Terms of Service
PLEASE READ THESE TERMS OF SERVICE AGREEMENT (“TERMS OF SERVICE” OR “AGREEMENT“) CAREFULLY. BY CLICKING THE “ACCEPT” BUTTON AT THE END OF THE AGREEMENT BELOW, OR BY PARTICIPATING IN THE GAME, OR BY USING THE www.eternalcrusade.com WEBSITE AND RELATED WEBPAGES (THE “WEBSITE”), YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE AGREEMENT, CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT AGREE TO ACCEPT THE TERMS OF THIS AGREEMENT (IF APPLICABLE) AND DO NOT PARTICIPATE IN THE GAME OR USE THE WEBSITE. YOU ARE RESPONSIBLE FOR ANY INTERNET CONNECTION FEES THAT YOU INCUR WHEN ACCESSING THE SERVICE.
II. Privacy & Data Collection
You understand, acknowledge and agree that public communications on EC Services, including www.eternalcrusade.com are not private or confidential, and may be viewed and used by others accessing the EC Services.
III. Eternal Crusade Account
A. Opening & Maintaining Account
While some elements of the Website may be generally accessed by the public, certain aspects of the Website (e.g. posting in the Forums) and the use of EC Services requires you to create an account on the Website (the “Account”). If you have questions about registration for an Account, please contact us at support.
Only “natural persons,” as opposed to any kinds of legal entities (e.g., corporations, limited liability companies, and/or partnerships), shall have the privilege of establishing an Account. By entering into this Agreement and creating an Account, you represent that you are an adult and have the legal capacity to enter into a contract in the jurisdiction where you reside. You agree to comply with this Agreement on behalf of yourself and, at your discretion, any minor children for whom you are the parent or legal guardian and whom you have authorized to play the Game using your Account. You further agree that you are entirely liable for all activities conducted through your Account, and are responsible for ensuring that you and/or your child is aware of, understands, and complies with the terms of this Agreement and any and all other EC Terms.
THE WEBSITE AND THE GAME ARE NOT INTENDED FOR PLAYERS UNDER THE AGE OF MAJORITY. BHVR DOES NOT KNOWINGLY COLLECT INFORMATION FROM PLAYERS UNDER THE AGE OF MAJORITY. IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR COUNTRY, PLEASE DO NOT SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION TO BHVR.
To create an Account, you must have an email address, and provide truthful and accurate information. Please note that in utilizing certain areas of the Website (e.g. purchasing certain merchandise), you will be requested to provide additional information such as your name, full address and in some cases, payment information. You must be eligible to use the EC Service for which you are registering. Some EC Services require the creation of a “user name” or a “persona.” User names and personas are tied to your Account. You may not use a user name or persona that is used by someone else, is vulgar or offensive, or otherwise violates the Terms of Service. BHVR reserves the right to block or remove any “user name” or “persona”, if the use thereof violates any EC Terms, laws or regulations, including, without limitation, personality rights, or trademarks.
You are solely responsible for all activity on your Account including purchases, whether or not authorized by you. Your Account may be terminated if someone else uses it to engage in activity that violates the Terms of Service or is otherwise improper or illegal. You should not reveal your Account password to others. BHVR will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions.
We have implemented physical, electronic and managerial procedures in order to help safeguard and prevent unauthorized access, use, alteration, modification and/or disclosure of your personal information. Although we use reasonable efforts to safeguard the security of your personal information, transmissions made on or through the Internet and personal information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify BHVR by emailing support addition, submissions made via e-mail are not protected by encryption and are vulnerable to interception during transmission.
B. Rules of Conduct
“User Content” as referred to herein means all forms of communication, messages, information, data, text, software, graphic files, or other materials, whether in written, verbal, electronic, digital, machine-readable or any other form, whether now known or hereafter to become known, which is contributed to the Website or any EC Service by anybody other than BHVR.
You violate the Terms of Service if you:
- Post, transmit, promote, or distribute User Content that is illegal.
- Harass, threaten, embarrass, or do anything else to another user that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.
- Transmit, or facilitate distribution of User Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable. Hate speech is not tolerated.
- Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, “spamming” or flooding [posting repetitive text].
- Impersonate another person (including celebrities), indicate falsely that you are a BHVR employee or a representative of BHVR, or attempt to mislead users by indicating that you represent BHVR or any of BHVR’s partners or affiliates.
- Attempt to get a password, account information, or other private information from anyone else on EC Services.
- Upload User Content that you do not own or have permission to freely distribute.
- Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
- Upload files that contain a virus or corrupted data.
- Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
- Improperly use web support or complaint buttons or make false reports to BHVR staff.
- Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
- Modify any part of the EC Services that BHVR does not specifically authorize you to modify.
- Post or communicate any user’s real-world personal information using an EC Service.
- Attempt to interfere with, hack into or decipher any transmissions to or from the servers for an EC Service.
- Attempt to use BHVR Software on or through any service that is not controlled or authorized by BHVR.
- Exploit the Game or any of its parts thereof or EC Services, for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other location-based site; (b) for gathering in-game virtual, items or resources for sale outside the Game; or ©performing in-game services in exchange for payment outside the Game, e.g., power-leveling.
- Interfere with the ability of others to enjoy playing a EC Service or take actions that interfere with or materially increase the cost to provide a EC Service for the enjoyment of all its users.
- Exploit errors in design, features which are not documented, and/or bugs to gain access that would otherwise not be available or to obtain any competitive advantage.
- Reverse engineer, decompile or disassemble all or any portion of the Website, Game or other EC Service.
- Facilitate, create or maintain any unauthorized connection to the Game or the Website, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Website; and (b) any connection using programs or tools not expressly approved by BHVR.
This above-referenced list of prohibitions only provides examples of unacceptable conduct and is not intended to be a complete or exclusive list of prohibited conduct. Your online conduct should be guided by common sense and respect for others who access and use the Website (whether or not such third parties are registered users of the Website) and for the employees and representatives of BHVR. You must also obey all federal, provincial, state, and local laws, regulations and rules that apply to your activities when you use EC Services. BHVR reserves the right to terminate your Account and to prevent your use of any and all EC Services if your Account is used to engage in illegal activity, violates these rules of conduct, or otherwise any EC Terms.
If you encounter another user who is violating any of the rules of conduct, please report this activity to BHVR by contacting support.
C. Consent to Monitor
You agree that we may communicate with you via telephone, email and any similar technology for any purpose relating to the Game, and any EC Service or BHVR Software which may in the future be provided by us or on our behalf. You expressly permit BHVR to upload CPU, operating system, video card, sound card and memory information from your computer to analyze and optimize your Game experience, improve and maintain the Game and/or provide you with customer service. In the event that the Game detects an unauthorized third party program, (a) the Game may communicate information back to us, including without limitation your Account username, details about the unauthorized third party program detected and the activities or functions performed thereby, and/or (b) we may exercise any or all of its rights and remedies under the EC Terms without prior notice to the user(s) linked to such unauthorized third party program.
D. Termination of BHVR Account & Services by BHVR
BHVR may suspend, modify or terminate your Account(s) (and access to all related entitlements and EC Services) for violation of these Terms of Service, or any other EC Terms, illegal or improper use of your Account, or illegal or improper use of EC Services, products, or BHVR’s Intellectual Property. You will lose your user names and personas as a result of the Account termination. If you have more than one Account, BHVR may terminate all of your Accounts and all related entitlements. BHVR may issue you a warning, or BHVR may immediately terminate any and all Accounts that you have established. You acknowledge that BHVR is not required to provide you notice before terminating your Account(s). If BHVR terminates your Account, you may not participate in an EC Service again without BHVR’s express permission. To participate in an EC Service after such termination, contact us at support. BHVR reserves the right to refuse to keep Accounts for, and provide EC Services to, any individual. You may not allow individuals whose Accounts have been terminated by BHVR to use your Account.
In addition, BHVR reserves the right to terminate any EC Service at any time by giving you notice of such termination within the time period specified when you joined the particular EC Service, or if no time period for notice of termination was specified, then within ten (10) days of the date such notice is posted on the applicable EC Service.
If your Account, or a particular subscription for a EC Service associated with your Account, is terminated for a violation of these Terms of Service, the EULA or any other EC Terms, no refund will be granted; no online time or other credits will be credited to you or converted to cash, nor will any other form of reimbursement be issued, and you will have no further access to your Account or entitlements associated with your Account or the particular EC Service (such as digital assets, game credits, passes, and tokens).
E. Cancellation of a BHVR Account by you
You may cancel your Account at any time by contacting support. If you do not agree to the terms in this Terms of Service, the EULA, or any other EC Terms, your sole remedy is to not use EC Services and to cancel your Account or applicable subscriptions. You understand and agree that the cancellation of your Account is your sole right and remedy with respect to any dispute with BHVR, including any dispute related to, or arising out of: (1) any term of this Terms of Service, the EULA, or any other EC Terms, or BHVR’s enforcement or application thereof; (2) the content available through EC Services or any change in content provided through EC Services; (3) your ability to access and/or use EC Services; or (4) the amount or type of any payment, fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for EC Services.
BHVR reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a subscription to an EC Service. You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with EC Services must be settled before you establish a new BHVR Account.
After you cancelled your Account, or termination of your Account pursuant to these Terms of Service, BHVR has the right to delete all your account information and content.
IV. Charges & Billing
BHVR reserves the right to change its prices, fees, or billing methods at any time.
BHVR is taking preorders related to its game “Eternal Crusade” (“Game”). You may select one or more of the packages offered on the Website and pay the indicated amount(s) in accordance with the following terms agreed between you and BHVR:
- Your payment is a deposit to be used for (a) the production and delivery cost for the package (“Package Cost”), and (b) the development and production cost of the Game, including the Website cost, and BHVR’s corporate expenses associated with the foregoing (the “Game Cost”).
- The deposit shall be earned by BHVR and become non-refundable to the extent that it is used for the Package Cost and the Game Cost, with your deposit being applied as follows: first to the Package Cost, and then to the Game Cost in a percentage equal to the total applied Game Cost in relation to the total deposits of all contributors remaining after the Package Cost.
- BHVR agrees to use its good faith business efforts to deliver to you the packages and the Game on or before the estimated delivery date. However, you acknowledge and agree that delivery as of such date is not a promise by BHVR since unforeseen events may extend the development and/or production time. Accordingly, you agree that any unearned portion of the deposit shall not be refundable until and unless BHVR has failed to deliver the pledge items and/or the Game to you within 12 months after the estimated delivery date.
- For the avoidance of doubt, in consideration of BHVR’s good faith efforts to develop, produce, and deliver the Game with the funds raised, you agree that any deposit amounts applied against the Package Cost and the Game Cost as described above shall be non-refundable regardless of whether or not BHVR is able to complete and deliver the Game and/or the pledge items. In the unlikely event that BHVR is not able to deliver the Game and/or the pledge items, BHVR agrees to post an audited cost accounting on its website to fully explain the use of the deposits for the Game Cost and the Pledge Item Cost. In consideration of the promises by BHVR hereunder, you agree to irrevocably waive any claim for refund of any deposit amount that has been used for the Game Cost and Package Cost in accordance with the above.
- Once BHVR has made all items available to you and the Game has been commercially released to the public, all your payments for any EC Services until such time shall become, and any payments thereafter shall be non-refundable in whole or in part.
B. Paid Subscription Services
If you pay a recurring (e.g. monthly) subscription for an EC Service, BHVR will provide you with notice of any changes to the fees or billing methods at least thirty (30) days in advance by posting such changes on the EC Service. You are responsible for reviewing the EC Service to obtain timely notice of such changes. Your continued use of the EC Service thirty (30) days or more after posting of the changes means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but BHVR will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription. If your use of EC Services is subject to use or sales tax, then BHVR may also charge you for any such taxes, in addition to the subscription or other fees.
By agreeing to these Terms of Service and purchasing a recurring subscription, you will have agreed to permit BHVR to automatically renew your subscription to an EC Service by charging a valid credit card number which you have provided to BHVR. Your subscription will be automatically renewed thirty (30) days prior to the expiration of the term and each anniversary thereafter for a fee no greater than BHVR’s then-current price, excluding any promotional and discount pricing, unless you cancel your subscription.
For some EC Services, BHVR may offer a free trial subscription. If you accept a free trial subscription, BHVR will begin to bill your Account for that EC Service when the free trial subscription expires, unless you cancel your subscription before that time. You are always responsible for any Internet service provider, telephone, wireless and other connection fees that you may incur when using EC Services, even when we offer a free trial subscription. Trial subscriptions are not transferable.
C. Payment Options and Information
You may make payment using the methods available for the particular EC Service and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by EC Service. When you provide credit card or other payment information to BHVR, you represent to BHVR that you are the authorized user of the credit card or other payment method.
You must provide current, complete, and accurate information for your billing account. BHVR does not receive any confidential payment data from its payment providers, and BHVR is not responsible for their performance. You must promptly update all information with the payment provider to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify BHVR if your credit card is canceled (for example, for loss or theft). Changes to such information can be made by contacting customer service at support. Customers who use a payment method other than credit card may incur an additional payment processing fee, and may not be able to automatically renew subscriptions. Any separate charges or obligations that you incur in your dealings with the third party payment providers are your responsibility. BHVR reserves the right to change such payment providers at any time.
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. This means that, unless your Account or payment information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your Account, you will be responsible for all usage and purchases on your Account.
D. Virtual Goods
You agree that BHVR reserves the right to manage, regulate, control, modify and/or eliminate, game elements, including but not limited to heroes, weapons, items such as “character customization”, points, and credits (collectively, “Virtual Goods”) therein. All Virtual Goods remain the property of BHVR. You acknowledge that BHVR may, in its sole discretion, in any general or specific case, modify features, functions or abilities of any element of its games or any Virtual Goods (which may, among other things, make the Virtual Goods substantially more valuable, effective or functional, or less valuable, effective or functional, more common or less common, or eliminated entirely). You acknowledge and agree that all Virtual Goods represent a limited license right governed by the EC Terms, and are not redeemable for any sum of money or monetary value from BHVR at any time.
E. Authentication Key
The Authentication Key that accompanies the Game can only be used once, and will connect a Game license to the Account under which it is registered. The transferability of your license to a Game is governed by the Game EULA; provided, however, that any transfer of the Game shall have no impact on the Account registered to you, and that Account shall not transfer with the Game.
F. Fees Charged By Third-Party Websites and Vendors
We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any fee that you may pay to BHVR. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.
V. Intellectual Property
“Content” as used herein includes (1) software, software updates or patches, or other utilities and tools from BHVR or its licensors (“BHVR Software”) and (2) other software, technology, text and audio visual material, the design and appearance of the Website. The foregoing includes, without limitation, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, story lines, dialogue, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, character likenesses, user Accounts, and methods of operation. Content is provided by BHVR and its licensors, and may also be contributed as User Content (see Section V.D below) by you or third parties, including other users of EC Services.
BHVR reserves the right to remove any Content that is objectionable to us for any reason. The decision to remove Content is in BHVR’s sole and final discretion. To the maximum extent permitted by applicable law, BHVR does not assume any responsibility or liability for User Content, or for any failure to or delay in removing such Content.
B. BHVR Ownership
Content on EC Services is owned by BHVR or BHVR’s third party licensors and is protected by UK and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from an EC Service unless our terms expressly authorize you to do so. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Content. BHVR reserves all rights in BHVR owned and licensed Content that are not expressly granted to you in EC Terms. You acknowledge that BHVR and/or third-party content providers remain the owners of all materials posted on the Website and in the Game, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
Making unauthorized copies of Content found on EC Services may result in the termination of your Account(s), prohibition on use of EC Services, and further legal action. Content owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless BHVR from any unauthorized or illegal conduct by you, or through the use of your Account, on EC Services.
C. Limited Use License
EC Services may require or allow you to download BHVR Software. In such cases, BHVR grants to you a non-exclusive, limited license to use BHVR Software solely for the purpose stated by BHVR at the time the BHVR Software is made available to you. If an End User License Agreement is provided with the BHVR Software, your use of the BHVR Software is subject to the terms of that license agreement in addition to these Terms of Service. You may not sub-license, or charge others to use or access BHVR Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from BHVR Software. You may not modify BHVR Software or use it in any way not expressly authorized in writing by BHVR. You understand that BHVR’s introduction of various technologies may not be consistent across all platforms and that the performance of BHVR Software and related EC Services may vary depending on your computer and other equipment.
From time to time, BHVR may provide you with updates or modifications to BHVR Software. You understand that certain updates and modifications may be required in order to continue the use of BHVR Software and EC Services.
D. User Content
In exchange for BHVR enabling your contribution of User Content (as defined in Section III. B. above), when you contribute User Content to a EC Service, you expressly grant to BHVR a non-exclusive, perpetual, royalty-free, worldwide, complete and irrevocable right to quote, re-post, use, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the User Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant BHVR all licenses, consents and clearances to enable BHVR to use such User Content for such purposes. You waive, and agree not to assert any droit moral or similar rights you may have in such User Content.
If the EC Service on which you contribute User Content permits other users to access and use that contributed User Content as part of the EC Service, than you also grant all other users of the relevant EC Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your contributed User Content on or through the relevant EC Service without further notice, attribution or compensation to you.
BHVR respects the intellectual property rights of others. You must have the legal right to upload Content to EC Services. You may not upload or post any User Content on EC Services that is protected by copyright, trademark or other intellectual property rights unless (i) you are the owner of all of those rights; or (ii) you have the prior written consent of the owner(s) of those rights to make such use of that User Content. BHVR may, without prior notice to you and in its sole judgment, remove User Content that, in BHVR’s good faith judgment to be exercised in its sole discretion, may infringe the intellectual property rights of a third party. If you are a repeat infringer of BHVR’s or a third party’s intellectual property rights, BHVR may terminate your Account without notice to you with the consequences set forth in Section III.D above.
BHVR does not pre-screen all User Content and does not endorse or approve any User Content that you and other users may contribute to EC Services. You are solely responsible for your User Content and may be held liable for User Content that you post. You bear the entire risk of the completeness, accuracy or usefulness of any User Content found on the Website or other EC Services.
E. Unsolicited Creative Submissions
BHVR places a particular value on its interaction with its customers and fans, and the Eternal Crusade community. However, without a prior submission agreement having been executed by the submitting party, neither BHVR nor any of its employees and/or contractors may accept or consider unsolicited ideas, original creative artwork or other works, including, without limitation, ideas or suggestions for new or improved games or technologies, game or product enhancements, marketing plans or names for new games (collectively “Unsolicited Ideas”). Please do not send your Unsolicited Ideas to BHVR or its employees and/or contractors without first contacting support to obtain a copy of the BHVR submission agreement, and returning it signed to BHVR. This policy is aimed at avoiding potential misunderstandings or disputes when BHVR’s products or services might seem similar to Unsolicited Ideas that are submitted. BHVR reserves the right to refuse receipt of any submissions, or the conclusion of a submission agreement with anyone.
If you do submit your Unsolicited Ideas to BHVR or to any of its employees and/or contractors despite this policy, then you hereby acknowledge and agree that, from the time of transmission or dispatch, you grant BHVR, and its designees a worldwide, perpetual, irrevocable, sublicenseable, transferable, assignable, non-exclusive and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import your Unsolicited Ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, giving the Unsolicited Ideas to others, without any compensation to you. To the extent necessary, you agree that you undertake to execute and deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights to use the Unsolicited Ideas granted to BHVR as specified above are valid, effective and enforceable. You also give up any claim that any use by BHVR and/or its licensees of your Unsolicited Ideas violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set for therein.
F. Fan Websites
Solely in connection with your fansite or your fansite pages dedicated to EC Services and/or the Game, we may (in our sole discretion) grant you, on a non-exclusive and non-sublicensable basis, permission to reproduce and redistribute on the fansite to end users, certain EC Services-related images, graphics or artwork (the “BHVR Fansite Content“) and certain BHVR trademarks and logos (the “BHVR Marks“) that BHVR may expressly designate “for fansite use” on the Website (or in separate electronic or written communications to you) so long as you comply with the terms and conditions described herein. You acknowledge and agree that BHVR shall have the right to amend, delete, add to, or otherwise modify any BHVR Fansite Content used or accessed by you, without prior notice.
As the operator of an independent, unaffiliated web site, you will have sole editorial control over the fansite, except that you represent and warrant to BHVR that the fansite will not post material that is illegal or infringes on the rights of third parties or harms the reputation of any EC Service, or BHVR, or its officers or employees. If at any time you post such disparaging material, or material that is illegal or infringes upon the rights of any third party, BHVR may terminate the grant set forth in this Section. Your ownership in the fansite excludes the BHVR Fansite Content and BHVR Marks and excludes any derivative works based upon, or including the BHVR Fansite Content and/or BHVR Marks. The fansite is not a joint, collective or collaborative work under any applicable laws. You agree to include BHVR’s trademark, copyright or other proprietary rights notices, as provided on the Website, when displaying BHVR Fansite Content or BHVR Marks, and agree to comply with usage guidelines that may be provided by BHVR from time to time. You shall not remove or alter any identifying information or copyright management information conveyed in connection with copies of BHVR Fansite Content or BHVR Marks, including in digital form; nor challenge BHVR’s or its licensors’ ownership of the BHVR Fansite Content or BHVR Marks, nor use or adopt any trademarks that might be confusingly similar to such BHVR Marks.
BHVR reserves all rights, title and interest in and to the BHVR Fansite Content and BHVR Marks which are not expressly granted herein. You shall not rent, lease, reproduce, modify, translate or create derivative works of the BHVR Fansite Content except as expressly permitted herein, nor create any derivative works (including without limitation fiction or visual art) from, or in any way exploit, any of the heroes, weapons, other Content contained in the Game or on the Website, without the express written permission of BHVR. BHVR does not consent to the protection under the copyright law of any unauthorized derivative work. The creation and sale of merchandise based on the Game, the Website, or upon BHVR Fansite Content or BHVR Marks is expressly prohibited.
If you intend to charge a subscription or access fee to generate revenue from the fansite, we would require you to execute a license agreement with us. The limited permission granted herein with respect to fansite use of certain BHVR Fansite Content and BHVR Marks does not cover such circumstances.
Under no circumstances will BHVR be liable to you for any direct, indirect, incidental, consequential, special or exemplary damages, including lost profit or lost revenues, of any kind in connection with this permission. BHVR reserves the right in its sole discretion to expressly refuse this permission to any particular fansite, or to revoke this permission at any time.
G. Interviews and Filming at Events
BHVR may elect to record or film interviews with you and to create other audio-visual material depicting you during events organized by BHVR (“BHVR Event”), either separately or during trade shows, conventions, and similar events. You hereby consent that BHVR may use your likeness and voice on such audio-visual materials for documentary, marketing, and advertising purposes in any and all media now known or hereafter devised in perpetuity throughout the universe, without any compensation due to you. If you do not wish to grant such permission, please do not participate in the BHVR Events and decline to be interviewed.
VI. Special Terms: Beta Testing
In its sole discretion, BHVR may contact you to review and evaluate the Game, aspects or modules of the Game, or online features as part of, or prior to a wider Alpha test, Beta test, or commercial release thereof (hereafter “Pre-Release Games”) for the purpose of identifying program errors. You will be asked to provide to BHVR (and to BHVR only) certain feedback and suggestions regarding your experiences while reviewing and evaluating the Pre-Release Games. This process is referred to herein as a “Pre-Release Test.” If it is a closed Pre-Release Test, BHVR may ask you to enter into a Pre-Release Software Confidentiality Agreement (“Confidentiality Agreement”) for each specific Pre-Release Test BEFORE you are allowed to be a tester (“Tester”) and BEFORE any software is provided or made accessible to you. In such case, your participation as a Tester is subject to the Confidentiality Agreement, in addition to the following terms and conditions which apply to all Pre-Release Tests.
In connection with the Pre-Release Test, BHVR may provide you, on a temporary basis, Pre-Release Games, as well as confidential and proprietary information (collectively, “Pre-Release Materials”). You understand and agree that the Pre-Release Materials are confidential or proprietary information of BHVR. You agree as a condition of participating in a Pre-Release Test to (I) not copy or reproduce the Pre-Release Materials, (ii) safeguard the Pre-Release Materials and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the Pre-Release Materials, and (iii) if applicable, fully comply with the terms and conditions of the Confidentiality Agreement.
You will carry out the testing personally and not provide access to Pre-Release Materials to any other person. You agree that breach of the above obligations will cause irreparable harm to BHVR, and BHVR is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the Pre-Release Materials confidential will continue until BHVR publicly distributes, or has otherwise disclosed to the public through no fault of yours, the Pre-Release Materials and the Content that you are testing.
Upon request, you agree to immediately delete all copies of the Pre-Release Material which BHVR provided to you.
As a Tester, you are invited to play Pre-Release Games for the sole purpose of evaluating the Pre-Release Games and identifying errors. Nothing in these Terms of Service or any other EC Terms shall be construed as granting you any rights or privileges of any kind with respect to the Pre-Release Materials or other Content. The Pre-Release Games are provided for testing on an “as is” and “as available” basis and BHVR makes no warranty to you of any kind, express or implied.
By selecting a “Play” button to start a Pre-Release Game, you agree that: (I) playing Pre-Release Games is at your own risk and you know that the Pre-Release Games may include known or unknown bugs, (ii) any value or status indicators that you achieve through game play may be erased at any time, (iii) BHVR has no obligation to make these Pre-Release Games available for play with or without charge for any period of time, nor to make them available at all, (iv) BHVR ‘s Terms of Service apply to your use of the Pre-Release Games during the testing phase, and (v) if it is a closed Pre-Release Test, you will keep all information about the Pre-Release Materials confidential as stated above and not disclose such information to any other person.
Pre-Release Test accounts are non-transferable under any circumstances.
VII. Disclaimers & Indemnification
This Section shall survive termination of this Terms of Service agreement.
A. Limitations on Warranty & Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE GAME, THE WEBSITE, OR ANY OTHER EC SERVICES, BHVR SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. EC SERVICES, BHVR SOFTWARE, BHVR’S PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE“ BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSOR IMPLIED, UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW. BHVR PROVIDES EC SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT YOU WILL BE ABLE TO ACCESS OR USE EC SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT BHVR WILL HAVE ADEQUATE CAPACITY FOR EC SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA OR THAT THE EC SERVICES WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE EC SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE WEBSITE, IS AT YOUR SOLE RISK TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BHVR OR ITS LICENSORS IS TO STOP USING EC SERVICES, AND TO CANCEL YOUR BHVR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT BHVR, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON ANY EC SERVICES OR USE OF BHVR SOFTWARE. IN NO CASE SHALL BHVR OR ITS LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “BHVR AFFILIATES“) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO BHVR FOR EC SERVICES. IN NO CASE SHALL BHVR OR BHVR AFFILIATES BE LIABLE FOR DIRECT, GENERAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUES, ARISING FROM YOUR USE OF EC SERVICES, BHVR SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF EC SERVICES OR ACCOUNTS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, BHVR’S AND BHVR AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. BHVR DOES NOT ENDORSE, WARRANTOR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH BHVR AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Upon BHVR’s request, you agree to defend, indemnify and hold harmless BHVR and its affiliates, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of these Terms of Service, or any other EC Terms, for which you are responsible or in connection with your distribution of any Content on or through EC Services. Without limiting the generality of the foregoing, you agree to indemnify and hold BHVR harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of EC Services and for all of your communication and activity on EC Services, including any User Content you contribute, and that you will indemnify and hold harmless BHVR, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on EC Services, including any User Content that you contribute.
BHVR reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to BHVR in that matter.
C. Updates: Possible Setbacks and Loss of Data
IMPORTANT: BHVR MAY FIND IT NECESSARY TO MAKE UPDATES, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF EC SERVICES. THESE UPDATES OR “RESETS” MAY CAUSE YOU SETBACKS WITHIN THE GAME AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. BHVR RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
D. Links to Third-Party Websites
EC Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. BHVR does not control such web sites, and it is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.
E. Other Disclaimers
Please refer to the following Sections of this Agreement regarding other important disclaimers: III.D, III.E, IV.D., V.E.
VIII. Dispute Resolution
A. Equitable Remedies
You hereby acknowledge and agree that BHVR would suffer irreparable harm if these Terms of Service or any of the EC Terms were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that BHVR shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of these Terms of Service or any other EC Terms. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this Terms of Service or the EC Terms and consistent with the terms of this Section, the prevailing party in such action or proceeding shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party as the result of the action or proceeding.
B. Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy or claim related to the Terms of Service or any other EC Terms (“Dispute”), you and BHVR agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. BHVR will send its notice to your billing address (if provided) and email you a copy to the email address you have provided to us. You agree to send your notice to Behaviour Digital Inc., 416 Maisonneuve West, Suite 600 Montreal, Quebec, H3A 1L2 Canada, Attn: Legal Department with a copy via email to support.
C. Formal Dispute Resolution
If you and BHVR are unable to resolve a Dispute through informal negotiations, either you or BHVR may elect to have the Dispute finally and exclusively resolved by the courts of the Province of Quebec.
This Agreement (and all subsequent modifications, if any) shall remain effective until terminated. Both you and BHVR may terminate this Agreement at any time for any reason or for no reason. Termination by BHVR will be effective upon notice to you, termination or deletion of your Account, or its decision to permanently discontinue offering and/or supporting the Game, which it may do at any time in its sole discretion. You may terminate this Agreement (and consequently, your Account) at any time by notifying BHVR at support. Upon termination of this Agreement, your right to use the EC Services shall immediately cease. The following provisions shall survive any termination of this Agreement: Sections IV; V.A, B, D, and E; VII. ,VIII, and X.
X. General Terms
If any part of these Terms of Service or the EC Terms is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of BHVR, and the remaining portions shall remain in full force and effect.
BHVR may assign these Terms of Service, in whole or in part, to any person or entity at any time with or without your consent. You may not assign these Terms of Service without BHVR’s prior written consent, and any unauthorized assignment by you shall be null and void.
The failure of BHVR to exercise or enforce any right or provision of these Terms of Service or any EC Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by BHVR of any provision, condition or requirement of these Terms of Service or any EC Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
E. Force Majeure
BHVR shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of BHVR, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond BHVR’s control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
F. Governing Law
The laws of Quebec, excluding its conflicts-of-law rules, govern these Terms of Service, any other EC Terms, and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with BHVR or relating in any way to these Terms of Service, any other EC Terms, your Account(s), or your use of any EC Services resides in the Courts of the Province of Quebec, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Province of Quebec in connection with any such dispute including any claim involving BHVR or its affiliates, employees, contractors, officers, directors, vendors and content providers. As noted in these Terms of Service, your conduct may also be subject to other local, state, national, and international laws.
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Those who choose to access the Service from locations outside of Canada do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. Should a court of competent jurisdiction determine that other laws apply, these TOU shall be enforced to the fullest extent permitted by the laws of the applicable jurisdiction and be interpreted to give maximum effect to the terms and conditions hereof.
G. Entire Agreement
I hereby acknowledge that I have read and understand the foregoing Terms of Service and agree that by clicking “Accept” I am acknowledging my agreement to be bound by the terms and conditions of these Terms of Service.