BUILT GAMES LLC
TERMS OF SERVICE
Effective Date: June 1, 2016
YOU ALSO REPRESENT THAT YOU ARE AGE 13 OR OLDER AND YOU UNDERSTAND AND AGREE TO THESE TERMS OF SERVICE. CHILDREN UNDER 13 MUST HAVE THEIR PARENTS CONSENT TO USE THE SERVICE. IF YOU ARE 17 YEARS OR YOUNGER YOU REPRESENT THAT YOUR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE TERMS.
USE OF THE SERVICE
Your License to Use the Service. Built Games grants you a non-exclusive, non-transferable, non-sub-licensable, revocable limited license subject to the express terms herein to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
Restrictions on your use of the Service. The following restrictions apply to your use of the Service. Built Games reserves the right to determine what conduct it considers to be in violation of these restrictions or otherwise outside the intent of these Terms of Service. Built Games reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service.
You will not:
- Use the Service if you have been previously banned by Built Games;
- Use the Service for commercial purposes;
- Use the Service to advertise, solicit, or transmit any commercial advertisements, such as chain letters, junk or spam e-mail or repetitive messages to anyone;
- Engage in any act that Built Games deems in its sole discretion to be in conflict with the spirit or intent of the Service;
- Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service;
- Disrupt any computer or server used to support the Service;
- Engage in any type of attack, including without limitation distribution of a virus or denial of service attacks upon the Service;
- Attempt to gain unauthorized access to the Service, or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by Built Games;
- Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
- Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
- Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person or group;
- Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service;
- Solicit personal information from other users of the Service or collect or post anyone’s private information in any form through the Service.
Payment of Fees. You agree to pay all fees and applicable taxes, if any, incurred by you or anyone using the Service through your login information. Built Games may revise the pricing for the Services at any time. YOU ACKNOWLEDGE THAT BUILT GAMES IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS, IF ANY, WHEN THE SERVICE IS TERMINATED.
Service Monitoring. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service when you are using the Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning your use of the Service.
Public Forums. The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Built Games cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Built Games will have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
User Generated Content. You are solely responsible for any information that you post on, through or in connection with the Service (“User Content”). User Content may include any communications, images, sounds, and all the material, data, and information that you upload or transmit through the Service. By transmitting User Content while using the Service you agree that such User Content is: (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; and (c) free of viruses, adware, spyware, worms or other malicious code. Built Games may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Built Games violates these Terms of Service.
Virtual Currency and Digital Content. Built Games may offer for purchase virtual coins, chips or other virtual currencies (“Virtual Currency”). By purchasing Virtual Currency you obtain a limited license to access and select from content that Built Games makes available through the Service (“Digital Content”). Virtual Currency has no monetary value and does not constitute real currency or property of any type. Virtual Currency may be redeemed for Digital Content only. Virtual Currency cannot be sold or transferred, and cannot be exchanged for cash or for any other goods and services, except for the Digital Content. Virtual Currency is non-refundable and as such you are not entitled to a refund for any unused Virtual Currency. Built Games does not guarantee that any particular Digital Content item offered as part of this Service will be available at all times or at any given time. Once you have redeemed Virtual Currency for Digital Content, that content is not returnable, exchangeable, or refundable for Virtual Currency or for cash, or any other goods or services. The term of your Virtual Currency and Digital Content license starts when you purchase the Virtual Currency or acquire the Digital Content, and subject to the license grants set forth herein, ends the day that your access to the Service is cancelled, suspended or terminated.
CHANGES TO THE TERMS OF SERVICE
LOGIN INFORMATION AND SECURITY
You may access the Service by registering for the Service with via Facebook Connect (or other authorized network registration tools) (“Login Information”). You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through the Service using your Login Information. The Service will only support only one per game on a supported device for each unique Login Information.
Service. All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using the Service) are owned by Built Games. Built Games reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE SERVICE, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE SEVICE ARE AND WILL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF BUILT GAMES.
User Content. You hereby grant to Built Games an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content, as well as all modified and derivative works thereof in connection with the Service. You further hereby grant to Built Games the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material that is specifically included in any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Except as expressly set forth herein, Built Games does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. Built Games has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
Digital Content. When you acquire Digital Content, you receive a limited license to use Digital Content for your personal non-commercial in connection with the Service. Built Games reserves all right, title and interest in Digital Content and all associated copyrights, trademarks, and other intellectual property rights therein. You may not remove, alter, or obscure any identification, copyright, or other intellectual property notices in the Digital Content.
THIRD PARTY ADVERTISING
See here Appendix A for a non-exclusive list of third parties that may collect data about your online behavior and use of the Service. You are responsible for reviewing the privacy policies of the third parties that may collect information via the Service.
This ad serving technology is integrated into the Service. IF YOU DO NOT WANT TO USE THIS TECHNOLOGY, DO NOT INSTALL OR USE THE SERVICE.
DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. BUILT GAMES DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING, THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATIONS ON LIABILITY
BUILT GAMES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BUILT GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BUILT GAMES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO BUILT GAMES IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO BUILT GAMES DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND BUILT GAMES’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH BUILT GAMES IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Built Games may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Built Games’ liability will be the minimum permitted under such applicable law. NOTHING IN THESE TERMS OF SERVICE WILL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF BUILT GAMES.
You agree to indemnify, defend and hold Built Games harmless from any claim, demand, damages or other loss, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service or any breach by you of these Terms of Service.
If a dispute arises between you and Built Games, we strongly encourage you to first contact us directly to seek a resolution by going to our customer support site at email@example.com.
U.S. RESIDENTS ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION WAIVER. You agree to resolve any claims relating to the Terms of Service or the Services through final and binding arbitration, except as set forth below. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, or any other location we agree to. The AAA rules will govern payment of all arbitration fees. Built Games will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. Either you or Built Games may assert claims, if they qualify, in small claims court in San Diego County, California or any United States county where you live or work. Built Games may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Los Angeles County, California to resolve your claim. You can decline this agreement to arbitrate by sending an email within 30 days of first accepting these Terms of Service to firstname.lastname@example.org clearly stating that you wish to opt out of arbitration with Built Games and include your first and last name and your email address associated with the Service.
If you reside in a Member State of the European Union the laws of England, excluding its conflicts-of-law rules, govern these Terms of Service and your use of the Service, you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service and your use of the Service will be the Courts of England, and you expressly consent to the exercise of personal jurisdiction of such courts.
The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) will not apply to these Terms of Service or to any dispute or transaction arising out of these Terms of Service.
Assignment. Built Games 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 or delegate any rights or obligations under the Terms of Service without Built Games’ prior written consent, and any unauthorized assignment and delegation by you is ineffective.
Supplemental Policies. Built Games may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
No Modifications. Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Built Games will be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Built Games.
Built Games LLC
1125 E. Broadway, #98
Glendale, CA 91205-1315, USA
Attn: Legal Department
Force Majeure. Built Games will not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Built Games, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Built Games’ 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.
Injunctive Relief. You agree that a breach of this License may cause irreparable injury to Built Games for which monetary damages would not be an adequate remedy and in such circumstances Built Games will be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages. YOU HEREBY IRREVOCABLY WAIVE ALL RIGHTS TO SEEK ANY FORM OF INJUNCTIVE OR OTHER EQUITABLE RELIEF RELATED TO YOUR USE OF THE SERVICE AND AGREE TO LIMIT YOUR CLAIMS TO CLAIMS FOR MONETARY DAMAGES AS LIMITED HEREIN.
Export. You agree to abide by U.S. and other applicable export control laws and agree not to transfer the Service to a foreign national or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You certify that you are not a person with whom Built Games is prohibited from transacting business under applicable law.
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