Terms of Use

1. Agreeing to these terms

These Terms of Use (“Terms”) are an agreement between you and David Merschbrock, doing business as Naughty & Dice Games (“we,” “us”), covering naughtydice.com and its games (the “Service”). By entering the site, playing a game, or creating an account, you agree to these Terms and to our Privacy Policy and Disclaimer & Safety page. If you don't agree, please don't use the Service.

2. Adults only

• You must be at least 18 years old, or the age of majority where you live if that is higher.
• You may play only with other adults who meet the same requirement and who want to play.
• The Service contains sexually explicit text and suggestive drawings. Don't use it where viewing such material is illegal, and don't show it to anyone under 18 or anyone who hasn't agreed to see it. Keep your screen private in public places.
• You are responsible for following the laws where you are.

3. Consent and respect

Our games are designed for couples who have already agreed to play together. By playing, you agree that:

• Every prompt is optional. Timers, the “no skip, no swap” rule, scores, and winner choices are only game mechanics. They never create an obligation to do anything. The games don’t let you skip or swap a prompt, but anyone can say no, pause, or stop the game at any moment, for any reason.
• Consent must be clear, enthusiastic, and ongoing, and it can be withdrawn at any time. Someone who is asleep, unconscious, or impaired by alcohol or drugs can't consent.
• Talk about limits, boundaries, and a stop word before you start, and respect them.
• Never photograph, record, stream, or share images or video of a partner without their clear consent. Sharing intimate images without consent is illegal in most places.
• Never use the Service to pressure, coerce, harass, or harm anyone.

4. Play responsibly (your safety)

Some prompts involve physical activity, sexual contact, positions that need strength or flexibility, food or household items, lubricants, and restraint-style play. You understand and agree that:

• You decide what is safe for you and your partner. If a prompt isn't right for your health, body, fitness, pregnancy, injuries, or comfort, don't do it: stop the game.
• You are responsible for sexual health and protection, including contraception and protection against sexually transmitted infections.
• You use any items, foods, lubricants, or products at your own risk. Check for allergies, and follow the safety tips on our Disclaimer & Safety page.
• You participate voluntarily and assume the risks of the activities you choose to do, to the fullest extent the law allows.

No medical or professional advice. The Service is entertainment only. It isn't medical, health, sexual-health, psychological, or relationship advice. Talk to a qualified professional about any health concern.

5. Accounts

• Accounts are optional. If you create one, give a real email address you control and keep your password private. You're responsible for activity on your account.
• One person per account. Don't create accounts for anyone else or for anyone under 18.
• Tell us at iwdbrandingkc@gmail.com if you think someone else has accessed your account.
• You can delete your account at any time from your account page. We may suspend or delete accounts that break these Terms.

6. Acceptable use

Please don't:

• use the Service for anything illegal or involving anyone under 18;
• try to hack, overload, scrape, or interfere with the site, its accounts, or other players' rooms;
• copy, resell, republish, or redistribute our games, prompts, card decks, or artwork, or build a competing product from them; or
• pretend to be us or someone else.

7. Our content and intellectual property

The Naughty & Dice Games name and logos, game names (such as Check-Mate and Bare Pairs), game rules as presented, prompts, card text, icons, artwork, and site design are owned by us or our licensors and protected by copyright and trademark laws. We give you a personal, non-exclusive, non-transferable, revocable permission to use the Service for your own private, non-commercial play. All other rights are reserved.

Some parts of the games use open-source software, such as PeerJS and chess.js. Those parts are covered by their own licenses.

If you send us ideas or feedback, you agree we can use them freely without owing you anything.

8. Donations and Patreon

The games are free. Supporting us on Patreon is voluntary. Pledges, payments, billing, cancellations, and refunds are handled by Patreon under Patreon's terms. Unless a Patreon tier clearly says otherwise, a donation doesn't buy any product, feature, or guaranteed perk on this site.

Some tiers come with perks on this site, such as early access to new games for Tease and Naughty patrons. Perks require connecting your Patreon account, last only while your pledge is active, and are provided as a thank-you rather than a purchased product. We may change, pause, or end a perk, and early-access games may later become free for everyone.

9. Third-party services and links

The Service relies on or links to services we don't control, such as Patreon and the PeerJS connection servers used for two-phone play. We aren't responsible for their content, availability, or practices, and your use of them is subject to their terms.

10. Changes and availability

We may add, change, or remove games, prompts, and features, or pause or end the Service, at any time. Two-phone play depends on your network and outside servers and may not always work. We may update these Terms. When we do, we'll change the date at the top of this page, and if the change is significant we'll post a notice on the site. If you keep using the Service after an update, you accept the new Terms.

11. Disclaimers

The Service is provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, safety, accuracy, and non-infringement. We don't promise that the Service will be uninterrupted, error-free, or secure, or that any prompt is suitable or safe for you. Some places don't allow certain warranty exclusions, so some of these may not apply to you.

12. Limitation of liability

To the fullest extent the law allows, we and our owners, contributors, and partners will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any personal injury, emotional distress, relationship harm, loss of data, or loss of profits, arising from or related to your use of the Service or any activity you choose to do because of it, even if we were told such damages were possible.

Our total liability for any claim related to the Service is limited to the greater of (a) the amount you paid us, if any, in the 12 months before the claim, or (b) US $50.

Some places don't allow these limits, so they apply to you only as far as the law allows. Nothing in these Terms limits liability that can't legally be limited, such as for gross negligence or intentional misconduct.

13. Indemnity

If you break these Terms or the law, or harm someone through your use of the Service, you agree to cover the reasonable costs, damages, and legal fees we face as a result of claims by others, to the extent the law allows.

14. Ending use

You can stop using the Service and delete your account at any time. We may suspend or end your access if you break these Terms. Sections that by their nature should survive (such as 4, 7, and 11 through 16) continue to apply after that.

15. Governing law and disputes

These Terms are governed by the laws of the State of Kansas, USA, without regard to conflict-of-law rules. Before filing any claim, please email us at iwdbrandingkc@gmail.com so we can try to resolve it informally within 30 days. If we can't, any lawsuit must be brought in the state or federal courts located in Johnson County, Kansas, and you and we agree to those courts' jurisdiction. Either of us may bring an eligible claim in small-claims court instead.

16. Everything else

These Terms, together with the Privacy Policy and Disclaimer & Safety page, are the whole agreement between you and us about the Service. If any part is found unenforceable, the rest still applies. If we don't enforce a part right away, we haven't waived it. You may not transfer these Terms. We may transfer them as part of a sale or reorganization of the Service.

17. Contact

Questions about these Terms? Email iwdbrandingkc@gmail.com.