Terms of Service
AGREEMENT OF TERMS AND CONDITIONS FOR OUR PRODUCTS
READ THIS CAREFULLY — IT'S A BINDING AGREEMENT THAT AFFECTS YOUR RIGHTS AND OBLIGATIONS. This agreement (the "Agreement") covers all online sales of a license by Brandvoyage ("the Company") to use the "Product." Product means: (a) any and all video games and related software code; (b) documentation, instruction manuals, and user guides for the software; (c) audio and visual characteristics, screen images, plot, characters, "look and feel," and all distinctive art and design features of the games and related software; and/or (d) all other intellectual property of any kind and all rights associated with it, including without limitation copyright, patent, trade secret, trademark, service mark, trade dress, artistic and moral rights, mask rights, character rights, publicity rights, and any other proprietary rights relating to or associated with any video games, related software, or other items sold via the internet and/or any updates or upgrades to the Product. All purchasers and users of the Product are referred to as "you" herein. By using the Product, you represent that (1) you are age 13 or older, (2) you understand and agree to these Terms of Service, and (3) if you are between 13 and 18, your legal guardian has reviewed and agrees to these Terms of Service. This is a legally binding agreement between you and Company. You get a limited license to personally use the Product by paying for it and agreeing to be bound by this Agreement. If you don't follow the terms, you must stop using the Product immediately and delete all related software. The license is effective upon download and ends if you breach this agreement. It's limited to you personally and only for personal gameplay. If you purchase multiple Products, each is bound by this Agreement or whichever agreement was in place at that time, and any change takes effect on the change date. You cannot change this Agreement. Only Company can make changes, and only in writing. Such changes won't materially affect your rights or obligations. Company reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service at any time by posting the amended terms on its website. Continuing to use the Product means you accept such changes. Except as otherwise expressly stated, all amended terms take effect immediately when posted. If you don't agree to any portion of the current Terms of Service or any other Company policy relating to the Product at any point, your license terminates immediately, and you must stop using the Product.
USE OF PRODUCT
You agree that although you acquire a license from Company to personally use the Product, Company owns it and you must follow this agreement. You may make one backup or archival copy of the Product and must include all information with that copy, including this agreement. Don't share, transfer or otherwise deal with the Product in any way. You won't engineer, disassemble, modify, reverse engineer or alter the Product or permit others to do so. You won't loan, rent, lease or otherwise transfer any part of the license or the Product to any party. The following restrictions and rules apply to your use of the Product. As a condition of your use and without limiting other obligations under these Terms of Service, you agree to comply with the restrictions and rules in this section and any additional restrictions in the Product itself. You agree not to: Interfere with or disrupt the Product or servers or networks connected to the Product, or disobey any requirements, procedures, policies or regulations of networks connected to the Product. Interfere with, disrupt or circumvent any security feature of the Product or any feature that restricts or enforces limitations on use of or access to the Product. Use the Product to intentionally or unintentionally violate any applicable local, state, national or international law. Use the Product to harm minors in any way. Use the Product to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate them. Defraud or mislead Company or other users. Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity. Cheat or use, develop or distribute automation software programs ("bots"), "macro" software programs or other "cheat utility" software programs or applications designed to modify the Company experience to the detriment of fair play. You also agree to comply with all applicable laws and other rules regarding online conduct and applicable User Content. You agree to comply with all applicable laws or rules regarding transmission of technical data exported from Canada or your country of residence. Don't use the Product or any portion of it to commit actions that Company considers, in its sole discretion, detrimental to the Product or any user's enjoyment of it. Company reserves the right to determine what conduct violates the rules of use or falls outside the spirit of these Terms of Service or the Product itself and to take action as a result, which may include exclusion from further participation. You're responsible for any fees, including data, access, and usage fees charged by an internet provider or mobile carrier, that you incur when accessing the Product.
PAYMENT & WARRANTY
You will promptly pay all amounts Company charges you for the license and won't dispute any such payment except that the Product isn't performing as intended by Company within seven days of the license date. Any such claim will only be made after Company has had the opportunity to address the issue. ALL CLAIMS FOR REFUND MUST BE MADE WITHIN SEVEN DAYS OF ACQUIRING THE LICENSE. YOU AGREE THAT ALL SALES ARE FINAL AND NON-REFUNDABLE, UNLESS COMPANY OR THE APPLICABLE THIRD PARTY PLATFORM DECIDES IN ITS SOLE AND ABSOLUTE DISCRETION TO PROVIDE A REFUND WITHIN THE SEVEN DAY PERIOD. AFTER SEVEN DAYS FROM ACQUIRING THE LICENSE, YOU WON'T BE ENTITLED TO A REFUND BUT COMPANY WILL CONTINUE TO PROVIDE ASSISTANCE AND SUPPORT THROUGH ITS CUSTOMER SUPPORT SERVICE CENTRE.
VIRTUAL CURRENCY AND VIRTUAL GOODS
The Product may include virtual currency, such as coins, gems, tokens or similar items that you can earn or obtain through the Product or purchase with legal tender or actual currency, subject to applicable law ("Virtual Currency"). The Product may also include virtual digital items such as commodities, abilities or other goods that you can earn or obtain through the Product or purchase with legal tender, actual currency, or Virtual Currency, subject to applicable law ("Virtual Goods"). Company reserves the absolute right, at any time and at its sole discretion, to manage, regulate, control, modify or eliminate Virtual Currency and/or Virtual Goods. Company has no liability to you or any third party if Company exercises any such rights. You have no right, title or interest in any Virtual Goods or Virtual Currency appearing or originating in the Product except this: You get a limited, personal, nontransferable, non-sublicensable, revocable license to use Virtual Goods and Virtual Currency that you've earned, purchased or otherwise obtained in a manner authorized by Company, solely within the Product. You agree that transferring Virtual Currency and Virtual Goods is prohibited except where expressly authorized by the Product. Outside of the Product, you won't sell, redeem or otherwise transfer Virtual Currency or Virtual Goods to Company, any other user or any other party. All sales of Virtual Currency and Virtual Goods are final and non-refundable unless Company or the applicable third party platform decides in its sole and absolute discretion to provide a refund. If these Terms of Service, your license, or the Product terminates for any reason, including Company's discontinuance of the applicable portion of the Product, you forfeit all Virtual Currency and Virtual Goods and Company has no liability to you in connection with that forfeiture.
USER CONTENT
The Product may invite or enable you and other users to create, submit, record, post, display, transmit, perform, publish or distribute communications (including but not limited to voice communications), content and materials (including text, writings, photographics, graphics, images, comments, personally identifiable information, etc.). This includes making content available to Company and other users via email, online forums, message boards, messaging services, blogs, or other functionality of the Product (collectively, the "User Content"). Company has no obligation to accept, display, review, maintain or otherwise use any User Content. All User Content available in connection with the Product is the sole responsibility of the person who originated it. Company doesn't have to pre-screen, review, examine, evaluate or otherwise monitor User Content for accuracy, validity, legality, decency, integrity or any other quality. Company makes no warranties or guarantees with respect to User Content. Using the Product is at your own risk and you may be exposed to User Content that is indecent, offensive, objectionable or that doesn't meet your needs. You bear all risks associated with using any User Content available in connection with the Product. Company isn't liable in any way for any User Content made available via the Product, including any errors or omissions in it, or any loss or damage incurred as a result of using it. Company reserves the right in its sole discretion to pre-screen, review, monitor, refuse, remove, censor, edit, alter, delete, disable access to or otherwise make unavailable any User Content (including content generated by you) without notice for any reason, including violation of these Terms of Service, or for no reason, at any time. You can bring User Content you believe violates the Terms of Service or other inappropriate behaviour to Company's attention. User Content you make available in connection with the Product is referred to as "Your Content." Your Content is not confidential and won't be returned to you. You represent and warrant that Your Content is original to you and that you exclusively own the rights to it, including the right to grant all rights and licenses in these Terms of Service without Company incurring any third party obligations or liability. Company doesn't claim any ownership rights in Your Content and nothing in these Terms of Service restricts any rights you may have to use and exploit Your Content. Company has no obligation to monitor or enforce your intellectual property rights in Your Content. You grant to Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sub-license), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit Your Content via the Product or any other means for any purpose. You also grant Company the right to sublicense and authorize others to exercise any of the rights granted under these Terms of Service. You irrevocably grant Company the unconditional right to use and exploit your name, voice, persona and likeness included in any User Content and in connection with it, 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 Content, regardless of whether it's altered or changed in a manner not agreeable to you.
COMPANY REPRESENTATIONS
YOU EXPRESSLY AGREE THAT USING THE PRODUCT IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER COMPANY NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY THE "COMPANY PARTIES") WARRANT THAT (A) THE PRODUCT WILL MEET YOUR REQUIREMENTS OR THAT THE PRODUCT MATERIALS OR USER CONTENT WILL BE VIEWABLE TO YOU OR (B) THE PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED. UNDER THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER 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 PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO COMPANY IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID COMPANY ANY SUCH AMOUNTS IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH COMPANY IS TO STOP USING THE PRODUCT. Some jurisdictions don't allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Company or the Company Parties may not, as a matter of applicable law, disclaim any warranty or limit liability as set forth herein, the scope and duration of such warranty and the extent of Company's and such Company Parties' liability shall be the minimum permitted under applicable law.
TERMINATION
Company may terminate these Terms of Service and your access to the Product (or, at Company's sole discretion, applicable portions of the Product) at any time and for any reason. Company may also notify authorities or take any actions it deems appropriate (including your access to the Product), without notice to you if Company suspects or determines that you have (i) failed to comply with any provision of these Terms of Service or any policies or rules established by Company; or (ii) engaged in actions relating to or in the course of using the Product that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Company, any third parties or the Product itself. As a result of termination, you may lose any and all data and information associated with your use of the Product, including your user names, avatars, characters and achievements, Virtual Currency and Virtual Goods. You won't be entitled to and Company won't be liable to you or any third party for any refund, reimbursement or other liability as a result of any termination permitted under these Terms of Service for any reason, whether by you or Company. Company reserves the right to refuse to provide the Product to any individual. These Terms of Service remain effective until terminated. You agree that these Terms of Service survive the termination of these Terms of Service or the Product.
DISPUTES WITH OTHERS
Company reserves the right, but has no obligation, to monitor and manage disputes between you and other users of the Product. You're solely responsible for your interaction with other users and other parties you contact through the Product. You'll cooperate fully with Company to investigate any suspected unlawful, fraudulent or improper activity. Company disclaims any and all liability to you or any third party relating to any dispute between you and other users of the Product.
THIRD PARTY WEBSITES
The Product may contain links to third party websites or resources. You acknowledge and agree that Company isn't responsible or liable for: (i) the availability or accuracy of such websites or resources, or (ii) the content, products or services on or available from such websites or resources. Links to such websites don't imply any endorsement by Company of them or the content, products, or services available from them. You assume sole responsibility for and all risk arising from your use of any such websites or resources. Company may remove any links at any time for any reason or for no reason.
GOVERNING LAW
This Agreement is governed by the laws of the Province of New Brunswick and the laws of Canada applicable therein. The parties irrevocably attorn to the jurisdiction of the courts of the Province of New Brunswick.
SUCCESSORS IN INTEREST
The provisions of this Agreement bind and inure to the benefit of the parties and, as applicable, their heirs, agents, successors, administrators and assigns. You may not assign this Agreement without written approval from Company in advance, which may be unreasonably withheld. Company may assign this Agreement to any party that agrees to be bound by it. Company is released from any liability if it assigns the Agreement and all rights and obligations to a party who assumes them. WAIVER Any waiver of a provision or the breach of a provision of this Agreement isn't effective unless made in writing. Any waiver by Company of a provision or the breach of a provision of this Agreement doesn't operate as or constitute a continuing waiver of the provision or the breach.
SEVERABILITY
If any portion of this Agreement is held to be invalid, it won't affect the validity of the remainder of this Agreement.
ENTIRE AGREEMENT
This Agreement sets forth the entire understanding between the parties with respect to the subject matter.