These Terms & Conditions were last updated on June 20th, 2023.
These Terms and Conditions (« Terms », « Terms of Service », « Terms and Conditions », « Terms and Conditions of Use ») apply to the DofaRox mobile application (the « App », « DofaRox ») operated by Alex Linares (« Alex Linares », « I »).
Please take the time to carefully review these terms before using the App. By accessing or using the App, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you have no right to access or use the App.
- 2. Third-Party Services
- 3. In-App Purchases
- 4. Disclaimers
- 5. Limitation Of Liability
- 6. Indemnity
- 7. Intellectual Property
- 8. Modification Of These Terms
- 9. Your Acceptance Of These Terms
- 10. Contact Details
2. Third-Party Services
The App may contain links to third-party apps or sites that are not owned or operated by me, including through promotions and advertisements. These links are provided to you only as a convenience and I am not responsible for the the availability (or lack of availability) of such external websites or resources, or the content or links displayed on such apps or sites. If you decide to download a third-party app or access a third-party website, you assume all risk related to such access and use, and agree that I will not be responsible or liable for such third parties’ terms or actions.
You further acknowledge and agree that I shall 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 web sites, mobile applications or services.
3. In-App Purchases
The App is free to download and use. You can remove ads and get access to additional premium features at any time by upgrading to the Premium version. You acknowledge and agree that you are fully responsible for managing your In-App Purchases and the amount you spend on In-App Purchases within the App.
If you are under 18 then you must have your parents’ or guardians’ permission to make any In-App Purchases. By completing an In-App Purchase, you are confirming to us that you have any and all permission that may be necessary in order to allow you to make that In-App Purchase.
More information about how you may be able to switch off and/or manage In-App Purchases using your device may be set out in the App Store Provider’s terms and conditions/EULA, in your device’s help settings or online. If you are a parent or guardian of someone under the age of 18 I recommend that you consider any parental controls that may be provided by the App Store Provider if you are concerned that your child may make excessive In-App Purchases.
If you make an In-App Purchase, that In-App Purchase cannot be cancelled after you have initiated its download. In-App Purchases cannot be redeemed for cash or other consideration or otherwise transferred. If you make any In-App Purchases in the App, then the App Store Provider’s terms and conditions/EULA applicable to In-App Purchases will also apply.
If any In-App Purchase is not successfully downloaded or does not work once it has been successfully downloaded, I will, after becoming aware of the fault or being notified of the fault by you, investigate the reason for the fault. I will act reasonably in deciding whether to provide you with a replacement In-App Purchase or issue you with a patch to repair the fault. In no event will I charge you anything further to replace or repair the In-App Purchase. In the unlikely event that I am unable to replace or repair the relevant In-App Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to you, I will authorize the App Store Provider to refund you an amount up to the cost of the relevant In-App Purchase. Alternatively, if you wish to request a refund, you may do so by contacting the App Store Provider directly.
You acknowledge and agree that all billing and transaction processes are handled by the App Store Provider from whose platform you downloaded the App and are governed by the App Store Provider’s terms and conditions/EULA. If you have any payment related issues with In-App Purchases then you need to contact the App Store Provider directly.
I PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANT NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE APP (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. I DO NOT REPRESENT OR WARRANT THAT (A) THE APP WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE APP WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE APP WILL BE ACCURATE. I TAKE NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE APP. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS ACCESSED AT YOUR OWN DISCRETION AND RISK. I DISCLAIM AND TAKE NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER USER, ON OR OFF THE APP. BY ACCESSING OR USING THE APP YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE APP.
5. Limitation Of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL I BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP; (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH OR FOLLOWING USE OF THE APP; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF I HAVE BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL MY AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE APP OR THIS AGREEMENT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO ME DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST ME, WHETHER IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE APP, AND THIS AGREEMENT. THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold me harmless from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the App, your Content, or your breach of these Terms.
7. Intellectual Property
You acknowledge that I retains all rights, title, and interest in and to all copyrights, trademarks, trade secrets, patents, and any other proprietary rights in the App, including all content contained therein. The App, its logos, along with other Alex Linares trademarks, service marks, graphics, are the exclusive property of Alex Linares. The App is owned and licensed by Alex Linares and is protected by the laws of France and any country in which the App is made available.
You agree to prevent any unauthorized copying, use, or distribution of the App. I do not grant any express or implied right to you under any owned or licensed copyrights, trademarks, trade secrets, patents, or other proprietary rights.
The App is an unofficial application with no affiliation to Ankama. Some content, texts, and graphics displayed in the App are the property of © Ankama 2004-2023, All Rights Reserved, provided to you for convenience purposes only, and with Ankama’s prior authorization. Dofus and Ankama are trademarks or registered trademarks of Ankama in France and/or other countries.
8. Modification Of These Terms
I reserve the right, at my sole discretion, to change, modify, add or remove any part of these Terms at any time. I may do this for a variety of reasons including, but not limited to, reflect changes in or requirements of the law, new features, or changes in business practices. If these actions do not materially affect your rights or obligations, I may not provide you with notice before taking them. What constitutes a material change will be determined at my sole discretion.
You agree that such modified Terms will become effective immediately upon publication on this website. Please note that I may also decide to suspend the App entirely, in which event I will notify you in advance unless extenuating circumstances, such as safety or security concerns, preventing me from doing so. The most recent version is the version that applies. If you continue to use the App after the changes become effective, then you agree to the revised Terms.
9. Your Acceptance Of These Terms
By using the App, you signify your acceptance of these Terms. If you do not agree to these Terms, please do no use the App. Your continue use of the App following the posting of changes to these Terms will be deemed your acceptance of those changes.
10. Contact Details
If you have any questions concerning these Terms and Conditions, please don’t hesitate to reach out to me at email@example.com for clarification.