Terms of Use

Agreement to these terms

These Terms of Use ("Terms") govern your use of the Dust Off Games website (the "Site") and the mobile game Dream Team Baseball (the "Game"), both operated by 12khz, LLC, which operates Dust Off Games ("Dust Off Games," "we," "us," or "our"). Together, we call these the "Services." By using the Services, you agree to these Terms and to our Privacy Policy. If you don't agree, please don't use the Services.

If you download the Game from the Apple App Store or Google Play, that store's terms of service also apply. If these Terms conflict with terms the store requires, the store's required terms control to the extent of the conflict.

Who can play

The Game is rated 4+ and anyone may play it. If you are under 18, or under the age of majority where you live, a parent or guardian must agree to these Terms on your behalf.

Parents and guardians are responsible for in-app purchases made on devices they control. Apple and Google both offer settings that require approval before a purchase goes through, such as Ask to Buy and Google Play purchase approvals, and we recommend turning them on for children's devices.

Your license to the Game

We grant you a limited, personal, non-exclusive, non-transferable, revocable license to download, install and play the Game on devices you own or control, for your own non-commercial entertainment, as permitted by the app store you got it from.

You agree not to:

• Copy, modify, distribute, sell, rent or sublicense the Game or any part of it
• Reverse engineer, decompile or disassemble the Game, except where the law expressly permits it
• Use cheats, exploits, automation software or unauthorized modifications to alter the Game or its purchases
• Remove or change any copyright, trademark or other notices in the Game
• Use the Game in a way that violates any law or the rights of others

The Game is licensed, not sold. We and our licensors keep all rights not expressly granted to you.

Purchases, in-game cash and ads

The Game is free to download and offers optional in-app purchases. All purchases are processed by Apple or Google under their terms, using the payment method on your store account. Prices are shown in the Game before you buy.

Refunds. Because Apple and Google process payments, refund requests go to them. Apple: reportaproblem.apple.com. Google Play: the Order history in your Google Play account. Except where the law requires otherwise, purchases are final.

In-game cash and items. Cash you win on the field, and the equipment, upgrades and other virtual items in the Game, are part of your license to play. They have no real-world monetary value, cannot be exchanged for real money or anything of value, and cannot be sold or transferred outside the Game. We may change, rebalance or retire in-game items and prices as part of developing the Game.

Ads. The Game may show ads provided by third parties. Ads are chosen based on the Game, not on information about you, as described in our Privacy Policy. We are not responsible for the products or services advertisers promote, and tapping an ad may take you outside the Game.

Game progress

The Game plays offline and stores your teams, rosters, seasons and in-game cash on your device. We do not keep a copy. If you delete the Game, reset or lose your device, or switch devices, your progress and earned in-game items may be lost, and we cannot recover them.

Where the Game offers a Restore Purchases option, you can use it to restore eligible purchases made with the same Apple or Google account.

Original players and teams

Every player, team, ballpark and league in the Game is fictional and original to Dust Off Games. Any resemblance to real people is coincidental. Dream Team Baseball is not affiliated with, endorsed by or licensed by Major League Baseball, the MLB Players Association or any professional team or league.

Using the Site

You may use the Site for lawful, personal informational purposes. You agree not to:

• Use the Site in a way that violates any law or the rights of others
• Send spam, malware or other harmful content through the Site or its forms
• Try to gain unauthorized access to the Site, its servers or related systems
• Interfere with or disrupt the Site, including through excessive automated requests
• Scrape, copy or republish substantial parts of the Site without our written permission
• Impersonate Dust Off Games, our team or anyone else

Intellectual property

The Services and their contents, including the Game's code, artwork, characters, music, sound, text, graphics, logos and design, are owned by 12khz, LLC or its licensors and are protected by copyright, trademark and other laws. "Dust Off Games," "Dream Team Baseball" and related logos are trademarks of 12khz, LLC. You may not use them without our prior written permission.

You're welcome to share screenshots and gameplay videos of the Game for non-commercial purposes, such as on social media or streaming platforms, as long as you don't suggest that we sponsor or endorse you.

Information you send us

When you send us information, such as your email address through the launch signup, you confirm that it is accurate and that you have the right to share it. Please don't send confidential or sensitive information.

If you send us ideas, feedback or suggestions about the Game or the Site, we may use them without obligation to you.

App stores and third-party links

The Site links to the Apple App Store, Google Play and other websites we don't control. We aren't responsible for their content, policies or practices. Apple and Google are not parties to these Terms and have no responsibility for the Game or for supporting it.

Disclaimers

The Services are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We don't guarantee that the Services will be uninterrupted, error-free or free of harmful components, that the Game will run on every device, or that Site content is complete or current.

Limitation of liability

To the fullest extent permitted by law, Dust Off Games, 12khz, LLC and their members, officers, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, data, game progress or goodwill, arising out of or related to your use of the Services.

Our total liability for any claim related to the Services will not exceed the greater of the amount you paid us for in-app purchases in the 12 months before the claim, or one hundred U.S. dollars ($100).

Some jurisdictions don't allow certain limitations of liability, so some of these limits may not apply to you.

Indemnification

You agree to defend, indemnify and hold harmless Dust Off Games, 12khz, LLC and their members, officers, employees and agents from any claims, losses and expenses, including reasonable attorneys' fees, arising from your misuse of the Services or your violation of these Terms.

Governing law and venue

These Terms are governed by the laws of the State of New Jersey, without regard to its conflict-of-law rules. Any dispute arising out of these Terms or the Services will be brought exclusively in the state or federal courts located in Camden County, New Jersey, and you consent to their jurisdiction.

Changes and termination

We may change the Services or these Terms at any time. Updated Terms take effect when posted, and the "last updated" date above will change. Your continued use of the Services means you accept the updated Terms.

We may suspend or end your license to the Game if you violate these Terms. You may stop using the Services at any time by deleting the Game.

General

If any part of these Terms is found unenforceable, the rest will remain in effect. Our failure to enforce any provision is not a waiver. These Terms and our Privacy Policy are the entire agreement between you and us about the Services.

Contact