorsement of that site, or of any product or service offered on that website, by us or our licensors. If you encounter a link that does not comply with the terms and conditions of this Agreement, you are prompted to immediately inform us.
- REPRESENTATIONS, WARRANTIES, DISCLAIMER, INDEMNIFICATION
Representations and Warranties. You warrant that
- you have the full right and power to enter into this agreement and perform any of the actions mentioned throughout our Websites;you comply with the entire Agreement and, if applicable, any additional Agreement;you comply with all applicable federal, state, and local laws, ordinances, and regulations, as they relate to the Agreement;you do not undertake any action which infringes third party rights or constitutes a breach of any contractual obligation to a third party, in particular any third party service providers, such as but not limited to payment services, delivery services, social media platforms, and forum services (e.g. Facebook, Reddit or Discord);any and all information you submit or communicate to us through our Websites is truthful, not false, misleading, inaccurate, or constitutes a deceptive or fraudulent act;you omit any action designed to interfere with the proper function of any software, hardware, or equipment of ours, such as but not limited to uploading software viruses, malware, code, or programs;if applicable to your use of our Service, will comply to any code of conduct for your use of the Service;none of your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we won’t be liable for any use or disclosure of your Content, and that your Content shall not violate any third-party rights; andyou do not undertake any of the following actions: (a) damage or get unauthorized access to any system, data, password, or other information on; (b) impose an unreasonable load on our infrastructure, or on our third-party providers, whereas we reserve the right to determine what’s reasonable; (c) use any kind of software or device, whether it’s manual or automated, to “crawl” or “spider” any part of the Site; (d) take apart or reverse engineer any aspect of the Websites and Service, if applicable in an effort to access things like source code, underlying ideas, or algorithms.
DISCLAIMER. THE WEBSITES AND THE SERVICE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND MADE BEYOND THE TERMS AND CONDITIONS OF THE AGREEMENT.
WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION PROVIDED BY US; THAT THE WEBSITES AND THE SERVICE ARE NONINFRINGING; THAT ACCESS TO THE WEBSITES AND SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE AND THE SERVICE WILL BE SECURE; THAT THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE. IF YOU DOWNLOAD ANY MATERIALS FROM THE WEBSITES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.
WE INSTRUCT YOU THAT IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. IN NO EVENT, AND TO THE FULLEST EXTENT PERMITTED BY LAW, SHALL WE BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY FOR ANY PERSONAL INJURY OR DAMAGES TO PROPERTY, DAMAGES FOR LOSS OF BUSINESS PROFITS OR OTHER PECUNIARY LOSS, INCLUDING ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES, ARISING OUT OF YOUR OR ANOTHER USERS ACCESS OR USE OF THE WEBSITES OR SERVICE, YOUR USE OF THE WEBSITE, AND SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE INSTRUCT YOU THAT IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE LIMITATION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
- Indemnification. Subject to the terms, conditions, express representations and warranties provided in the Agreement, you agree to indemnify, save and hold us harmless from any and all damages, liabilities, costs, losses or expenses (including reasonable attorneys’ fees and costs) which may be incurred as the result of any claim, suit or proceeding brought or threatened against us (each a “Claim”) based on allegations which are inconsistent with any of your representations and warranties made herein, except in the event any such Claims, damages, liabilities, costs, losses or expenses arise directly as a result of gross negligence or willful misconduct of us.
Assignment. Any rights granted hereunder are intended for the benefit of the parties to this Agreement and shall not be exercisable by any person who is not a party to this Agreement. We may assign or transfer the Agreement, rights, and obligations to any other party at any time.
Jurisdiction. Any dispute under the Agreement, and your relationship with us under the Agreement, shall be governed by the laws of New York without regard to its conflict or choice of laws provisions. In the event that New York law is not applicable as a result of the laws applicable in the place of your location or the event, which brought forward a dispute or cause of action or claim, this agreement is governed by the laws of Slovenia.
Severability. If any provision in the Agreement is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this Agreement shall remain in effect.
Last Update: 2/2/2022