Blood Toll Terms
BLOOD TOLL TERMS OF USE AGREEMENT
PLEASE READ THIS DOCUMENT CAREFULLY.
IT SIGNIFICANTLY ALTERS YOUR LEGAL RIGHTS AND REMEDIES.
PLEASE PRINT THIS DOCUMENT AND STORE IT FOR YOUR FUTURE REFERENCE.
This Terms of Use Agreement (the Agreement)
is a legal agreement between Online Tournament Entertainment
Ltd. (we or us) and you
regarding BLOOD TOLL, an online game system in which multiple players compete
against each other (BLOOD TOLL). This Agreement may be modified from time to
time, as set out in Section 32.
1. Account and Password.
(a) You may establish one, and only one, user account (the Account) with which to access and use BLOOD TOLL pursuant to the terms, conditions and restrictions set out in this Agreement.
(b) You must select a unique user name and password (collectively your Password) for your Account. You may not use a Password that is, in our sole discretion, vulgar, offensive, defamatory, obscene, hateful or otherwise unlawful or objectionable. You are solely responsible for keeping your Password confidential and you will take reasonable measures to keep your password secure and confidential.
(c) You may not allow anyone else to access or use your Password or your Account. You are solely responsible and liable for all activity conducted through your Account. If you become aware of or reasonably suspect any security breach, including any loss, theft or unauthorized disclosure or use of your Password, you will immediately report the actual or suspected security breach to us. If you intentionally or unintentionally, directly or indirectly, disclose your Password to another person, and such disclosure results in a third party accessing your Account and participating in Training Games or Money Games (as discussed below), such participation may be held valid, and you will not be refunded any resulting losses regardless of whether the third party had your consent.
(d) You must provide the other information we ask for on our registration form. You agree to provide only true, complete and current information, and you agree to update this information as necessary to keep it true, complete and current.
2. Eligibility. You must meet the following eligibility requirements to establish an Account and access and use BLOOD TOLL, and by accepting this Agreement you represent and warrant that you meet these eligibility requirements:
(a) You must be a natural person of the age of majority in the jurisdiction from which you access BLOOD TOLL to participate in Money Games (as discussed below). Players of any age may establish Accounts and participate in Training Games (as discussed below).
(b) You must not be an officer, director, employee, consultant or agent of Online Tournament Entertainment Ltd., or a spouse, partner, parent, child or sibling of any such person.
3. Payment. You do not have to pay to establish or maintain your Account, or to participate in Training Games (as discussed below). However, you must purchase BLOOD TOLL Credits in order to participate in Money Games (as discussed below).
4. Licence. We grant you a non-exclusive licence (the Licence) to access and use BLOOD TOLL in accordance with the terms and conditions of this Agreement.
5. Game Formats. BLOOD TOLL involves different game modes, each with its own rules of play and criteria for winning. You agree to be bound by the applicable rules for each game mode, as amended from time to time, which apply to each BLOOD TOLL game you play.
6. Training Credits and BLOOD TOLL Credits. Your Account will contain a balance of Training Credits and BLOOD TOLL Credits (the Account Balance):
(a) Training Credits are used to participate in Training Games Training Credits do not have to be purchased, and cannot be cashed in for money. You will receive 5,000 Training Credits when you establish your Account, and you can obtain additional Training Credits from us at any time if you have fewer than 500 Training Credits in your Account Balance.
(b) BLOOD TOLL Credits are used to participate in Money Games. You only receive BLOOD TOLL Credits if you purchase them from us, at the prices we set from time to time. To purchase BLOOD TOLL Credits, you must pay funds to us by any of the methods we may specify from time to time. All payments to and from your Account must be paid in US dollars, and must be to and from payment sources on which you are the named account holder. The BLOOD TOLL Credits will be deposited into your Account and added to your Account Balance upon our receipt of the funds. You may cash out some or all of your BLOOD TOLL Credits for money at any time as set out in section 8. We will collect a service fee of $0.25 plus 3% of the value of the credits every time you purchase BLOOD TOLL Credits. Applicable taxes are also applied to your purchase of BLOOD TOLL Credits.
7. Training Games and Money Games. BLOOD TOLL games can be either Training Games or Money Games:
(a) Training Games involve Training Credits. You must spend Training Credits to participate in a Training Game (the amount will depend on the rules of the particular game), and you may receive additional Training Credits based on your performance in Training Games (as specified by the rules of the particular game).
(b) Money Games involve BLOOD TOLL Credits. You must spend BLOOD TOLL Credits to participate in a Money Game (the amount will depend on the rules of the particular game), and you may receive additional BLOOD TOLL Credits based on your performance in Money Games (as specified by the rules of the particular game).
8. Cash Out Transactions. You may request a Cash Out through your Account at any time by specifying the number of BLOOD TOLL Credits in your Account that you wish to convert to money. All Cash Out requests and payments are subject to the following:
(a) We will only process Cash Out requests for amounts equivalent to $5 or greater.
(b) We will withhold service fees $3.00 for each Cash Out transaction you request.
(c) We will forward a cheque in US funds for the net Cash Out amount within 30 days after the end of the calendar month in which you submit the Cash Out request. We will mail the cheque to the mailing address specified in your Account information.
(d) We will have no obligation to pay any Cash Out amounts to you if we determine, in our sole discretion, that you have failed to comply with this Agreement, including without limitations the restrictions set out in Section 13
9. Electronic Payment Providers. To obtain BLOOD TOLL Credits and to receive Cash Out payments, you will be required to send money to and receive money from us. We may use third-party electronic payment processors and/or financial institutions (EPPs) to process such financial transactions. You irrevocably authorize us, as necessary, to instruct EPPs to handle BLOOD TOLL Credit purchases and Cash Out payments, and you irrevocably agree that we may give such instructions on your behalf in accordance with your requests as submitted using the relevant features of your Account. You agree to be bound by the terms and conditions of use of each applicable EPP; in the event of a conflict between this Agreement and the EPPs terms and conditions, this Agreement will prevail.
10. Inactive and Abandoned Accounts. If you do not access your Account by logging on to your Account with your Password and participating in Training Games or Money Games for any period of 180 consecutive calendar days, your Account will be deemed Inactive. We may, in our sole discretion, suspend or terminate Inactive accounts.
11. Termination. Without prejudice to any of our rights under this Agreement or at law or equity, we may terminate this Agreement, your Account and your access to BLOOD TOLL immediately if you fail to comply with any of the terms or conditions in this Agreement.
12. Effect of Termination. Upon termination of your Account and the Licence:
(a) you will immediately cease all use of BLOOD TOLL;
(b) we may delete all of your data from BLOOD TOLL and from your Account within 60 days after termination; and
(c) if we terminate the Licence or your Account pursuant to Sections 10, 11 or 16, your Account Balance is non-refundable and deemed forfeited.
13. Restrictions. When using BLOOD TOLL you must comply with all applicable laws and with all of our policies and rules, as updated from time-to-time. In particular, but without limiting the foregoing, you must not:
(a) hack, reverse engineer, disable, disrupt or interfere with the functioning of BLOOD TOLL, or modify BLOOD TOLL in any way;
(b) upload or transmit to us or any other player anything that (if reproduced, published, transmitted or used) may be defamatory, threatening, abusive, obscene, pornographic, harmful or invasive of anyones privacy, may violate any law including intellectual property, privacy or other laws, or may give rise to civil or other liability;
(c) upload to or transmit to us or any other player any data, file or software that contains a virus, Trojan horse, worm or other harmful component;
(d) use BLOOD TOLL for spamming, other advertising, or other bulk message transmission;
(f) use abusive or offensive language during any BLOOD TOLL game or on any of our forums, chat rooms, or web sites;
(g) allow any third party to use or access your BLOOD TOLL account without our prior written consent.
In addition to any other available remedies, we may suspend or terminate your access to BLOOD TOLL upon breach of any of the above obligations.
15. Inappropriate Language and Behaviour. BLOOD TOLL players are able to communicate with each other through on-line forums and in-game chat features. You should always use your best judgment when communicating with other BLOOD TOLL players - if you would not say something in a room of people you have just met, or in the work place, you should not post it on a BLOOD TOLL forum or in-game chat. Abusive or offensive language or behaviour is prohibited from BLOOD TOLL. Strong vulgar language, crude or explicit sexual references, and hate speech are always inappropriate. We, or our representatives, may monitor, modify, and/or delete communications on BLOOD TOLL. However, we cannot monitor all of the communications or content on BLOOD TOLL, and we do not attempt to do so. We do not endorse, approve or prescreen any content that you or other users communicate on BLOOD TOLL, and we do not assume any responsibility or liability for content that is generated by BLOOD TOLL users. We reserve the right to remove content that we determine, in our sole discretion, is objectionable for any reason. We do not assume any liability for any failure to remove, or delay in removing, any content.
16. Security Review. We reserve the right to conduct a security review at any time to validate your identity, age, the registration data you have provided, and your financial transactions, for potential breach of this Agreement and of applicable law. You hereby authorize us and our agents to make any inquiries of you, and to use and disclose to any third party any information, we consider necessary to validate the information you have provided or are required to provide to us under this Agreement. To assist in these security reviews, you agree to provide such information or documentation as we may request from time to time in our sole discretion. If, after conducting a security review, we determine in our sole discretion that you have not complied with this Agreement, or that you have not provided timely satisfactory responses to inquiries made in the security review, we may terminate or suspend your Account.
17. Cheat Detection. We reserve the right to obtain certain information from your computer and its component parts, including random access memory, video card, central processing unit and storage devices, to police and prevent the use of cheats, mods, hacks, or any other performance-enhancing software or hardware. We will use this information only for the purpose of identifying cheaters, and for no other purpose.
18. Your Privacy Consent. You consent to our collection, use and disclosure of your name, contact information and other personal information to the extent necessary or desirable for us to communicate with you, manage your Account with us, monitor your compliance with this Agreement, and manage any BLOOD TOLL games or tournaments. We may use aggregate, non-identifiable information about BLOOD TOLL players for promotional and advertising purposes. We do not sell your personal information to third parties. If we suspect you of fraudulent or other criminal activities, we may disclose your personal information to the police or other authorities. We will not otherwise disclose your personal information except as permitted or required by law.
19. Your Responsibilities. You are solely responsible for obtaining all computer equipment and Internet connections required to access and use BLOOD TOLL, at your sole expense. Your Internet connection must be sufficiently fast to access and use BLOOD TOLL without impairing other players access and use, and we may suspend or terminate your Account if your Internet connection is insufficient for these purposes, as determined by us in our sole discretion. We do not guarantee that BLOOD TOLL will not conflict with other programs on your computer, and we will not be responsible for the workings or failures of your computer equipment, network, software or Internet access. The performance and proper functioning of BLOOD TOLL may be reduced or prevented if you are using other software simultaneously with BLOOD TOLL, and we recommend that you turn off any such programs when using BLOOD TOLL.
20. Your Data. We own all data that you enter into BLOOD TOLL. We may manipulate, format, display, transmit and otherwise use your data as necessary for the normal functioning of BLOOD TOLL.
21. Intellectual property. As between you and us, we own all right, title and interest in BLOOD TOLL, the graphical design of the user interface, the look-and-feel of the user interface, all modifications, customizations and additions thereto, and all intellectual property rights therein. Our names and logos are our trade-marks and you must not use any of them without our consent.
22. Materials. You may download information, images, artwork, text, video, audio, pictures and other materials from BLOOD TOLL to the extent necessary to use BLOOD TOLL for the purposes of this Agreement. However, you must not otherwise copy, reproduce, republish, post, transmit, display, perform, distribute, modify or create any derivative work from any of those materials or any other portion of BLOOD TOLL without our prior written approval.
23. Accuracy. The data provided on or through BLOOD TOLL might be inaccurate or incorrect.
24. Interruptions and Errors. Your use of BLOOD TOLL might be interrupted and will not be free of errors.
25. Game Data. BLOOD TOLL requires the creation and retention of electronic files, including players profiles, statistics, Training Credits, and BLOOD TOLL Credits (collectively, Game Data), which we store. Keeping Game Data is a priority to us, but we are not liable for the loss of any Game Data for any reason.
26. Downtime. The online portions of BLOOD TOLL may be unavailable from time-to-time due to routine maintenance, upgrades, hardware and software malfunctions, repairs, power outages, hackers, denial of service attacks and unforeseeably large service demands. Where reasonably possible we will give you prior notice of any scheduled service interruptions.
27. Modifications. From time to time, we may in our sole discretion add new features to BLOOD TOLL, remove existing features from BLOOD TOLL, or otherwise modify or change BLOOD TOLL (including its functionality, visual design, look-and-feel, universal resource locators and software components).
28. Disclaimer. BLOOD TOLL IS PROVIDED AS IS AND AS AVAILABLE. WE DISCLAIM all TERMS, conditions, GUARANTEES, representations and warranties (express, implied, statutory AND otherwise), in respect OF BLOOD TOLL, including THOSE of merchantability, NON-INFRINGEMENT, title, quality And fitness for a particular purpose. WE DO NOT WARRANT THAT BLOOD TOLL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT BLOOD TOLL WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CONTENT.
29. Limitation of Liability. YOU USE BLOOD TOLL AT YOUR OWN RISK. WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS SUFFERED IN CONNECTION TO THE USE OF, OR INABILITY TO USE, BLOOD TOLL. WITHOUT LIMITING THE PREVIOUS SENTENCE, WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS, INJURY OR DAMAGE AND EVEN IF THAT LOSS, INJURY OR DAMAGE IS FORESEEABLE. FURTHER, WE WILL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO YOUR ACCOUNT OR ACCOUNT BALANCE.
30. Maximum Liability. IF, DESPITE THE ABOVE LIMITATIONS, WE BECOME LIABLE TO YOU IN RESPECT OF BLOOD TOLL, THAT LIABILITY WILL BE LIMITED TO THE SMALLER OF THE FEES YOU PAID TO US FOR YOUR USE OF BLOOD TOLL IN THE 3 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR $500.
31. Indemnity. YOU WILL INDEMNIFY US AND HOLD US HARMLESS FROM AND AGAINST ALL DAMAGES, INJURIES, LIABILITIES, COSTS, EXPENSES AND LEGAL FEES THAT WE MAY INCUR IN CONNECTION WITH YOUR USE OF BLOOD TOLL OR YOUR BREACH OF ANY OBLIGATION IN THIS AGREEMENT.
32. Changes to Terms of Use. We reserve the right, in our sole discretion, to amend, this Agreement (including applicable fees and service charges) at any time and from time to time. We will notify you of updates to this Agreement by sending messages to the email address you have provided. We will also provide notification of any changes on the BLOOD TOLL web site, and will post any revised Terms of Use on that website. We may provide such other notice as we may choose in our sole discretion. Your continued use of your Account and of BLOOD TOLL following notice of changes to this Agreement will mean that you accept any and all such changes. If any change is not acceptable to you, your only recourse is to terminate your Account.
33. Governing law. This Agreement will be governed by and construed in accordance with the laws in effect in British Columbia, Canada. You hereby attorn irrevocably to the exclusive jurisdiction of the British Columbia courts sitting in Vancouver, British Columbia; however, you or we may apply to a court of competent jurisdiction for interim protection or equitable relief such as an interlocutory or interim injunction.
34. General. Waiver: No waiver, delay, or failure to act by us regarding any particular default or omission will prejudice or impair any of our rights or remedies regarding that or any subsequent default or omission that are not expressly waived in writing. Entire Agreement: This Agreement and the Services Agreement supersede all prior agreements of the parties regarding the subject matter of this Agreement and the Services Agreement, and constitute the whole agreement with respect to that subject matter. Assignment and Sublicensing: You may not assign or sublicense this Agreement or any of your rights under this Agreement without our prior written consent, which may be withheld without cause. Enurement: This Agreement will enure to the benefit of and be binding upon the parties and their lawful successors and permitted assigns. Force Majeure: No party will be liable for any non-performance or delay in performance by that party that is due wholly or in part to fire, flood, any act of God, riot, act of war (whether or not declared), terrorism, change in law or any other cause beyond the reasonable control of the party. Currency: All references to monetary amounts in this Agreement will be in United States currency.