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These Terms of Use apply to all apps published by BDT Digital, LLC, and to the Services www.bdtgaming.com, which is owned is owned and operated by BDT Digital, LLC, a California limited liability company (“BDT”). The apps and Services are referred to herein both individually and collectively as the “Services”.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. THESE TERMS OF USE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BDT. BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE SERVICES.
User Conduct
You expressly agree that you will not use the Services or any other software, app or internet services provided by BDT for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You agree to abide by all applicable local, state, national, and international laws and regulations. Any unauthorized commercial use of the Services, BDT’s servers or internet infrastructure is expressly prohibited. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Services as determined by BDT in its sole discretion.
Privacy
By using the Services, you consent to the terms of BDT’s Privacy Policy, which you understand may be modified from time to time. The Privacy Policy, which can be reached by clicking on this Privacy Policy link, is incorporated into these Terms of Use by reference. You consent to BDT’s use of cookies and similar devices as further described in the Privacy Policy and for the purposes set forth in the Privacy Policy. You further understand and agree that, to the extent that information is collected about you, it will be stored on servers in the United States.
Accounts
You may be required to have an account (an “Account”) to access or participate in the features of the Services. You represent and warrant that all information provided in registering your Account is true and accurate. You do not own or have any rights in your Account. Under these Terms of Use, you are granted a limited, personal, non-transferable, non-commercial, revocable license to use your Account to access the Services. You may not sell or transfer all or any part of your Account. You may not use your Account in any way that violates these Terms of Use.
You are responsible for maintaining the confidentiality of your Account. You are responsible for all activities that occur through the use of your Account regardless of whether you personally authorize such activities. You shall not allow any other person to access your Account. You shall immediately notify BDT of any unauthorized use of the Account or any other breach of security. BDT shall not be liable for any loss or damage arising from your failure to comply with these requirements.
We reserve the right to refuse to register you and provide you with an Account and/or to deny you access to the Services and/or terminate your Account for any reason in our sole and absolute discretion. We may terminate or suspend your Account and/or access to all or part of the Services if we, in our sole and absolute discretion, determine that you have breached these Terms of Use or any other rule applicable to the Services or that your conduct violates applicable law or is otherwise harmful to the Services, other persons or us. Any such termination or suspension or removal shall be without liability to you.
Changes to the Services
We reserve the right to change and/or discontinue any or all of the features of and activities available on the Services at any time without notice. In addition, we may terminate or suspend access to all or part of the Services if we determine to cease all or a portion of our operations and/or the provision of any applicable products or services in connection with the Services. All such terminations, suspensions, removals and/or changes shall be without any liability to you, including any liability arising from any in-app purchases made by you.
Virtual Items
You do not own any virtual items. You only receive a limited license to use a virtual item within a particular Service. Virtual items have no value outside of the Services. You are not allowed to transfer virtual items outside of the Services (e.g., in the “real world”), for example by selling, gifting, or trading them. BDT will not recognize any transfer of a virtual item. You are not allowed to sublicense, trade, sell, or attempt to sell virtual items for “real” money, or exchange virtual items for value of any kind outside of the Services. Any such transfer or attempted transfer is prohibited and void and violates these Terms of Use. BDT makes no representation or warranty that the virtual items you “earn” or purchase will be available to you in perpetuity or for any particular period of time. If you lose your device or data or your device or data is damaged, you may lose your virtual items. BDT will have no liability to you with respect to any such loss.
Purchases
When you purchase virtual items in our Services on other platforms such as Facebook, Apple, or Google, BDT is not a party to the transaction and your purchase will be governed by the third-party platform’s payment terms and conditions. Please review the platform’s terms of service for additional information. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. BDT may revise the price (up or down) for a virtual item or discontinue offering any virtual item at any time without any notice or liability to you.
ALL SALES ARE FINAL: YOU ACKNOWLEDGE THAT BDT IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR ANY VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHEN SERVICES ARE DISCONTINUED, WHEN YOUR ACCESS TO SERVICES IS DENIED OR TERMINATED, OR FOR ANY OTHER REASON. PURCHASES TO ACQUIRE A LIMITED LICENSE AND RIGHT TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE TO THE FULLEST EXTENT ALLOWED BY LAW.
Unsolicited Concept Submissions
BDT does not accept unsolicited ideas, concepts, or proposals for new apps or for improvements to existing apps (an “Unsolicited Submission”). By sending an Unsolicited Submission to BDT or any of its licensors, contractors, or affiliated or related entities, you automatically grant (or warrant that the owner of such rights has expressly granted) to BDT a perpetual, royalty-free, irrevocable, transferable, sublicensable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute your submission or incorporate your submission into any form, medium, or technology (now known or hereafter developed or devised) throughout the universe. In addition, you warrant that all so-called “moral rights” and other rights recognized throughout the world (including without limitation, the European Economic Community) in your submission have been waived and that BDT has the unrestricted right to modify, edit, alter and change your submission without your or any other person’s consent. There is no contract, implied or otherwise, that BDT will compensate you for the use of your submission and, pursuant to the foregoing, BDT will not compensate you for any such use.
Ownership of Intellectual Property/Restrictions on Use
All software, designs, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, data and other copyrightable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade dress and trade names which are part of or displayed through the Services (the “Materials”) are the property of BDT or of third parties who have authorized BDT to use the Materials and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.
You should assume that everything you see or read on the Services, receive through related services, or download from our servers, is protected by copyright unless otherwise stated and may only be used according to these Terms of Use. BDT does not warrant or represent that your use of materials displayed on the Services will not infringe rights of third parties whom are not owned or affiliated with BDT. Images are either BDT’s property or used by BDT with another party’s permission. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of such images may violate copyright laws, trademark laws, the laws of privacy and publicity, as well as other communications regulations and statutes.
All trade names, trademarks logos, and service marks (collectively the “Trademarks”) displayed on the Services are the registered and unregistered trademarks of BDT or of third parties who have authorized BDT to use the Trademarks. Your misuse of the Trademarks displayed on the Services, or any other content on the Services, except as provided herein, is strictly prohibited. Nothing contained on the Services should be construed as granting any license or right to use any Trademark displayed on the Services without the written permission of BDT or such third party that may own the Trademark.
These Terms of Use grant to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and the Materials for your personal, non-commercial use. Except as expressly provided herein, you agree that no portion of the Services will be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose; that you have obtained no other rights, titles or interests of any kind in or to the Services or the Materials; and that nothing contained herein shall be construed as conferring any other right, title or interest. As between you and BDT, all rights in the Materials and the Services are reserved to BDT.
Virtual items are not owned by you even though you may have “earned” them by playing or paid for them. Pursuant to these Terms of Use, all virtual items are part of the Materials that are owned by BDT and you are granted only a limited, non-exclusive, non-transferable, revocable license to access and use the virtual items subject to all of the terms and conditions set forth herein.
You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, sell, decompile, reverse engineer, disassemble, or circulate any Materials to any third party (including, without limitation, display and distribute the Materials via a third party Services) without BDT’s express prior written consent. Unauthorized or prohibited exploitation of Materials may subject you to civil liability and criminal prosecution under applicable federal and state laws.
Disclaimers/Limitation of Liability
THE SERVICES AND ALL MATERIALS CONTAINED ON IT AND ALL SERVICES PROVIDED BY IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BDT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BDT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BDT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SERVICES OR THE INFORMATION CONTAINED IN IT WITH REGARD TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS, AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. YOU, NOT BDT, ASSUME THE COMPLETE COST OF ALL NECESSARY SERVICING, REPAIR, REPLACEMENT, OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THE SERVICES AT ANY TIME WITHOUT NOTICE AND WITHOUT LIABILITY TO YOU.
TO THE EXTENT THAT YOU COMMUNICATE WITH BDT THROUGH ANY SOURCE, THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS USER AGREEMENT AND THIS DISCLAIMER AND THESE TERMS OF USE SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BDT, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS OF THE SERVICES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THE SERVICES, REGARDLESS OF WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY BDT, YOU OR ANY THIRD PARTY AND REGARDLESS OF WHETHER BDT IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL BDT HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEEDING THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES.
Emails
You agree that these Terms of Use, including but not limited to the Disclaimers and Limitations of Liability, apply to all emails and other electronic communications which you receive from BDT as though such email or other electronic communication and all of its content were part of the Services.
Security of Information
We have put physical, electronic and managerial procedures into place in order to help safeguard and prevent unauthorized access, use and/or disclosure of your information and uploads. Although we use reasonable efforts to safeguard the security of your information, transmissions made on or through the internet and information and submissions 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 addition, information provided and submissions made via email are not protected by encryption and are vulnerable to interception during transmission. We disclaim responsibility for all negligent acts that may result in the unauthorized use and/or disclosure of your information.
Malware
We take great care and pride in creating the Services. We are always on the lookout for technical glitches that effect how the Services works. When we find them on our end, we will fix them. Unfortunately, home computer may cause some glitches that effect how you see our Services and that is beyond our control. If you experience any unusual behavior, content or ads on the Services, it may be the result of Malware on your device. Malware includes viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Services is working properly, sometimes Malware programs on your personal device may interfere with your experience on our Services and on other sites that you visit. Please note that we cannot be responsible for the effects of any third-party software including Malware on your device.
Denial of Access
BDT, for any reason and at its sole discretion, may decide that any person shall be denied access to all or any part of the Services. If BDT has an email associated with a user, the sending of an email notice by BDT shall constitute complete and sufficient notice of the denial. By agreeing to these Terms of Use, you agree to cease and desist immediately from any attempt to access the Services upon issuance of a denial. If you do not cease and desist, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from attempting to access the Services, without BDT having to post any bond or surety therefor.
Indemnification
You agree to indemnify, defend and hold harmless BDT, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers of the Services from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you. BDT reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with BDT in asserting any available defenses.
Jurisdiction
The Terms of Use and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the laws of the State of California applicable to contracts executed and performed entirely therein (without regard to any principles of conflicts of laws). You hereby agree that any action at law or in equity arising out of or relating to these Terms of Use or the site shall be filed only in the state or federal courts located in Los Angeles County, in the State of California. Further, you hereby expressly consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Notwithstanding the foregoing, BDT shall be entitled to seek in any court of appropriate jurisdiction equitable or injunctive relief to enforce these Terms of Use.
If you use the Services from other locations you are responsible for compliance with local laws and regulations. BDT products are available in many parts of the world; however, the Services may describe products that are not available in your jurisdiction.
Modification of Terms
BDT may at any time revise these Terms of Use by updating the same at the Services without prior notice. Your continued use of the Services after such changes are posted will constitute your acceptance of such changes.
General
This agreement constitutes the entire agreement between you and BDT with respect to the Services and related services and supersedes all prior or contemporaneous terms or conditions, oral or written, between user and BDT. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any cause of action arising out of or related to the Services or its service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. THESE TERMS OF USE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BDT. BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE SERVICES.
User Conduct
You expressly agree that you will not use the Services or any other software, app or internet services provided by BDT for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You agree to abide by all applicable local, state, national, and international laws and regulations. Any unauthorized commercial use of the Services, BDT’s servers or internet infrastructure is expressly prohibited. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Services as determined by BDT in its sole discretion.
Privacy
By using the Services, you consent to the terms of BDT’s Privacy Policy, which you understand may be modified from time to time. The Privacy Policy, which can be reached by clicking on this Privacy Policy link, is incorporated into these Terms of Use by reference. You consent to BDT’s use of cookies and similar devices as further described in the Privacy Policy and for the purposes set forth in the Privacy Policy. You further understand and agree that, to the extent that information is collected about you, it will be stored on servers in the United States.
Accounts
You may be required to have an account (an “Account”) to access or participate in the features of the Services. You represent and warrant that all information provided in registering your Account is true and accurate. You do not own or have any rights in your Account. Under these Terms of Use, you are granted a limited, personal, non-transferable, non-commercial, revocable license to use your Account to access the Services. You may not sell or transfer all or any part of your Account. You may not use your Account in any way that violates these Terms of Use.
You are responsible for maintaining the confidentiality of your Account. You are responsible for all activities that occur through the use of your Account regardless of whether you personally authorize such activities. You shall not allow any other person to access your Account. You shall immediately notify BDT of any unauthorized use of the Account or any other breach of security. BDT shall not be liable for any loss or damage arising from your failure to comply with these requirements.
We reserve the right to refuse to register you and provide you with an Account and/or to deny you access to the Services and/or terminate your Account for any reason in our sole and absolute discretion. We may terminate or suspend your Account and/or access to all or part of the Services if we, in our sole and absolute discretion, determine that you have breached these Terms of Use or any other rule applicable to the Services or that your conduct violates applicable law or is otherwise harmful to the Services, other persons or us. Any such termination or suspension or removal shall be without liability to you.
Changes to the Services
We reserve the right to change and/or discontinue any or all of the features of and activities available on the Services at any time without notice. In addition, we may terminate or suspend access to all or part of the Services if we determine to cease all or a portion of our operations and/or the provision of any applicable products or services in connection with the Services. All such terminations, suspensions, removals and/or changes shall be without any liability to you, including any liability arising from any in-app purchases made by you.
Virtual Items
You do not own any virtual items. You only receive a limited license to use a virtual item within a particular Service. Virtual items have no value outside of the Services. You are not allowed to transfer virtual items outside of the Services (e.g., in the “real world”), for example by selling, gifting, or trading them. BDT will not recognize any transfer of a virtual item. You are not allowed to sublicense, trade, sell, or attempt to sell virtual items for “real” money, or exchange virtual items for value of any kind outside of the Services. Any such transfer or attempted transfer is prohibited and void and violates these Terms of Use. BDT makes no representation or warranty that the virtual items you “earn” or purchase will be available to you in perpetuity or for any particular period of time. If you lose your device or data or your device or data is damaged, you may lose your virtual items. BDT will have no liability to you with respect to any such loss.
Purchases
When you purchase virtual items in our Services on other platforms such as Facebook, Apple, or Google, BDT is not a party to the transaction and your purchase will be governed by the third-party platform’s payment terms and conditions. Please review the platform’s terms of service for additional information. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. BDT may revise the price (up or down) for a virtual item or discontinue offering any virtual item at any time without any notice or liability to you.
ALL SALES ARE FINAL: YOU ACKNOWLEDGE THAT BDT IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR ANY VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHEN SERVICES ARE DISCONTINUED, WHEN YOUR ACCESS TO SERVICES IS DENIED OR TERMINATED, OR FOR ANY OTHER REASON. PURCHASES TO ACQUIRE A LIMITED LICENSE AND RIGHT TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE TO THE FULLEST EXTENT ALLOWED BY LAW.
Unsolicited Concept Submissions
BDT does not accept unsolicited ideas, concepts, or proposals for new apps or for improvements to existing apps (an “Unsolicited Submission”). By sending an Unsolicited Submission to BDT or any of its licensors, contractors, or affiliated or related entities, you automatically grant (or warrant that the owner of such rights has expressly granted) to BDT a perpetual, royalty-free, irrevocable, transferable, sublicensable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute your submission or incorporate your submission into any form, medium, or technology (now known or hereafter developed or devised) throughout the universe. In addition, you warrant that all so-called “moral rights” and other rights recognized throughout the world (including without limitation, the European Economic Community) in your submission have been waived and that BDT has the unrestricted right to modify, edit, alter and change your submission without your or any other person’s consent. There is no contract, implied or otherwise, that BDT will compensate you for the use of your submission and, pursuant to the foregoing, BDT will not compensate you for any such use.
Ownership of Intellectual Property/Restrictions on Use
All software, designs, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, data and other copyrightable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade dress and trade names which are part of or displayed through the Services (the “Materials”) are the property of BDT or of third parties who have authorized BDT to use the Materials and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.
You should assume that everything you see or read on the Services, receive through related services, or download from our servers, is protected by copyright unless otherwise stated and may only be used according to these Terms of Use. BDT does not warrant or represent that your use of materials displayed on the Services will not infringe rights of third parties whom are not owned or affiliated with BDT. Images are either BDT’s property or used by BDT with another party’s permission. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of such images may violate copyright laws, trademark laws, the laws of privacy and publicity, as well as other communications regulations and statutes.
All trade names, trademarks logos, and service marks (collectively the “Trademarks”) displayed on the Services are the registered and unregistered trademarks of BDT or of third parties who have authorized BDT to use the Trademarks. Your misuse of the Trademarks displayed on the Services, or any other content on the Services, except as provided herein, is strictly prohibited. Nothing contained on the Services should be construed as granting any license or right to use any Trademark displayed on the Services without the written permission of BDT or such third party that may own the Trademark.
These Terms of Use grant to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and the Materials for your personal, non-commercial use. Except as expressly provided herein, you agree that no portion of the Services will be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose; that you have obtained no other rights, titles or interests of any kind in or to the Services or the Materials; and that nothing contained herein shall be construed as conferring any other right, title or interest. As between you and BDT, all rights in the Materials and the Services are reserved to BDT.
Virtual items are not owned by you even though you may have “earned” them by playing or paid for them. Pursuant to these Terms of Use, all virtual items are part of the Materials that are owned by BDT and you are granted only a limited, non-exclusive, non-transferable, revocable license to access and use the virtual items subject to all of the terms and conditions set forth herein.
You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, sell, decompile, reverse engineer, disassemble, or circulate any Materials to any third party (including, without limitation, display and distribute the Materials via a third party Services) without BDT’s express prior written consent. Unauthorized or prohibited exploitation of Materials may subject you to civil liability and criminal prosecution under applicable federal and state laws.
Disclaimers/Limitation of Liability
THE SERVICES AND ALL MATERIALS CONTAINED ON IT AND ALL SERVICES PROVIDED BY IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BDT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BDT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BDT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SERVICES OR THE INFORMATION CONTAINED IN IT WITH REGARD TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS, AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. YOU, NOT BDT, ASSUME THE COMPLETE COST OF ALL NECESSARY SERVICING, REPAIR, REPLACEMENT, OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THE SERVICES AT ANY TIME WITHOUT NOTICE AND WITHOUT LIABILITY TO YOU.
TO THE EXTENT THAT YOU COMMUNICATE WITH BDT THROUGH ANY SOURCE, THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS USER AGREEMENT AND THIS DISCLAIMER AND THESE TERMS OF USE SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BDT, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS OF THE SERVICES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THE SERVICES, REGARDLESS OF WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY BDT, YOU OR ANY THIRD PARTY AND REGARDLESS OF WHETHER BDT IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL BDT HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEEDING THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES.
Emails
You agree that these Terms of Use, including but not limited to the Disclaimers and Limitations of Liability, apply to all emails and other electronic communications which you receive from BDT as though such email or other electronic communication and all of its content were part of the Services.
Security of Information
We have put physical, electronic and managerial procedures into place in order to help safeguard and prevent unauthorized access, use and/or disclosure of your information and uploads. Although we use reasonable efforts to safeguard the security of your information, transmissions made on or through the internet and information and submissions 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 addition, information provided and submissions made via email are not protected by encryption and are vulnerable to interception during transmission. We disclaim responsibility for all negligent acts that may result in the unauthorized use and/or disclosure of your information.
Malware
We take great care and pride in creating the Services. We are always on the lookout for technical glitches that effect how the Services works. When we find them on our end, we will fix them. Unfortunately, home computer may cause some glitches that effect how you see our Services and that is beyond our control. If you experience any unusual behavior, content or ads on the Services, it may be the result of Malware on your device. Malware includes viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Services is working properly, sometimes Malware programs on your personal device may interfere with your experience on our Services and on other sites that you visit. Please note that we cannot be responsible for the effects of any third-party software including Malware on your device.
Denial of Access
BDT, for any reason and at its sole discretion, may decide that any person shall be denied access to all or any part of the Services. If BDT has an email associated with a user, the sending of an email notice by BDT shall constitute complete and sufficient notice of the denial. By agreeing to these Terms of Use, you agree to cease and desist immediately from any attempt to access the Services upon issuance of a denial. If you do not cease and desist, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from attempting to access the Services, without BDT having to post any bond or surety therefor.
Indemnification
You agree to indemnify, defend and hold harmless BDT, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers of the Services from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you. BDT reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with BDT in asserting any available defenses.
Jurisdiction
The Terms of Use and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the laws of the State of California applicable to contracts executed and performed entirely therein (without regard to any principles of conflicts of laws). You hereby agree that any action at law or in equity arising out of or relating to these Terms of Use or the site shall be filed only in the state or federal courts located in Los Angeles County, in the State of California. Further, you hereby expressly consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Notwithstanding the foregoing, BDT shall be entitled to seek in any court of appropriate jurisdiction equitable or injunctive relief to enforce these Terms of Use.
If you use the Services from other locations you are responsible for compliance with local laws and regulations. BDT products are available in many parts of the world; however, the Services may describe products that are not available in your jurisdiction.
Modification of Terms
BDT may at any time revise these Terms of Use by updating the same at the Services without prior notice. Your continued use of the Services after such changes are posted will constitute your acceptance of such changes.
General
This agreement constitutes the entire agreement between you and BDT with respect to the Services and related services and supersedes all prior or contemporaneous terms or conditions, oral or written, between user and BDT. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any cause of action arising out of or related to the Services or its service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.