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    TERMS OF USE AND SERVICE


Notifications:

"DUSK: A Vampire's Tale" is a trademark of Dramatic Development, LLC.

The game "DUSK: A Vampire's Tale" is copyrighted, including but not limited to user interface, design, game design, artwork and scoring system 2010 Dramatic Development, LLC. All rights reserved.

The novel, story, and characters of "DUSK: A Vampire's Tale" is copyrighted 2010 Dramatic Development, LLC. All rights reserved. "DUSK: A Vampire's Tale" is a work of fiction, and any resemblance to any real persons, living or dead, is purely coincidental.

The game "DUSK: A Vampire's Tale" is patent-pending.

In using this website you are deemed to have read and agreed to the following terms and conditions:

TERMS OF USE AND SERVICE ATTENTION:

This is a binding agreement between You, the person or entity agreeing to the terms contained in this document (“You”, “Your” or “Customer”), and Dramatic Development. (hereinafter known as "Dramatic Development, LLC."),Developer of "DUSK: A Vampire's Tale" products and the owner and administrator of this Website and all content and functionality contained herein (“Dramatic Development, LLC.”, “Our”, “Us”, or “Company”) (collectively, the “Parties” or “We”). These terms of use and service(collectively, these “Terms”, “Terms of Use” or this “Agreement”), govern Your use of and access to this Website and any and all of its sub-pages (collectively, the “Website”).

THIS AGREEMENT WILL BE GOVERNED BY THE ELECTRONIC SIGNATURES ACT. YOU AGREE TO BE BOUND BY THE TERMS AND PROVISIONS CONTAINED IN THIS AGREEMENT BY ANY ACCESS, VIEWING OR USE OF THE WEBSITE. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS, VIEW OR USE ANY PART OF THE SITE. YOU SHOULD YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE USING THE WEBSITE OR BUYING ANY PRODUCT THROUGH THE WEBSITE.

You shall not use the Website for any illegal purposes, and you will use it in compliance with all applicable laws and regulations. You agree not to use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired; You agree not to attempt any unauthorized access to any part or component of the Website; and You agree that in the event that you have any right, claim or action against any Users arising out of that User's use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.

YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY BREACH OF THE CONDITIONS BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE WEBSITE, OR THE USE BY ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR PC OR INTERNET ACCESS ACCOUNT. ACCEPTANCE OF TERMS OF USE

By using, visiting, or browsing the Website, as well as subscribing to our newsletter or entering into any other relationship with Dramatic Development, LLC. through the Website, you accept, without limitation or qualification, these Terms of Use and agree, without limitation, to the terms of Our Privacy Statement.

If You do not agree to be bound by these Terms of Use and Privacy Statement, You should exit the Website immediately. By accessing, using or ordering products through the Website, You affirm that You have read this Agreement and understand, agree, and consent to all Terms contained herein. These Terms of Use constitute the entire agreement between Dramatic Development, LLC. and You, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Website, the content, products, or services provided by or through the Website, and the subject matter of these Terms of Use. By accessing the website and/or purchasing any product You manifest Your agreement to the Terms in this document. You further agree not to use or access the Website if doing so would violate the laws of Your state, province or country.

CHANGES TO TERMS OF USE

Dramatic Development, LLC. reserves the right, at its discretion, to change, modify, add, or remove portions of this Agreement and Our other policies and agreements related to the Website at any time and in any manner, without prior notice to You. You are bound by such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which You are bound.

PRIVACY STATEMENT We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Government law has or may create specific offences for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products. You may Opt-Out of any additional emails or communication with us by clicking "Unsubscribe" on any email, or by notifying us at dusk@dusk-game.com.

LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY

THE MATERIALS AND PRODUCTS CONTAINED AND OFFERED ON THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Dramatic Development, LLC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATIONS OF RIGHTS. IN NO EVENT SHALL Dramatic Development, LLC. OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, UNDER ANY CAUSE OF ACTION WHATSOEVER INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OR OTHERWISE, FOR ANY CLAIM CAUSE OF ACTION, FEE, EXPENSE, COST, OR LOSS (COLLECIVELY, “CLAIMS”) ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY STATEMENT, THE PRODUCTS, OR THE CUSTOMER’S USE OF THE WEBSITE OR ANY PRODUCT.

Dramatic Development, LLC. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY

Dramatic Development, LLC. WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; Dramatic Development, LLC. FURTHER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY FAILURES, DELAYS, MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEBSITE; OR ANY CONDUCT BY USERS OF THE WEBSITE, EITHER ONLINE OR OFFLINE.

Dramatic Development, LLC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY Dramatic Development, LLC. WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

You agree that Dramatic Development, LLC.’s entire liability for all CLAIMS shall be limited, in the aggregate, to the lesser of (i) USD $1.00, or (ii) the total amount of money You paid to Dramatic Development, LLC. in the one (1) month period immediately preceding the incident on which Your alleged claim is based. This limitation of liability shall apply for all CLAIMS, regardless of whether Dramatic Development, LLC. was aware of or advised in advance of the possibility of damages or such CLAIMS. The warranties and representations specifically set forth in this agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties hereto or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to You.

REPRESENTATIONS; PRODUCT DISCLAIMERS Dramatic Development, LLC. creates games and other works of media entertainment which are works of fiction. And similarity between actual persons, living or dead, is entirely coincidental. DUSK: A Vampire's Tale is a trademark of Dramatic Development, LLC.

YOUR REPRESENTATIONS You hereby represent and warrant that You have read this Agreement and thoroughly understand the terms contained in this Agreement, that and that You will not re-sell, re- distribute or export any subscription or private information from the Website. You further represent that Dramatic Development, LLC. has the right to rely upon all information provided to Dramatic Development, LLC. by You, and Dramatic Development, LLC. may contact You for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any requests You placed, or considered placing, at or through the Website.

INTELLECTUAL PROPERTY The Website and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of Dramatic Development, LLC. or its licensors. No license or ownership rights in or to any of the Intellectual Property are conveyed to You by virtue of this Agreement or by Your purchase of any Product from the Website. The Intellectual Property is protected by the copyright and trademark laws of the United States. Unless otherwise permitted by law, none of the Intellectual Property may be reproduced by You without Dramatic Development, LLC.’s prior written permission.

LOG FILES We may use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

COOKIES Like most interactive web sites this Company’s website uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies

WEBSITE USER CONDUCT AND RESTRICTIONS As a user of the Website, You agree that in connection with Your use of the Website and the content You will not: Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone's privacy, hateful, or racially, ethnically, or otherwise objectionable; Conduct Yourself in an inappropriate, offensive, indecent, or vulgar manner while using Our service or Website; Use the Website for any unlawful purpose; Upload, post, email, or otherwise transmit any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party; Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; Interfere with or disrupt the Website, the services, the content or servers or networks connected to the Website, the services or the content, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website, the services, and/or the content, the terms of which are incorporated herein; Intentionally or unintentionally violate any applicable local, state, national, or international law. Without the express prior written authorization of Dramatic Development, LLC., You may not: Duplicate the Website (except as expressly provided elsewhere in this Agreement or as permitted by law); Create derivative works based on the Website or any of the Intellectual Property; Remove any copyright or other proprietary notices from the Website or any of the Intellectual Property contained therein; Frame or utilize any framing techniques in connection with the Website or any of the Intellectual Property; Use any meta-tags or any other “hidden text” using the Website’s name or marks; “Deep-link” to any page of the Website; Circumvent any encryption or other security tools used anywhere on the Website (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of the Website); Use any data mining, bots, or similar data gathering and extraction tools on the Website; Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the Website, server or activities conducted therein; or, Take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure.

TERMINATION OF AGREEMENT This Agreement shall remain in force as long as You access the Website, use any functions or features of the Website, or order anything from the Website. Dramatic Development, LLC. reserves the right to terminate this Agreement without notice and/or refuse to sell to anyone who Dramatic Development, LLC. believes, in Our sole discretion, (i) has violated any of the terms of this Agreement, (ii) is abusing the Products or the services Dramatic Development, LLC. provides, or (iii) is unable to provide Us with sufficient information to allow Us to properly identify the customer’s real name, address, or other contact information.

NOTICE Any notice required to be given under this Agreement to You may be provided to You by email. Notice is sent by email, such notices shall be sent to the last known email address that You provided to Us, and shall be deemed delivered once sent. Notices by customers to Dramatic Development, LLC., or returns, or any other communication via delivery services must be sent to the following address: Dramatic Development, LLC., Inc., 96513 132nd Ave NE #214, Kirkland, WA, 98033

LINKS The Website may provide links to other World Wide Web sites or resources. Dramatic Development, LLC. has not reviewed these websites and is not responsible for the accuracy, content, privacy policies or availability of information found on websites that link to or from any Dramatic Development, LLC. Website. Dramatic Development, LLC. cannot ensure that You will be satisfied with any products or services that You purchase from a third-party site that links to or from any Dramatic Development, LLC. Website or third- party content on our sites. Dramatic Development, LLC. does not endorse any of the merchandise, nor has Dramatic Development, LLC. taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. Dramatic Development, LLC. does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against Dramatic Development, LLC. with respect to such sites and third-party content. Dramatic Development, LLC. strongly encourages You to make whatever investigation You feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither Dramatic Development, LLC. nor its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this Website. No link to the Website may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Website must be to www.yourchiropractorsblend.com. Deep linking to internal pages of this Website is expressly prohibited without prior written consent from Dramatic Development, LLC.

FORCE MAJEURE Dramatic Development, LLC. shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay Dramatic Development, LLC.’s performance.

INDEMNITY You agree to defend, indemnify, and hold harmless Dramatic Development, LLC., its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including, but not limited to, reasonable legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your use, misuse, or inability to use the Website, or Your breach of any of these terms and conditions of this Agreement. Dramatic Development, LLC. shall promptly notify You by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. If Dramatic Development, LLC. does not hear from You promptly, Dramatic Development, LLC. reserves the right to defend such claim or suit and seek full recompense from You.

DISPUTE RESOLUTION BY BINDING ARBITRATION We Each agree To First Contact Each Other With Any Disputes We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution. You agree to contact Us with disputes by contacting us at Dramatic Development, LLC., Inc., 96513 132nd Ave NE #214, Kirkland, WA, 98033, or emailing us at corporate@dramaticdevelopment.net Instead Of Suing In Court, We Each Agree To Arbitrate Disputes We each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there is no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and conditions in this Agreement, the Terms of Use, and the Privacy Statement, and can award the same damages and relief, including any attorney’s fees authorized by law. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. We also each agree as follows: “Disputes” are any claims (including the definition of “claims” contained in the section Limitation of Liability and Disclaimer of Warranty above) or controversies against each other related in any way to this Agreement, the Terms of Use, the Privacy Statement, or Your purchase and use of the Product. This includes claims You bring against Our affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, or agents or other representatives, or that Dramatic Development, LLC. brings against You. If either Dramatic Development, LLC. or You wants to arbitrate a dispute, We each agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. Notice to You will be sent to Your billing address that You provided Us and notice to Us will be sent to: Dramatic Development, LLC., Inc., 96513 132nd Ave NE #214, Kirkland, WA, 98033, or emailing us at corporate@dramaticdevelopment.net. We each agree to make attempts to resolve this dispute within forty-five (45) days of receipt of the notice to arbitrate, then We may submit the dispute to formal arbitration. The FAA applies to this Agreement and arbitration provision. We each agree that the FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration. The arbitration will be administered by the National Arbitration Forum (“NAF”) under its arbitration rules. If any NAF rule conflicts with the terms of this Agreement, the terms of this Agreement apply. You can obtain procedures, rules, and fee information from the NAF at 1-800-474-2371 or www.adrforum.com. Unless We each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place in Washington State, USA. The federal or state law that applies to the Agreement will also apply during the Arbitration. We each agree not to pursue arbitration on a consolidated or classwide basis. We each agree that any arbitration will be solely between You and Dramatic Development, LLC. (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator hold that this restriction in unconscionable or unenforceable, then this agreement to arbitrate does not apply and the dispute must be brought in court. We each are responsible for our own costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. However, Dramatic Development, LLC. will cover any arbitration administrative or filing fee above: (a) $25 if You are seeking less than $1,000 from Dramatic Development, LLC.; or (b) the equivalent court filing fees for a court action in the appropriate jurisdiction if you are seeking $1,000 or more from us. No Class Actions TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSION OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. No Trial By Jury TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. GOVERNING LAW You agree that this Agreement and any issue or dispute arising out of or otherwise related to this Agreement or with Your use of our Website, Intellectual Property, the Terms of Use, the Privacy Statement, or any matter concerning Dramatic Development, LLC. shall be governed exclusively by the laws of the State of Washington.

SEVERABILITY If for any reason a court of competent jurisdiction finds any provision of this Agreement, the Terms of Use, the Privacy Statement, or any portion thereof, to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of the Agreement, the Terms of Use, and the Privacy Statement will continue in full force and effect. NO WAIVER No waiver of or by Dramatic Development, LLC. shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.

HEADINGS AND CAPITALIZATION All headings and word or letter capitalization are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement. COMPLETE AGREEMENT This Agreement constitutes the entire agreement between the parties with respect to Your access and use of the Website and Your ordering and use of the Products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.

MODIFICATIONS OF AGREEMENT Dramatic Development, LLC. reserves the right to change any of the provisions posted herein and You agree to review these terms and conditions each time You visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes Your acceptance of such changes. Dramatic Development, LLC. does not and will not assume any obligation to provide You with notice of any change to this document. Unless accepted by Dramatic Development, LLC. in writing, these terms and conditions may not be amended by You.




 
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All items including but not limited to user interface, design, game design, artwork and scoring system 2010 Dramatic Development, LLC. All rights reserved.
BY ACCESSING THIS SITE YOU ARE AGREEING TO THE TERMS OF USE AND SERVICE.