Dadun Goofed Contract

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The following is a draft and NOT the final contract as signed in game.

Characters signed to the contract

The following characters have signed the contract written below.

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Dadun Goofed Mercenary Contract

Effective Date: TBD

These Terms of Service ("Terms") govern your involvement and interactions with the Dadun Goofed and Co. Mercenary Company, LLC (collectively and individually, the “company”) and related services including, without limitation: use of our APC, food and water supplies, support in combat, lodging both on the road and in town, contact with potentially harmful magic items and artifacts, resurrection and healing services, possession of your body after death, and direct control of your personal property both in monies and items, or any activity or information provided as part of your contact or involvement with the company (the "Services"), which are owned or operated by Dadun Goofed and Co. Mercenary Company, LLC (“DG”, “ the company”, "we", "our" or "us”)

Please read these Terms carefully before you agree to join or be involved with DG or the Services, as these Terms form a binding legal agreement between you and DG.

If you are using our Services on behalf of a company, nation, or other legal entity, you hereby represent and warrant that you have the authority to enter into these Terms on behalf of the other legal entity. To the extent these Terms conflict with any existing agreement between the other legal entity you represent and DG, these Terms shall control and supersede such other terms and conditions with regard to the subject matter of these Terms. Additionally, if you are using the Services on behalf of a nation, company, or other legal entity, you are nevertheless individually bound by these Terms even if your other legal entity has a separate agreement with us. As used in these Terms, "you" and "your" refer to you individually and the legal entity on behalf of which you are entering into these Terms.

By using the Services, you: (1) acknowledge that you have read and understand these Terms; (2) agree to be bound by them in their entirety, and (3) are entering into a legally binding agreement with us. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICES. YOUR USE OF OUR SERVICES REQUIRES YOUR ACCEPTANCE OF THESE TERMS AS THEY MAY BE AMENDED FROM TIME TO TIME, INCLUDING THE POLICIES INCORPORATED BY REFERENCE HEREIN.

Notices and Disclosures

You acknowledge and agree that DG may provide notices and other disclosures to you, required by these Terms, any other agreement, or law, by written or verbal notice. Such notices or other disclosures shall be considered received by you following 24 hours after your knowledge of the deliverance of writing to your location, or 24 hours after your verbal acknowledgment of a verbal message, as applicable. Any such verbal notice or other disclosure shall have the same effect and meaning as if it had been provided to you as a paper copy.

Changes to the Terms

We may add to, change or remove any part of these Terms, at any time without prior notice to you other than sharing the later effective date than the one set forth at the top of these Terms. Such modification shall be effective immediately upon a notice or disclosure provided in the manner listed above. It is your responsibility to check and understand these Terms periodically for changes. If we make any material changes to these Terms, we will endeavor to provide you with reasonable notice of any changes as possible based on location restrictions, or other factors. Your use or continued use of the Services following the posting or notice of any changes to these Terms or any other posted policies shall constitute your acceptance of the changed Terms or policies.

Authorized Member; Your Responsibility

Memberships are for a single member, company or other legal entity, as applicable. You may not access or use the Services if you are unable to form a binding, legal agreement with DG. You affirm that you have the authority to enter into these Terms. You assume all responsibility for your use of, and access to, the Services.

Personal Information; Your Content; Your Membership

Accuracy.

By registering for our Services, you represent and warrant that all information you submit to us, in writing or verbally, is true, accurate, current and complete and that you will promptly notify us in the same manner that we will notify you if your information changes. It is your responsibility to keep your Membership information accurate and updated. We are not responsible for any disputes or claims related to any inaccurate, incomplete, or untimely information provided by you to us.

Privacy.

To use our Services, you must register with us and submit certain personally identifiable information. You expressly agree that we may collect, disclose, store and otherwise use your information in accordance with the terms of this agreement, and any and all applicable law for which we might be in the jurisdiction of.

Your Content.

Any information, materials, items, or other content (the "Content") that you share or otherwise provide to DG in connection with the Services may be used by DG in order to provide and promote the Services or DG’s business. Accordingly, you grant to DG, and all of its subsidiaries, affiliates, successors, and assigns, a worldwide, perpetual, royalty-free, fully paid, sublicensable, non-exclusive, and transferable right to use, publish, reproduce, distribute, modify, prepare derivative works of, adapt, publicly display and otherwise use the Content. Such right to use such Content shall survive the termination of these Terms and termination of the Services. You authorize us to use or utilize your information with other services and entities. Notwithstanding the foregoing, you retain all rights to the Content, except as otherwise provided herein or as otherwise provided in any other agreement between you and DG. Any Content you submit to us is provided at your own risk of loss. You are solely responsible for all Content you share, provide, display, or disseminate to others, whether such action was taken by us or you. By providing Content to us, you represent and warrant that you are entitled to submit it and that it is not confidential and not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights). DG may also remove your Content from the Services at any time in its sole discretion.

Interactions with Other Members.

You are solely responsible for all interactions with other members. You acknowledge and agree you are responsible for making your own decisions regarding persons you interact or job positions you take, as applicable. You acknowledge and agree that we do not conduct member background checks or verify any Content or other information provided by members using the Services. Pursuant to the license granted by you above, DG may grant other members of the Services access and share rights to your Content in accordance with these Terms and the nature of your connection with such other members. Information you share may be seen and used by other members of the Services. DG cannot guarantee that members of the Services will not use the information that you share, nor the manner of use. DG is not responsible for another member's or other third party's misappropriation or misuse of your Content or other information. You are solely responsible for your interactions with other members. Additionally, DG is not responsible for the truthfulness, accuracy, authenticity, or completeness of any of the Content or any other information provided by other members or any other third party. You hereby release DG from all claims, demands, or damages of every kind, known or unknown, in any way connected with (i) any relationship arising between members of the Services, (ii) any dispute between you and another member, or (iii) arising out of any services which originated through the Services or were otherwise provided by a member. Additionally, you agree to immediately report to us any false information provided or misconduct by any member of the Services.

Your membership.

Except for your Content licensed to us as set forth above, the Membership, items, gold, information, or other Content that is found, created, discovered, or otherwise come in contact with the members of DG is owned by us. With regard to your Membership and all Content of our, other members, or your ownership, you agree to: (i) keep the Content secure and confidential (in other words, keep it secret keep it safe); (ii) not permit others to use your Membership; (iii) not permit others to use the Content without the expressed permission of the owner; (iv) not use the Memberships of others; (v) not transfer your Membership to another party; and (vi) notify us of any actual or suspected unauthorized use of the Content or your Membership. You are responsible for any and all activity occurring using your Membership or your Content.

Feedback.

You may from time to time identify problems, solutions to identified problems, provide suggestions, comments or other feedback related to our Services or otherwise relating to DG ("Feedback") to DG.  You acknowledge and agree that all Feedback is and shall be given entirely voluntarily and DG shall be free to use or disclose such Feedback for any purpose. You further acknowledge and agree that your Feedback does not contain confidential or proprietary information and you are not entitled to any compensation or reimbursement of any kind from DG under any circumstances relating to such Feedback.

Your Eligibility

To be eligible to use the Services, you represent and warrant that you: (i) are over the age of majority in the jurisdiction in which you reside; (ii) are not currently restricted from the Services and are not otherwise prohibited from joining the Service related thereto; (iii) will only represent one individual or legal entity at any given time; (iv) will only provide accurate information to DG; (v) have full power and authority to enter into these Terms and doing so will not violate any other agreement to which you are a party; and (vi) will not violate any rights of DG or a third party, including intellectual property rights.

Personal Use; Limited License; Ownership

Subject to the terms and conditions herein, DG grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license and right to access and otherwise use the DG Services to the extent intended and permitted by the functionality thereof (your “Membership”). This license is personal to you, and you may not resell our Services, permit other members access to our Services through your association with us, or use the Services to host Content for others. You may not copy any Content from the Services except with the prior written approval of DG. You acknowledge that, except as otherwise expressly provided, these Terms are solely between you and DG. Furthermore, without the prior written approval of DG, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of our Content or Services. Any commercial use not expressly authorized is prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the Services. Your rights are subject to your compliance with these Terms as well as any other agreements applicable to the Services you are using.

Making unauthorized copies or distribution of our Content or otherwise violating these Terms may result in the termination of your DG Membership, prohibition on use of the Services, and further legal action. The Services provided by DG are licensed, not sold. The Services, and all copies of the Services, are owned by DG or its third party licensors and are protected by various intellectual property laws, including, without limitation, copyright and trade secret laws. DG reserves all rights not expressly granted to you herein. You agree that you have no right to any DG trademark or service mark and may not use any such mark in any way unless expressly authorized by DG.

DG reserves the right to limit your use of or access to the Services, in its sole discretion in order to maintain the performance and availability of the Services and to enforce these Terms of Service. Such limitations may include, without limitation, the number of: (i) times resurrections are performed, (ii) miles traveled to retrieve items, or (iii) days waited for time sensitive events to happen.

Fees and Payment Terms

If you purchase any services that we offer for a fee ("Paid Services"), you agree to pay the applicable fees for the Paid Services when due plus all related taxes. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You agree to reimburse us for all collection costs and interest for any overdue amounts. Unless otherwise denoted, all fees are assessed in standard gold pieces. You also agree that DG may store your payment information. If the payment method you use with us reaches its expiration date and you do not change the applicable information or cancel such Paid Service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. Failure to pay may result in the termination of your Membership. You may cancel or suspend your Paid Services by contacting DG. Unless expressly stated to the contrary, we do not guarantee refunds for lack of usage, dissatisfaction or any other reason. If you require a printed invoice for your transaction with us, you may request one by contacting DG. Paid Services may be subject to additional terms, in addition to these Terms, related to the provision of the Paid Service.

Use of Services

DG is not liable for the loss, corruption, alteration or removal of any Content transmitted using our Services. By using our Services, you expressly waive the right to seek damages and agree to hold DG harmless for any such loss, alteration, corruption or removal. You acknowledge and agree that you are solely responsible for retaining all records and reconciling all transaction information relating to your use of the Services. DG may also at any time modify or discontinue, temporarily or permanently, all or any part of the Services or your Membership, with or without notice, and you agree that DG will not be liable to you or any third party for any such modification, suspension or discontinuance. Our Services are not intended to be used in nations where offering or providing the Services is illegal, and we do not offer the Services in such nations or to citizens of such nations. Subject to Section 20.9, you may terminate these Terms by terminating your use of the Services and any related Membership in writing or by verbal agreement only

Third-Party Content & Sites

We do not control, and we are not responsible for, any third party Content or services that you access, use, receive or buy while using the Services. We may, but do not have any obligation to, block information, transmissions or access to certain information, or services to protect the Services, the public or our members. We are not responsible for the Content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, data or any other information provided to or by third parties as accessible through the Service.

From time to time, the Services may contain references to third-party Content not controlled by DG or its suppliers or licensors. DG provides such information as a convenience to you and should not be considered endorsements of such parties or any Content or information offered by such parties. You acknowledge and agree that DG is not responsible for any aspect of the information or Content contained by any third party or any third party information or Content linked to the Services. You are responsible for evaluating whether you want to access or use third party information or Content. Accordingly, if you decide to use third party information or Content, you do so at your own risk and agree that this Agreement does not apply to your use of any third party information or Content. You should review any applicable terms for the applicable third party information or Content before using it or sharing any information.

Acceptable Use Policy

You agree to comply with all applicable laws and regulations in connection with your use of the Services. You may not use our Services to use or transmit any illegal Content, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. In particular, the following is a representative, non-exhaustive list of acts that are prohibited:

  • Acts that may materially and adversely affect the quality of other members’ experience;
  • Actual or attempted unauthorized use or sabotage of any DG information or Content;
  • Introducing malicious parties, actors into DG's Services, Content, or Membership;
  • Engaging in any monitoring or interception of information or Content not intended for you without authorization;
  • Attempting to circumvent authentication or security of any lock, safe, or container that stores information or Content without authorization;
  • Attempting to circumvent authentication or security of any Membership without authorization;
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the design, substance, or for any underlying intellectual property used to provide the Services, or any part thereof;
  • Adapt, modify or create derivative works based on the Services, or technology underlying the Services, or other members' Content, in whole or part;
  • Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found using the Services (excluding Content owned by you) except as permitted in these Terms, or as expressly authorized by DG in writing;
  • Using any method or item designed to collect identity information, authentication credentials, or other information;
  • Falsifying member identification information;
  • Using the Services for anything other than lawful purposes including, but not limited to, intentionally or unintentionally violating any applicable local or national law; or
  • Impersonating any person or entity, including, but not limited to, a DG representative, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

Export Control Laws.

The Services may be subject to export control restrictions of the United States, the European Union, Canada or other jurisdictions. By using the Services, you warrant that you are not located in any country, or exporting the Service to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Services any Content, data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of these Terms.

Right to Restrict or Terminate Access

DG may deny or restrict your access to all or part of the Services without notice in its reasonable discretion if it deems that you have engaged in any conduct or activities that DG in its reasonable discretion believes violates the letter or spirit of any of these Terms. If DG denies or restricts your access to the Services because of such a violation, you shall have no right to obtain any refund or credit for the subscriptions fees you have paid. In the event that these Terms or the Services are terminated for any reason or no reason, you acknowledge and agree that you will continue to be bound by these Terms. Following termination, you shall immediately cease use of the Services and any license granted to you under any agreement related to your use of the Services shall immediately terminate. Termination of these Terms or the Services does not relieve you from your obligation to pay DG any amounts owed to DG. DG will not be liable to you or any third party as a result of the termination of these Terms or the Services or for any actions taken by DG pursuant to these Terms as a result of such termination. Without limiting the generality of the foregoing, DG will not be liable to you or any third party for damages, compensation, or reimbursement relating to your use of the Services, or the termination thereof.

Security

You acknowledge and agree that you are bound by these terms to provide for and protect DG, its Content, all current Members of DG, and the current Member’s Content in your reasonable capacity. You additionally acknowledge and agree that DG and its Members are bound by these terms to provide for and protect you and your Content in their reasonable capacity. You shall use your best efforts to prevent unauthorized use of our Services, your Membership, or of any Private Documentation, and shall promptly report to DG any suspected unauthorized use or other breach of security. You shall be responsible for any unauthorized use of your Membership until we receive a notice, as described in Section 1, of a breach of security and a request to block further access for such memberships.

Disclaimer of Warranty

DG will attempt to provide the Services at all times, except for limited periods for maintenance and repair. However, the Services may be subject to unavailability for a variety of factors beyond our control including emergencies, equipment problems or limitations, interference by a third party and may be interrupted, limited or curtailed. Delays or omissions may occur. We may impose usage or Service limits, suspend the Services, or block certain kinds of usage in our sole discretion to protect Members or the Services. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TRADE, QUIET ENJOYMENT, NONINFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION. DG DOES NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. DG DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE, IN TERMS OF ITS ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL DG, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS ("DG PARTIES") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES OR SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES OR OUR SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES.

A DG PARTY'S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID DG FOR YOUR USE OF THE SERVICES IN THE PRIOR THREE (3) MONTHS; AND (B) THE SUM OF ONE HUNDRED (100) US DOLLARS.

SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY. IN SUCH STATES OR JURISDICTIONS, THE DG PARTIES' LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES.  THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY DG TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.  EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS.  THE LIMITATIONS IN SECTIONS 18 AND 19 WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT.

Indemnity

You agree to defend, indemnify and hold the DG Parties harmless from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or relating to (i) any violation of these Terms by you; (ii) your Content or any other Content or material you——; (iii) your violation of any rights of another; or (iv) your use of the Services. DG reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you.

General Terms

Entire Agreement.

These Terms, along with any rules, guidelines, or policies published by DG constitute the entire agreement between DG and you with respect to your use of our Services. If there is any conflict between the Terms and any other rules or instructions listed or published by the Services, the Terms shall control.

Amendments.

No amendment to these Terms by you by shall be effective unless acknowledged in writing by DG. Notwithstanding the foregoing, DG reserves the right, in its sole discretion, to modify these Terms or the policies referenced herein at any time as set forth above.

Governing Law, Jurisdiction and Venue.

These Terms shall be governed by, and construed in accordance with, the laws of the Kingdom of Belothlond, without reference to its choice of law rules. Subject to the arbitration provisions below, exclusive venue for any action arising out of or in connection with this agreement shall be in Pira, Belothlond. The parties each hereby consent to the jurisdiction and venue in Pira, Belothlond and waive any objections to such jurisdiction and venue. Notwithstanding the foregoing, you agree that DG shall be entitled to apply for injunctive remedies or other equitable relief in any jurisdiction.

Dispute Resolution.

Excluding claims for injunctive or other equitable relief, for any claim where the total amount of the award sought is less than 10,000gp, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution provider mutually agreed upon by the parties. The arbitration shall be conducted by written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration each party waives any right to a jury trial.

Limited Time to Bring Claim.

Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred.

Severability.

If any portion of these Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms will otherwise remain in full force and effect.

Assignment.

You may not assign your rights or obligations under these Terms without the prior written consent of DG, which may be withheld in DG's sole discretion.

Non-Waiver.

DG's failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.

Survival.

Any sections or terms which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms, will survive the termination of these Terms and termination of the Services.

Headings.

All headings included in these Terms are included for convenience only, and shall not be considered in interpreting these Terms.

DG Rights Cumulative.

These Terms do not limit any rights that DG may have pursuant to any intellectual property laws or any other laws. All rights and remedies available to DG, pursuant to this Agreement or otherwise, at law or in equity, are cumulative and not exclusive of any other rights or remedies that may be available to DG.

No Injunctive Relief.

In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, or any other materials issued in connection therewith, or exploitation of the Services or any Content or other material used through the Services.

Notice.

If you have any questions, complaints, or claims, you may contact DG by casting Sending to determine the current location of the Party.

Relationship.

No independent contractor relationship, partnership, joint venture, employer-employee or franchise relationship is created by this Agreement.