Terms and Conditions
End User License Agreement
PLEASE READ THIS AGREEMENT CAREFULLY.
YOUR USE OF THIS SOFTWARE IS SUBJECT TO THIS END USER LICENSE AGREEMENT ("AGREEMENT") BETWEEN DWC SOFTWARE LTD. CO. (THE "COMPANY") AND THE PERSON WHO USES THE SOFTWARE WHICH ACCOMPANIES THIS AGREEMENT (THE "USER") OR VISITS BONETOWN.COM ("WEBSITE"). THE "SOFTWARE" INCLUDES ALL SOFTWARE INCLUDED WITH THIS AGREEMENT, THE ACCOMPANYING MANUAL(S), PACKAGING, AND OTHER WRITTEN, ELECTRONIC, AND ONLINE MATERIALS. BY PURCHASING, INSTALLING AND/OR USING THIS SOFTWARE, YOU AGREE TO ACCEPT ALL OF THE PROVISIONS OF THIS LICENSE. THE COMPANY IS WILLING TO GRANT A USER A NON-TRASNFERABLE, NON-EXCLUSIVE, LIMITED RIGHT AND LICENSE TO USE ONE COPY OF THE SOFTWARE ON ONE COMPUTING DEVICE ONLY IF THE USER ACCEPTS ALL OF THE TERMS OF THIS AGREEMENT.
BY AGREEING TO THE TERMS OF THIS AGREEMENT BELOW AND ACCESSING THE PRODUCTS, THE USER ACKNOWLEDGES THAT USER IS OVER 18 (OR THE AGE OF MAJORITY IN HIS/HER PLACE OF RESIDENCE) AND HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY IT. IF THE USER DOES NOT AGREE TO ALL OF THE TERMS IN THIS AGREEMENT, THE USER SHOULD NOT ACCESS OR OTHERWISE UTILIZE THE PRODUCT BECAUSE NO LICENSE SHALL HAVE BEEN GRANTED THERETO.
1. AGE. The User agrees that he/she is over 18 years of age (or 21 in some states, or the age of majority in his/her place of residence) and that he/she will not allow any minor to view or have access to the material in any way at any time. If the User misrepresents his/her age, he/she and his/her legal guardian is in violation of federal laws.
2. RESTRICTIONS. The User may not sell, distribute, rent, lease, or loan the Product or any part thereof in any way including, but not limited to, making the Product available to others via a computer network, or by sharing access information, which includes the User's Username and Password. User may not copy, modify, or transfer the Products to others, in whole or in part, except as expressly provided in this Agreement. The User may not reverse engineer, disassemble, decompile, or translate the Product, or otherwise attempt to derive its source code or the source code through which the Products is accessed, or authorize any third-party to do any of the foregoing. The User may not create any derivative work based upon or otherwise derived from the Software or any portion thereof.
3. OWNERSHIP. The Company's Products are the property of the Company and its licensor(s), and subject to applicable patent, copyright, trademarks and other proprietary rights. The Company retains all right, title, and interest to this software, including, but not limited to, all copyrights, trademarks, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights. The Software is protected by United States copyright law and applicable copyright laws and treaties throughout the world. All rights are reserved. Be advised that Copyright violations in the US are subject to penalties of up to $100,000 per violation. The Product is for use only under the terms of this Agreement, and the Company reserves all rights not expressly granted to the User.
4. TERMINATION. This Agreement will terminate immediately if the User breaches any term of this Agreement. Further, in the event of a termination or expiration of any agreement between the Company and a third-party content provider or licensor of all or a part of the Products, the User's right to access and use the Products may also terminate or expire without prior notice to User. A User may terminate this Agreement at any time by notifying the Company in writing. Upon receipt of notice of termination from the User, the User's access to the Products shall cease. Upon termination, any refund to which the User may be entitled shall be determined in accordance with the terms of the applicable Purchase Contract.
5. FICTITIOUS DISCLAIMER. All companies, organizations, products, logos, people, places, and events depicted herein are fictitious. No association with any real company, organization, product, logo, person, place, or event is intended or should be inferred.
6. PERFORMERS. All performers in this software are at least 18 years of age.
7. LIMITATION OF LIABILITY. Neither the Company, its affiliates, resellers, agents, or licensors, if any, shall be liable for any claim, demand or action arising out of, or relating to, the User's use of the Product or the Company's performance of (or failure to perform) any obligation under this Agreement or for special, incidental or consequential damages, including, without limitation, direct or indirect; incidental, or consequential damages for personal injury, personal property, moral distress, loss of business profits, business interruption, attorney's fees, loss of text or data stored in or used with the software including the cost of recovering or reproducing such, or any other loss arising from or out of the User's inability to use the Product, or misuse of the Product even if the Company, its affiliates, resellers, agents, or licensors have been advised of the possibility of such loss or damages, and whether or not such loss or damages is or are foreseeable. The User will indemnify and hold harmless the Company and all its officers, employees, directors, affiliates, shareholders, and representatives from any issues arising from the use of this Product.
8. GOVERNING LAW, JURISDICTION AND VENUE. This Agreement shall for all purposes be governed by and interpreted in accordance with the laws of the State of California in the County of Los Angeles as those laws are applied to contracts entered into, and to be performed entirely in California by California residents. Any legal suit, action or proceeding arising out of, or relating to this Agreement, shall be commenced in a court in Los Angeles County, California, and the User hereto irrevocably submits to the personal and exclusive jurisdiction and venue of any such court in any such suit, action or proceeding and waives any right which it may have to transfer or change the venue of any such suit, action or proceeding.
9. EQUITABLE REMEDIES. The User agrees that if the terms and conditions of this Agreement are not specifically enforced, the Company shall be irreparably damaged, and therefore you agree that the Company shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to your breach of any of the provisions of this agreement.
If any legal action or proceeding is brought for the enforcement of this Agreement or arises from the alleged breach, dispute, default or misrepresentation in connection with any of the provisions of this Agreement, or if any legal action is brought against the Company in any way, if the Company is to prevail, the Company shall be entitled to recover from the losing party reasonable attorney's fees and other costs incurred as a result of such legal action or proceeding.
10. LAW ENFORCEMENT. The User certifies that he/she is not a city, county, state or official federal law enforcement officer, foreign official, or inspector for any postal service.
11. ENTRAPMENT. The User certifies that he/she is not ordering this Product for the purpose of entrapment, and is not ordering this Product as evidence for the prosecution of, or harassment of any individual or organization.
12. DESIRE TO RECEIVE. The User desires to receive and view sexually explicit material for his/her own personal use. He/she has not notified the any postal service or any other government agency to intercept this product.
13. NON-OBSCENITY. By ordering this Product, the User agrees that the material contained herein is not obscene or offensive to them in any way nor could ever be construed to be so. The User also agrees that the material presented here is not illegal or considered obscene within in his/her town, borough, village, community, city, state, province or country, and neither is it considered so in the area to which the Product will ship.
14. WAIVER. No failure to enforce any term of this Agreement shall constitute a waiver of such term in the future unless such waiver so provides by its terms.
15. ASSIGNMENT. Neither this Agreement nor any of the User's rights or obligations hereunder may be assigned by the User in whole or in part without the prior written approval of the Company. Any other attempted assignment shall be null and void.
16. SEVERABILITY. If any part of this Agreement is for any reason found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall not be affected and same shall remain in effect.
17. COMPLETE AGREEMENT. This Agreement is the complete and exclusive statement of the agreement between the Company and the User with respect to its subject matter, and supersedes and voids any proposal or prior agreement, oral or written, and any other communications between the parties in relation to its subject matter. No waiver, alteration or modification of this Agreement shall be valid unless made in writing and signed by a corporate officer of the Company.
Other Terms and Conditions
Shipping/Billing/Returns
Due to New Mexico State laws, we must charge sales tax only on orders where items are delivered within New Mexico. The sales tax rate is 6.875%. There is no sales tax for orders being delivered outside of New Mexico.
Discreet Packaging
We use standard shipping boxes and envelopes and all return address labels read "DWC Software Ltd. Co.". There will be absolutely no mention of the contents of the shipment anywhere on the package. More on privacy can be found under Privacy Policy.
Discreet Billing
This purchase will show up on your credit card statement as "BONETOWN.COM". All invoices and shipping labels will read as being from DWC Software Ltd. Co.
Defective Items
Unfortunately, we are unable to verify the quality and condition of every game we sell. If you receive a game that is defective, please e-mail support@dwcsoftware.com to receive a return authorization number. Once you have this, return the game to us at the address indicated with a copy of your invoice and a note detailing the errors that were encountered. We will test the game ourselves and will replace your game if it is determined to be defective.
Please read system requirements carefully before purchasing the game, as DWC Software will NOT be liable for games that are not functional on systems that do not meet the requirements to run BoneTown. The purchase price will not be refunded in this case.
PLEASE NOTE: SHIPPING TIMES ARE BASED ON CARRIER STANDARDS WITHOUT ANY SHIPPING DISCREPANCIES OR PROBLEMS. Saturdays, Sundays and/or holidays are not considered business days. DWC Software Ltd. Co. is not responsible for items lost, damaged, or delayed during shipping.
INTERNATIONAL SHIPPING INFORMATION - Due to customs clearance, International orders may take up to 2 weeks or more for arrival depending on country. All items sold herein are legal in the US; however, certain countries have restrictions as to the use and/or sale of sexually explicit material. We are not liable for any items that are seized or confiscated by any foreign government, or any problems that may result to the customer as a result of purchasing or using the game. We are not liable for any tariffs, import duties or international taxes imposed outside the US. For international shipping, prices may be higher than those shown to you when placing an order. If there is a difference in shipping cost we will notify you prior to shipping; you can then cancel your order, choose a different shipping address or continue with your order. If you choose to continue with your order, we will add the new shipping cost to the total of your order.
DWC Software Ltd. Co. is not and will not be responsible for shipment delay, game DVD unreadable due to your computer incompatibility, or by factors beyond its control, including equipment failure. Please beware that the internet or any wide area communications network may become inoperable from time to time due to unforeseeable factors that are beyond the control of DWC Software.
Risk of Loss
The risk of loss and title for all items purchased via Site pass to the User upon delivery of the item to the carrier for all international orders or domestic orders shipped via standard shipping.
Placing an order with this company WILL NOT enroll you in any type of club membership and will not subject you to any future hidden charges. Please feel very comfortable shopping with us.
Website Terms and Conditions
Your Conduct
You agree to use the BoneTown Website only for lawful purposes. You are prohibited from posting on or transmitting through the Website any Content that violates or infringes anyone's intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or, to the extent protectable, confidential ideas) or that is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, or otherwise deemed by DWC Software Ltd. Co. to be harmful or objectionable, or that intentionally or unintentionally violates any applicable local, state, national or international law, or any regulations having the force of law.
Comments, Communications and Other Content
All comments, communications, ideas, and other content disclosed, submitted or offered to DWC Software Ltd. Co. or the Website or otherwise disclosed, submitted or offered in connection with Your use of the Website or Forums (collectively, the "Comments") shall be and remain DWC Software Ltd. Co.'s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to DWC Software Ltd. Co. of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, DWC Software will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. DWC Software is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by You to the Website will violate any rights of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by You to the Website will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
Links
The Website may provide, or third parties may provide, links to other Internet sites or resources. Because DWC Software has no control over such sites and resources, You acknowledge and agree that DWC Software is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. DWC Software will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
The Website may be linked to or from other websites that are not under the control of and are not maintained by DWC Software. DWC Software is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by DWC Software of those sites.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE IS PROVIDED BY DWC SOFTWARE LTD. CO. ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNLESS OTHERWISE EXPLICITLY STATED, THE CONTENT ON THE WEBSITE IS PROVIDED "AS IS", "WITH ALL FAULTS," AND IS FOR COMMERCIAL USE ONLY. DWC SOFTWARE DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. DWC SOFTWARE MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON THE WEBSITE. IN NO EVENT WILL DWC SOFTWARE OR ITS SUPPLIERS BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT OR INFORMATION FROM THE WEBSITE.
DWC SOFTWARE MAKES NO WARRANTY OR CONDITION THAT: (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR THAT (v) ANY ERRORS IN THE WEBSITE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DWC SOFTWARE OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE TERMS. DWC SOFTWARE'S EMPLOYEES ARE NOT AUTHORIZED TO VARY THESE TERMS.
Site Security
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. DWC Software Ltd. Co. will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents available from DWC Software on the Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
Termination of Use
DWC Software Ltd. Co., at its sole discretion, may terminate Your password, Your account, Your use of any of the on-line resources available on the Website, and remove and discard any Content on the Website, for any reason, including, without limitation, for lack of use or if the Company believes that You have violated or acted inconsistently with the letter or spirit of the Terms. Any termination of Your access to the Website under any provision of the Terms may be effected without prior notice, and DVD Empire may immediately de-activate or delete Your account and all related information and files in Your account and/or bar any further access to such files or to the Websites. Further, the Company will not be liable to You or any third-party for any termination or suspension of Your Account or Your access to the Website.
Restrictions: The foregoing licenses do not include any rights to reproduce, retransmit, photocopy, distribute, disseminate, sell, publish, broadcast, or circulate Content to anyone without the express prior written consent of DWC Software Ltd. Co. You may use Content for your personal use, but copying and distributing Content to third parties from the Sites is forbidden. You are prohibited to:
1. modify, download (other than page caching), reproduce, copy, or resell the Sites, the Content or any portion or derivative thereof;
2. commercially use the Sites, the Content or any portion derivative thereof (unless User has a business relationship with DWC Software Ltd.Co.);
3. copy or download any User's account information for the benefit of any third party;
4. enable high volume, automated, electronic processes that apply to the Sites or its systems;
5. use any robot, spider, data miner, scraper or other automated means to access the Sites or its systems for any purpose (unless robot, spider, data miner, or scraper is explicitly permitted by DWC Software Ltd. Co.);
6. interfere or attempt to interfere with the proper working of the Sites;
7. bypass any measures used to prevent or restrict access to any portion of the Sites;
8. frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Sites (unless User has a business relationship with DWC Software Ltd. Co.);
9. use Sites' domain names, trademarks, services marks or logos in any meta tags or any other "hidden text" or
10. use Sites for the purpose of posting on or transmitting through the Sites any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law; or
11. Any other unlawful purposes.
Headings
The use of headings is for convenience and will not affect the interpretation of this Agreement.
Electronic Communications
When you visit www.bonetown.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Site Policies, Modification, and Severability
Please review our other policies, such as our Privacy Policy, posted on this site. These policies also govern your visit to www.bonetown.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Termination of Usage
DWC Software Ltd. Co. reserves the right to refuse service to anyone.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Modification: The Company reserves the right to change or modify all or part of this agreement at any time, effective immediately upon publication on this site.
This site is owned and operated by DWC Software Ltd. Co. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of DWC Software Ltd. Co. D-DUB, BoneTown, the D-DUB logo, and the BoneTown logo are registered trademarks of DWC Software Ltd. Co. All characters, locations, brands, and associated imagery featured in this game and on this website are trademarks and/or copyrighted materials. ALL RIGHTS RESERVED. All software used on the site is the sole property of DWC Software Ltd. Co., or those supplying the software. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without DWC Software Ltd. Co.'s prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.