Acceptance of these terms
These Terms & Conditions ("Terms") are a binding agreement between you and Dark Matt3r Studios, LLC ("Dark Matt3r Studios," "DMS," "we," "us," or "our"). By visiting this website, or by installing, accessing, or using any game, application, or service we publish, you agree to be bound by these Terms. If you do not agree, do not use our website, games, applications, or services.
These Terms apply wherever they are linked from, including inside shipped game and application builds distributed through Steam, the Apple App Store, Google Play, Meta Quest, and console platforms. They work alongside our Privacy Policy and Cookie Policy, which describe how we handle personal information and cookies respectively and which are incorporated into these Terms by reference.
Who you are contracting with
You are contracting with Dark Matt3r Studios, LLC, a company organized under the laws of California, United States.
You can reach us with any question about these Terms at contact@darkmatt3rstudios.com.
Postal correspondence:
Eligibility
You must be old enough to form a binding contract in your place of residence to agree to these Terms on your own behalf. If you are a minor where you live, a parent or legal guardian must review and consent to these Terms on your behalf, and remains responsible for your use of our website, games, applications, and services under this agreement.
Our handling of information from children, including the protections that apply to child-directed products, is described in Children in our Privacy Policy.
Use of the website
Subject to your compliance with these Terms, we grant you permission to view and use this website for your own personal, non-commercial purposes. This permission is not a transfer of ownership in the website or any part of it, and it does not extend to the games, applications, or software described separately in Licence to games and software below.
You may not frame this website inside another site, mirror it, or present it as your own. We may modify, suspend, or discontinue any part of this website at any time, with or without notice.
Acceptable use
Regardless of which of our website, games, applications, or services you are using, you agree not to:
- Reverse engineer, decompile, or disassemble any of our software, except to the extent applicable law expressly permits this despite this restriction;
- Cheat, use unauthorized third-party software, exploit bugs, or otherwise gain an unfair advantage in multiplayer or competitive features;
- Upload, distribute, or attempt to introduce malware, viruses, or other harmful code into our website, games, applications, or services;
- Scrape, crawl, or use automated means to extract data from our website or products beyond what a published API is intended to permit;
- Infringe our intellectual property rights or the intellectual property rights of any third party;
- Harass, threaten, or abuse other players or users, including through in-game chat or community features;
- Circumvent, disable, or otherwise interfere with security-related features, access controls, or licensing and entitlement checks; or
- Commercially redistribute, resell, rent, or sublicense our website content, games, applications, or services without our prior written consent.
We may investigate suspected violations of this section and take action as described in Termination.
Licence to games and software
Subject to your compliance with these Terms and payment of any applicable purchase price, we grant you a limited, non-exclusive, non-transferable, and revocable licence to install and use our games and software for your own personal, non-commercial entertainment purposes.
This licence does not transfer any ownership in the game, software, or any content within it to you. You may not copy, modify, create derivative works from, rent, lease, lend, sell, sublicense, or otherwise transfer any right in a game or software except as this licence expressly permits or as the storefront through which you obtained it separately allows. We and our licensors reserve all rights not expressly granted to you in this section.
Where a product is distributed through a third-party storefront — Steam, the Apple App Store, Google Play, Meta Quest, or a console platform — that storefront's own licence terms also apply to your copy, and this licence applies in addition to, not in place of, those terms.
Your content and feedback
Some of our games, applications, and services let you create or submit content — for example a character name, a screenshot, a level, in-game chat, or a community post ("User Content"). You retain ownership of the User Content you create.
Where a feature requires it — for example to host a screenshot you share, display a level you built to other players, or show a message you post in a community space — you grant Dark Matt3r Studios a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, and display that User Content solely to operate the feature you used it with. This licence lasts for as long as the feature displays your User Content, or until you delete it where deletion is available.
If you send us feedback, suggestions, or ideas about our website, games, applications, or services, you agree that we may use that feedback for any purpose, including to improve or develop our products, without any obligation or compensation to you.
Reporting and removal of content
If you believe User Content posted through our games, applications, or services infringes your copyright or another right of yours, or violates the Acceptable use section, you can report it to us at contact@darkmatt3rstudios.com. Please include enough detail to identify the specific content and explain the basis of your complaint.
We review reports we receive and, where a report is substantiated, we may remove or disable access to the reported content and may suspend the account responsible for it.
If your User Content is removed as a result of a report and you believe it should not have been, you may respond to the same address explaining why. Where we determine the original report was not substantiated, we may restore the content.
Separately from any report, we may remove or disable access to User Content that violates the Acceptable use section, whether or not anyone has reported it.
Purchases and refunds
Purchases of our games, applications, in-game items, or subscriptions are made through third-party storefronts — Steam, the Apple App Store, Google Play, Meta Quest, or a relevant console platform. We do not process payment card data ourselves and do not operate a payment system of our own; the storefront and its payment processor handle your transaction.
Dark Matt3r Studios cannot process refunds for purchases made through a third-party storefront. Refund eligibility, the refund window, and the refund process for any purchase are governed entirely by that storefront's own terms of service and refund policy, not by these Terms. If you want a refund, contact the storefront directly.
Third-party platforms and services
Our games, applications, and services are distributed and operated through third-party platforms, and may interoperate with other third-party services such as voice chat, analytics, or matchmaking providers. Each of these platforms and services has its own terms of service and privacy policy, which apply to your use of that platform or service in addition to these Terms.
We are not responsible for the availability, content, security practices, or conduct of any third-party platform or service, and we do not control the decisions those platforms make about your account, purchases, or access — including suspensions, bans, or outages on their end.
Intellectual property
All game content, characters, story, art, audio, music, source and object code, and other materials that make up our website, games, applications, and services are owned by Dark Matt3r Studios or our licensors and are protected by copyright, trademark, and other intellectual property laws. The Dark Matt3r Studios name and logo, and the names, logos, and marks of our products including Fractured Skies, are trademarks of Dark Matt3r Studios.
Nothing in these Terms grants you any right to use our trademarks, trade names, or logos without our prior written permission.
Disclaimers
To the extent permitted by applicable law, our website, games, applications, and services are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee that our website, games, applications, or services will be uninterrupted, error-free, or available at all times, and we do not guarantee that any defect will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, so some of the exclusions in this section may not apply to you.
Limitation of liability
To the extent permitted by applicable law, Dark Matt3r Studios will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, goodwill, or other intangible losses, arising out of or related to your use of our website, games, applications, or services.
To the extent permitted by applicable law, our aggregate liability for any claim arising out of or related to these Terms is limited to the greater of (a) the amount you paid to Dark Matt3r Studios in the twelve months preceding the claim, or (b) USD 100. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of the limitations in this section may not apply to you.
Indemnification
You agree to indemnify and hold Dark Matt3r Studios, and our officers, employees, and contractors, harmless from any claim, demand, loss, or expense, including reasonable attorneys' fees, arising out of your breach of these Terms or your misuse of our website, games, applications, or services.
Termination
We may suspend or terminate your access to our website, games, applications, or services, in whole or in part, if you breach these Terms, including the Acceptable use section. Where reasonably possible, we will provide notice of the reason for suspension or termination.
You may stop using our website, games, applications, or services at any time. Sections of these Terms that by their nature should survive termination — including Your content and feedback, Intellectual property, Disclaimers, Limitation of liability, Indemnification, Governing law, and Disputes — survive any termination of these Terms.
Product-Specific Terms
Individual products may publish additional terms specific to that
product, such as rules for a particular multiplayer mode or
in-game economy. Where a product publishes a supplement at a URL of
the form /terms/<product>, that supplement
controls to the extent it conflicts with these general Terms.
Absent a supplement, these Terms govern the product in full.
Governing law
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. You and Dark Matt3r Studios agree that the state and federal courts located in Orange County, California have exclusive jurisdiction and venue over any dispute arising out of or related to these Terms that is not resolved as described in Disputes.
Disputes
If a dispute arises between you and Dark Matt3r Studios, we ask that you first try to resolve it informally by contacting us at contact@darkmatt3rstudios.com with a description of the issue. We will try to resolve the dispute with you informally, and both parties agree to allow at least 30 days from that contact for informal resolution before pursuing any other remedy.
If a dispute is not resolved informally within that period, it may be brought in the courts described in Governing law above.
Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
Changes to these terms
The version number and date at the top of this page indicate when it was last revised. We will announce material changes to these Terms on our website. Your continued use of our website, games, applications, or services after a change takes effect constitutes acceptance of the revised Terms.
Contact us
Questions about these Terms can be sent to contact@darkmatt3rstudios.com, addressed to Dark Matt3r Studios, LLC. See Who you are contracting with for postal correspondence.