Terms of Service

General

1. Terms

By accessing the website at https://darque.dev/, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use Licence

1. Permission is granted to temporarily download one copy of the materials (information or software) on DarqueDev’s website for personal, non-commercial transitory viewing only. This is the grant of a licence, not a transfer of title, and under this licence you may not:
   1. modify or copy the materials;
   2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   3. attempt to decompile or reverse engineer any software contained on DarqueDev’s website;
   4. remove any copyright or other proprietary notations from the materials; or
   5. transfer the materials to another person or “mirror” the materials on any other server.
2. This licence shall automatically terminate if you violate any of these restrictions and may be terminated by DarqueDev at any time. Upon terminating your viewing of these materials or upon the termination of this licence, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

1. The materials on DarqueDev’s website are provided on an ‘as is’ basis. DarqueDev makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
2. Further, DarqueDev does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall DarqueDev or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on DarqueDev’s website, even if DarqueDev or a DarqueDev authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials

The materials appearing on DarqueDev’s website could include technical, typographical, or photographic errors. DarqueDev does not warrant that any of the materials on its website are accurate, complete or current. DarqueDev may make changes to the materials contained on its website at any time without notice. However DarqueDev does not make any commitment to update the materials.

6. Links

DarqueDev has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by DarqueDev of the site. Use of any such linked website is at the user’s own risk.

7. Modifications

DarqueDev may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

8. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

Projects

1. Disclaimer

The following terms and agreements apply to all projects undertaken with DarqueDev. “You, the client,” henceforth refers to any individual who has engaged DarqueDev for a quotation or service of any kind. By utilizing DarqueDev’s services, and/or making the initial milestone payment for any project, you, the client, acknowledge that you are legally bound by these terms and conditions. You further agree that by accepting any quotation from DarqueDev, you have read, understood, and agreed to the terms outlined below. These terms are subject to change at DarqueDev’s discretion, and the latest version will always be available for review on this page.

2. Quote Validity

You, the client, acknowledge that any quotation provided by DarqueDev is valid for a period of up to 90 days from the date of issuance. If not accepted within this time frame, the quote will no longer be considered valid, and DarqueDev may need to reassess the feasibility of the project based on your updated requirements. This may necessitate the preparation of a new quote, potentially altering scope, cost, timeline, and other factors.

3. Copyright and Ownership

Upon final payment for the project, copyright ownership of the work will transfer to you, the client, in accordance with applicable laws, subject to reasonable exclusions and third-party copyrights. Until the completion and final payment, DarqueDev retains full copyright over all work produced. However, the client retains all rights to their respective characters, though this does not grant them rights to the commissioned project itself. You, the client, may not use the commissioned work for profit, including resale or the transfer of rights. DarqueDev retains the right to showcase the commissioned project on personal galleries or websites, with the exception of time-sensitive gifts where prior approval is required.

4. Timelines and Delivery

All projected timelines are approximations, commencing from the first working day of the week following receipt of the initial payment, or as otherwise agreed in the case of ad-hoc tasks. Delays may occur due to unforeseen circumstances, client-related delays, or other factors beyond DarqueDev’s control. The client is advised to provide prompt feedback to avoid unnecessary delays.

5. Payment Terms

Payments are due as follows: 50% of the agreed-upon quote must be paid prior to commencement of the work, with the remaining 50% due upon completion, as determined at DarqueDev’s discretion. All payments are to be made in AUD via PayPal or Stripe only. Payments must be made in full before final files are delivered to the client.

6. Scope of Work

You, the client, agree to thoroughly review the scope of any provided quote or documentation to ensure that all requested specifications are covered. You also agree to provide clear and concise visual references prior to DarqueDev starting any project. Should any adjustments be necessary, you must notify DarqueDev immediately for possible revision. If additional work outside the scope of the initial quote is requested, DarqueDev will charge an hourly rate based on the nature of the additional work. This rate will be discussed and agreed upon in advance.

7. Avatar Maintenance and Client Responsibility

The client is fully responsible for the maintenance of their avatar, including updates to accessories, shaders, or any other aspects. Should you require updates, a new quote may be issued at DarqueDev’s discretion. The artist retains the right to reuse sketches or preparatory work that has been rejected by the client for future projects.

8. Project Rejection, Cancellation and Refund Policy

DarqueDev reserves the right to reject any commission for any reason. In the event that the client wishes to cancel the commission before work begins, DarqueDev will retain 10% of the total payment as a convenience fee. Should the project be canceled after work has commenced (specifically during the planning phase), a refund of 50% will be issued. If the client is unreachable for a period of 3 months or longer, DarqueDev reserves the right to cancel the commission and retain the full fee.

9. Avatar Uploading and Final Delivery

The client may receive the final project files for personal use, including for upload and future modifications by another artist. DarqueDev may upload the avatar to the client’s profile directly if the client provides the necessary login credentials, with the understanding that such information will only be used for the purpose of completing the commission. DarqueDev will retain project files for a period of 30 days, after which they will be irrevocably deleted from the system.

10. Warranty and Liability Limits

Except as specified in this agreement, all work is provided “AS IS,” and DarqueDev disclaims all implied warranties. You, the client, agree to hold DarqueDev harmless for any damages, lost profits, errors, omissions, or delays resulting from the commissioned work or related activities, including but not limited to internet security breaches or events beyond DarqueDev’s control.

11. Liability and Client Responsibility

You, the client, agree not to hold DarqueDev liable for any loss, damage, or delay arising from your project, including errors or omissions that may occur during the process. Additionally, DarqueDev is not liable for issues caused by external factors, including third-party services, security breaches, or other events outside of DarqueDev’s control.

12. Public and Personal Use of Work

The artist reserves the right to display all commissioned work on personal websites, galleries, or journals. If the work is a time-sensitive gift, the artist may delay showcasing the work publicly at the client’s request. The client may use the project files for personal purposes only, including future modifications by other artists. The client is prohibited from profiting from the commissioned work in any form, including reselling digital files or transferring rights to the project.