Terms and conditions
The following terms of service (these “Terms of Service”), govern your access to and use of the DUBBS ONLY, including any content, functionality and services offered on or through www.dubbsonly.com (collectively, the “Site or website”)
1. SITE TERMS
The Website is a service made available by DUBBS ONLY (hereinafter referred to as “DUBBS ONLY”) (“we”, “our” or “us”). The Site Terms govern your use of the Website. We may modify the Site Terms at any time. Your continued use of the Website constitutes your acceptance to all terms and conditions of the Website or our Services at the time of use. Every time you visit the Website, you reaffirm your acceptance of the Site Terms. Upon each visit, you are responsible for reviewing the Site Terms and any additional terms and conditions.
2. ABOUT DUBBS ONLY
DUBBS ONLY carries on its business activities in the United States of America. DUBBS ONLY operates the website, www.dubbsonly.com to provide its services to its end users/ customers. DUBBS ONLY is a gaming website focused on roleplaying games and related genres such as graphic adventures, visual novels, and rogue-likes. We cover franchises, creators, fandom, and everything in between.
3. USAGE/ ELIGIBILITY
You will use this site in a manner consistent with any, and all, applicable laws, legislation, rules and regulations. If you violate any restrictions in these terms, you agree to indemnify DUBBS ONLY for any losses, costs or damages, including reasonable legal fees, incurred by DUBBS ONLY in relation to, or arising out of, such a breach.
4. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS
The Website may provide links to external Internet sites. DUBBS ONLY hereby declares explicitly that it has no influence on the layout or content of the linked pages and dissociates itself expressly from all contents of all linked pages of third parties. DUBBS ONLY shall not be liable for the use or content of Internet sites that link to this site or which are linked from it. Our privacy and cookie notice do not apply to any collection and processing of your personal data on or through such external sites.
5. CONTENT OWNERSHIP
The Website contains information, content or advertisements text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (collectively, the “Content”) that are considered intellectual property protected by copyright, trademark, service mark, trade dress, patent or other proprietary right owned by DUBBS ONLY, or other third parties. All Content on the Website is the property of its respective owner/s. Further, DUBBS ONLY or other third parties retain all rights (including intellectual property rights), title and interest in the Website, technology, and all underlying technology and data including any enhancements, software, applications and improvements related to the Website (the “Technology”) (the terms Content and Technology collectively will be referred to as the “Materials”). You may not remove from any electronic or printed copy any copyright, trademark, or other proprietary notice.
6. WEBSITE PROHIBITIONS
DUBBS ONLY provides the Website, related Content and the Materials for your individual, non-commercial use and for the purpose of carrying out transactions with the Website. Any other use of the Website or the Materials is strictly prohibited. You may not, either directly or indirectly:
Sell, modify, license, publish, delete or cache by proxy the Website, Materials or Content without the express written permission of DUBBS ONLY or the applicable rights holder;
Use the Materials or Content for commercial use in any way;
Reverse-engineer, decompile, disassemble, merge, copy, use, disclose, rent, lease, loan, sell, sublicense or transfer the underlying source code or structure or sequence of the Technology;
Use any software to extract information about the Website, usage, or users;
Reformat any portion of the Website, Materials or Content;
Use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;
Take any action that puts unreasonably large strain on our system;
Violate the Site Terms, applicable laws or the rights of others; or interfere with, or violate the legal rights of others; or
Disrupt, cause harm to, interfere with, or modify the strength of the security of the Website.
You agree that the Website and its Content shall not be used for any illegal or harmful purpose. The lawful remedies available to us include limiting, suspending, terminating or prohibiting access to and use of the Website, its Content, and our services at any time, with or without notice to you. In our sole discretion, we may also remove content, or take technical and legal steps to keep you off the Website if we think that you are creating problems, possible legal liabilities, you are violating any of these terms, or acting inconsistently with the letter or spirit of our policies.
By using the Website, uploading content to or submitting any materials for use on the Website, you grant (or warrant that the owner of such rights has expressly granted) DUBBS ONLY a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials and/or information generated through use of the Website or incorporate such materials and/or information generated through use of the Website into any form, medium, or technology now known or later developed throughout the universe.
8. YOUR ACCOUNT
Users can carry out Job searches on the site without creating an account, however when applying for any Job Positions, You will be required to create an account on the website before using the Services, your username and password will be chosen by you. You are responsible for all actions taken under your chosen username and password.
By creating an account on the Site you warrant:
– That all the details you provide are true, accurate, current and complete in all respects;
– To only create one (1) account and to only use the Site using your own username and password;
– Not to disclose your password to anyone and to make every effort to keep your password safe;
– To change your password immediately upon discovering that your account has been compromised; and
– To notify us if you suspect someone has accessed your account without permission.
DUBBS ONLY reserve the right to terminate your account and to suspend or terminate your access to the website immediately and without notice to you if:
– You breach these Terms;
– You are impersonating any other person or entity;
When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity; and/or
DUBBS ONLY suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity in relation.
9. UNSOLICITED IDEAS
In the event you post unsolicited ideas and/or materials whether consisting of texts, images, sounds, software, information or otherwise (Materials) on this Website or send these to DUBBS ONLY by e-mail or otherwise, you grant us an irrevocable, free of charge non-exclusive and worldwide right to use, copy, adapt, modify, publish and/or commercially exploit such Materials to the fullest extent in whatever form and via all media known and to date unknown for the duration of the intellectual property rights in the Materials and we shall not be bound by any confidentiality obligation in respect of such Materials.
To the maximum extent permitted under applicable law, you hereby indemnify and hold DUBBS ONLY harmless from and against all actions, claims and liabilities, suffered, incurred or sustained by us as a result of the use and/or exploitation of the Materials infringing the (intellectual property) rights of any third party or otherwise being unlawful towards a third party.
We reserve the right at any time to charge fees for access to the Services or to any specific new feature or content that we may introduce from time to time. In no event will you be charged for access to any Services unless we obtain your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, you may not have access to paid content or services. Details regarding the content or services you will receive in exchange for fees, as well as the payment terms and conditions that apply, will be disclosed to you prior to your agreement to pay such fees. You agree to pay such fees if you sign up for any fee-based service. Any such terms and conditions shall be deemed to be a part of (and are hereby incorporated by reference into) these Terms.
Payments for services on the site can be done with the use of PayPal, & Credit cards. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for all charges you incur for the purchase of any Subscriptions (including any applicable taxes and other charges). You are responsible for, and agree to pay, all such charges. If we or our third party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: cancel or suspend any undelivered portion of your Orders, make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us. You will remain responsible to pay all applicable charges for all Orders. You agree to provide and keep current a valid payment method. However, your failure to do so shall not constitute cancellation of any Order. In the event you want to change or update payment information associated with your DUBBS ONLY account, you can do so at any time by logging into your account and editing your payment information.
You understand that DUBBS ONLY makes every reasonable effort to ensure the information and Content presented on this Website is accurate and updated and you agree that DUBBS ONLY does not warrant, represent, or guarantee, express or implied, statutory or otherwise, the accuracy of the information or Content on this Website, makes no guarantee as to such information and is not responsible for the information, including its accuracy, currency, content, quality, compliance or legality, or any resulting loss or damage to you.
12. WEBSITE WARRANTY AND LIABILITY
DUBBS ONLY makes no representations regarding the availability and performance of this Website. You understand and agree that any use of or reliance upon this Website or Materials is at your sole risk. We are not responsible for any resulting loss or damages to you.
THE WEBSITE AND MATERIALS ARE PROVIDED BY DUBBS ONLY ON AN “AS IS” BASIS AND AS AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE FULLEST LAWFUL EXTENT, DUBBS ONLY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. WE MAKE NO REPRESENTATIONS THAT THE WEBSITE OR MATERIALS WILL MEET YOUR REQUIREMENTS AND WE DO NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST LAWFUL EXTENT, IN NO EVENT SHALL DUBBS ONLY, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, DISTRIBUTORS OR CONTRACTORS (HEREINAFTER COLLECTIVELY REFERRED TO AS “DUBBS ONLY PARTIES”) BE LIABLE FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE MATERIALS REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DUBBS ONLY AND THE DUBBS ONLY PARTIES SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO, FAILURE OF THE INTERNET OR ANY VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE, WHETHER RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT OR OTHERWISE. ANY USE OR DERIVATIVE USE OF THIS WEBSITE, ITS CONTENT, OR OUR SERVICES IS AT YOUR SOLE RISK AND LIABILITY. TO THE FULLEST LAWFUL EXTENT, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF DUBBS ONLY PARTIES ENUMERATED ABOVE, EXCEED THE GREATER OF ($0.00) FOR DAMAGES ARISING OUT OF THE USE OR DERIVATIVE USE OF THIS WEBSITE, ITS CONTENT, OR OUR SERVICES.
You agree to indemnify, defend, and hold harmless DUBBS ONLY from and against all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your violation or breach of any representation or obligation under these Site Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to fully cooperate with our defense of such claim. You further agree to fully assist in the defense of any litigation, including pre-litigation and investigation.
14. VIOLATIONS OF SITE TERMS
DUBBS ONLY reserves the right to investigate complaints or reported violations of the Site Terms and to take any action DUBBS ONLY deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses, traffic information and any other such data we have acquired from you. DUBBS ONLY reserves the right to seek all remedies available at law and in equity for violations of these Site Terms. These Site Terms incorporate by reference any agreements contained on the Website and constitutes the entire agreement with respect to access to and use of the Website. If any provision of these Site Terms is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. THESE SITE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF [Insert State/Province] WITHOUT REGARD TO CONFLICT OF LAW RULES OR PRINCIPLES THAT WOULD CAUSE THE APPLICATION OF LAWS OF ANY OTHER JURISDICTION. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF [Insert State/Province] AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.