These Terms of Service are between you ("You" or "Your") and GD Studio Inc, 614 N DUPONT HWY, Kent, Delaware, United States, 19901 ("Us" or "We") in relation to Your use of the Diabolical Rogue video game ("Diabotical Rogue").
You must read these Terms of Service carefully before downloading, installing and playing Diabotical Rogue. Your use of Diabotical Rogue is also subject to Steam End User License Agreement and Steam Games' Terms of Service ("Steam Games Terms") and/or Epic Games' End User License Agreement and Epic Games' Terms of Service ("Epic Games Terms").
If You do not agree with any of these Terms of Service, or Steam Games Terms, or the Epic Games Terms, You may not download, install or play Diabotical Rogue.
These Terms of Service were last updated on 04 June 2024
1.1. Your right to download, install and play Diabotical Rogue is granted to You by Epic Games or Steam (and not Us).
1.2. Diabotical Rogue allows You to spend virtual coins to purchase certain upgrades, skins and other content in game. You can buy virtual coins from Epic through Your Epic Games account. Such purchases will be subject to the Epic Games Terms.
Diabotical Rogue allows You to spend virtual coins to purchase certain upgrades, skins and other content in game. You can buy virtual coins from Steam through Your Steam account. Such purchases will be subject to the Steam Games Terms.
2.1. Diabotical Rogue is a game for a broad range of ages. We therefore have some rules to ensure that it remains enjoyable for all players.
2.2. You must only use Diabotical Rogue for personal and non-commercial purposes.
2.3. You must not:
(a) copy, disassemble, de-compile, reverse engineer, modify or create derivative works based on the whole or any part of Diabotical Rogue or attempt to do any such things (unless You are allowed to by law);
(b) sell, rent, lease, sub-license, loan, distribute or otherwise transfer a copy of Diabotical Rogue or any of Your rights in Diabotical Rogue to any other person or attempt to do any such things;
(c) engage in any conduct or behavior which in any way:
(i) disrupts or reduces the gaming experience for other players of Diabotical Rogue; or
(ii) is defamatory, obscene, racist, discriminatory, threatening, illegal, abusive, insulting, intimidating, offensive or otherwise inappropriate;
(d) perform services for others in game (such as boosting or leveling up) in return for payment or other financial gain;
(e) scrape or harvest any data from Diabotical Rogue;
(f) disrupt or attempt to disrupt any computers, software or servers used to support Diabotical Rogue or any other player's use of Diabotical Rogue;
(g) send or get someone else to send, any unsolicited or unauthorized advertising or promotional material or any other form of spam in connection with Diabotical Rogue;
(h) transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
(i) facilitate or participate in any gambling, betting, wagering or similar in connection with Diabotical Rogue (whether in game or otherwise) without Our prior written consent; or
(j) create, use, offer, promote or otherwise make available:
(i) bots or any other code which would allow the automated control of Diabotical Rogue;
(ii) cheats (such as, but not limited to, exploiting in-game bugs), mods or anything which would give You and/or any other player an advantage within Diabotical Rogue; or
(iii) any other software which changes and/or facilitates the functionality or gameplay of Diabotical Rogue.
3.1. Within Diabotical Rogue You can create Your own custom game maps and other user generated content using Our content ("Customizations"). Certain Customizations (such as custom game maps) can be shared or made available for other Diabotical Rogue players to play.
3.2. You must make sure that all Customizations:
(a) are Your own work and not copied from any other person or in any other way infringe the copyright, trade marks or other intellectual property rights of any other person; and
(b) are not in any way defamatory, obscene, racist, discriminatory, threatening, illegal, abusive, insulting, intimidating, offensive or otherwise inappropriate.
3.3. To the extent that any intellectual property exists in the Customizations (other than in the content provided by Us which remains owned by Us), You grant Us a perpetual, irrevocable, worldwide, non-exclusive, sub-licensable, transferable license to use, modify, distribute, share, translate, create derivatives of, sell and otherwise exploit such Customizations for any purpose and in any format. We will not be required to pay You for such Customizations.
3.4. You agree to waive all moral rights in the Customization. For example, We will not be required to name You as the author of the custom game maps You create and You will not be able to object to any changes to such maps or any use of such maps.
3.5. All Customizations must comply with these Terms of Service, the Epic Games Terms and the Steam Games Terms. We reserve the right to remove any Customizations which does not meet these requirements.
4.1. Notwithstanding anything in these Terms of Service or in the Epic Games Terms or Steam Games Terms, We are and remain the owners or licensors of all intellectual property rights in Diabotical Rogue including all trade marks, logos, artwork, effects, themes, designs, audio, code, characters and other content.
4.2. You have no intellectual property rights in, or to, Diabotical Rogue other than the right to use it in accordance with these Terms of Service, the Epic Games Terms or the Steam Games Terms.
5.1. From time to time We might make updates of Diabotical Rogue available to You to improve performance, introduce new features, reflect changes to the operating system or address security issues.
5.2. You will need to download and install such updates and if You do not do so, You may not be able to continue to play Diabotical Rogue or get access to all features and functionality with Diabotical Rogue.
If You provide Us with feedback about Diabotical Rogue, You grant Us a perpetual, irrevocable, worldwide, non-exclusive, sub-licensable, transferable license to use, modify, distribute, translate, create derivatives of, sell and otherwise exploit such feedback for any purpose. You agree to waive all moral rights in the feedback. In particular, We will not be required to credit or pay You if We implement any feedback.
If We suspect that You have materially breached these Terms of Service, Epic Games Terms or the Steam Games Terms, We may carry out an investigation. We reserve the right to suspend or terminate Your access to Diabotical Rogue on notice if We find that You have breached these Terms of Service, Epic Games Terms or the Steam Games Terms in a serious way. If what You have done can be put right We will give You a reasonable opportunity to do so.
8.1. To the maximum extent permitted by law, Diabotical Rogue is provided “AS IS” and on an “AS AVAILABLE” basis and We disclaim all implied representations, warranties, or other terms in respect of Diabotical Rogue including that the game play will be uninterrupted, secure, or error-free.
8.2. In Diabotical Rogue You can communicate and interact with other players through chat features. You are responsible for such communications and interactions. We do not record readable communications within Diabotical Rogue but We do capture and store a cryptographic hash of each communication in accordance with Our Privacy Policy. Such hashes are used to validate issues raised by players but We are not able to recover the original communication from these hashes. We do not actively monitor communications and interactions with other players and We shall have no liability to You for the behavior of other players of Diabotical Rogue. If You feel that a particular player's behavior breaches these Terms of Service, You may report this to Us through the features in game.
As part of Diabotical Rogue, We collect and use certain personal data about You. What data We collect, how We use it and what Your rights you have in relation to Your personal data is provided in Our Privacy Policy. It is important that You read this information.
10.1. We may transfer Our rights and obligations under these Terms of Service to another organization. We will always tell You in writing if this happens and We will ensure that the transfer will not affect Your rights under these Terms of Service.
10.2. You only transfer Your rights or Your obligations under these Terms of Service to another person if We agree in writing.
10.3. We may need to change these terms to reflect changes in law or best practice, to deal with additional features which we introduce or in other ways which are reasonable. We will give You reasonable notice ahead of any change in these terms. If You do not accept the changes You must cease using and uninstall Diabotical Rogue.
10.4. These Terms of Service do not give rise to any rights of any third party to enforce any part of these Terms of Service.
10.5. Each of the paragraphs of these Terms of Service operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
10.6. If We do not insist immediately that You do anything You are required to do under these Terms of Service, or if We delay in taking steps against You in respect of Your breaking these Terms of Service, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date.
10.7. These Terms of Service are governed by the laws of The United States however You will still be able to rely on and benefit from any mandatory consumer laws which apply in Your country of residence.
10.8. Where You are a resident in the USA or an EU member state, we both agree to submit to the non-exclusive jurisdiction and venue of the courts of Your country of residence. In all other cases (and unless prevented by applicable law), we both agree to submit to the non-exclusive jurisdiction and venue of the courts of the United States.