THE TERMS OF SERVICE
THE RELATIONSHIP BETWEEN THE USER AND BOOMBIT REGARDING THE USER’S USE OF BOOMBIT’S SERVICES IS GOVERNED BY THIS AGREEMENT AND OTHER RELEVANT BOOMBIT’S POLICIES.
IF THE USER INSTALLS, USES OR ENTERS THE SERVICE OTHERWISE, IT MEANS THAT THE USER ACCEPTS THE TERMS OF THIS AGREEMENT. OTHERWISE THE USER MUST NOT INSTALL, USE OR ENTER THE SERVICE IN ANY OTHER WAY.
- Creating an Account or entering the Service is not permitted for persons under the age of 13. The User shall deny access to the Service to children under the age of 13. The User shall be fully liable for any unauthorized use of the Service by minors, including payment instruments, such as credit card or online payments system, such as PayPal.
- If the User’s age is between 13 and 17, it is the User’s legal guardian who has to review and agree to this Agreement. If the User access the Service from a SNS, the User shall comply with its terms of service/use as well as this Agreement.
- It is prohibited to:
- use the Service if the User has been previously removed or banned from playing any BoomBit’s game by Boombit;
- create an Account using a false identity or information or on behalf someone other than User;
- purchase, sell, rent or give away the User’s Account;
- use the Account for commercial purposes or to advertise, solicite, transmit commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.
- Definitions. The capitalized terms shall have a meaning set forth as below:
- BoomBit – BoomBit Games Ltd., a company registered at Office 102-2 London Bridge Walk, London, UK;
- Agreement – shall mean these Terms of Service;
- Account – an account created by the User in the Service; the User shall make reasonable efforts to ensure the Account’s security, especially the User shall not share the Account or password. If the User suspects that the Account is not secure, including but not limited to its loss or theft, the User shall notify BoomBit and change the Account’s information required to log in. The User is fully responsible for any use of the Account, including but not limited to any purchases, whether authorized by the User or not. Any username may be at any time removed or reclaimed by BoomBit for any reason, especially but not limited to occurence of third party’s claims that a username may violate that party’s rights. Only one Account per game is supported on a device.
- Service – use of BoomBit’s games and related services;
- SNS – Social Networking Site, such as Facebook or Google+;
- User – a person who uses the Services;
- User Content – shall mean all the data that the User uploads, transmits, creates, generates, posts, publishes or shares on or through the Services, including but not limited to pictures, videos messages, files, in-game art or any other content. The User’s Content shall be accurate and in compliance with any laws and this Agreement and shall not include non-confidental information or viruses, adware, spyware, worms or other harmfull codes, files and softwares.
- Virtual Item – shall mean: i) virtual currency, including without limitation virtual coins, cash, tokens, or points, all for use in the Services and ii) virtual in-game items; whether earned in a game or purchased from BoomBit
- Amendments of the Agreement. BoomBit at its sole discretion has the right to make any amendments of this Agreement and other relevant BoomBit’s policies at any time. The amended version shall be published on the BoomBit’s Services. If the User continues to use the Services, that shall be considered as the User’s consent to the said amendments. If the User does not agree to the saidamendments, the User’s license terminates immediately and the User must not use the Service any longer.
- Limited License. Upon this Agreement and other relevant BoomBit’s policies, BoomBit grants the User a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service for the User’s own non-commercial, entertainment purposes. The User must not use the Service for any other purpose.
- License Limitations. Unless the User comply with License Limitations, it is prohibited to use the Service and BoomBit may revoke the User’s license. Furthermore, the User shall be liable for any breach of law. Under no circumstances the User shall not:
- violate any law, including but not limited to intellectual property law;
- perform any actions against the community of users, the BoomBit’s employees, BoomBit itself, the spirit or intent of the Service or misuse BoomBit’s Services; including but not limited to posting, publishing, uploading or sharing any information, photo or video that can be understood as abusive or violating good manners.
- modify or interfere with the Service by using, directly or indirectly, cheats, exploits, automation software, bots, hacks, mods or any other unauthorized third-party software;
- harm the Services, BoomBit’s computers and servers and other users, including but not limited to overburdening the servers, any attack, including distribution of a virus, gaining unathorized acces to the Service or to any other data protected by BoomBit, especially personal data, manipulating Services and its rankings or taking advantage of errors in the Service or modifing any files constituting the Service without BoomBit’s prior written consent.
BoomBit may at its sole discretion decide what misconduct shall be considered as violating this Agreement and take suitbale actions, including deleting the User Content, termination of the User’s Account, prohibiting the User from using the Service or take any other actions allowed by the law.
- Termination of Account and Service
Notwithstanding with BoomBit’s other remedies, if BoomBit considers that the User violates this Agreement or law, BoomBit may at its own discretion limit, suspend, terminate, modify or delete Accounts, access to the Service or parts of it. BoomBit shall not be obliged to compensate the User loss of the Account, Virtual Items and other benefits and privileges relating to use of the Services and lost due to aforementioned BoomBit’s decision. BoomBit may also take other technical and legal steps to prevent the User who violates this Agreement or law to access the Service, if BoomBit considers that the User’s actions violate any laws and third parties rights, including but not limited to intellectual property rights and create risk of possible legal actions against BoomBit or its affiliaties.
Any Account inactive for 180 days may be terminated by BoomBit at its sole discretion.
BoomBit has the right to stop supporting or offering the Service at any time and for any reason. In that case the User’s license is immediately terminated. BoomBit shall not be responsible to compensate the User any loss of benefits, privilleges or funds that may derive from the Service’s discontinuation.
The User may terminate the User’s Account at any time and for any reason by informing BoomBit that the User wishes to terminate the Account. Please contact us at: https://boombit.zendesk.com.
- Ownership. Boombit is owner and shall have all rights, title and interest, including but not limited to all intellectual property rights or other proprietary rights in connection with:
- Games and 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 a BoomBit game client, and the BoomBit game clients and server software.
- Accounts – the User shall have no ownership or other proprietaty interest in the Account.
- Virtual Items – the User shall have no right or title in or to any content that appears in the Service.
- User Content
The User warrants that the User Content comply with this Agreement and any laws, including but not limited to intellectual property rights. The User agrees that the User Content will be processed by BoomBit in accordance with its policies.
BoomBit has the right to monitor, record or store the User’s interactions with the Services, BoomBit or other players while the User is using the Services (including without limitation communications through in-game text or video chat). BoomBit may also edit, refuse to post, or remove any User Content.
However, BoomBit shall not be liable for any User Content; the only subject liable for the User Content is the User. The User uses the Services for the User’s own risk. BoomBit shall not be responsible in particular for monitoring the User’s content or conduct. Notwithstanding with BoomBit’s other remedies set forth in this Agreement or by law, the User shall compensate to BoomBit any damages deriving from the User Content, including but not limited to these arising of other User’s compensation, decisions of court, government or other suitable authorities.
License to User Content
User hereby grants BoomBit an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) to the User Content. The said license entitles BoomBit to use the User Content for any purpose, including marketing and promotion of the Service.
BoomBit may in particular 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, the User Content and all modified works and works which derive from the User Content
User hereby waives or undertakes not to perform any rights of attribution and/or any moral rights the User may have in the User Content, regardless of whether the User Content is altered or changed in any manner unless it is prohibited by by applicable law.
BoomBit does not claim any ownership rights in the User Content and nothing in this Agreement is intended to restrict any rights that the User may have to use and exploit the User Content.
Interactions. BoomBit is not responsible for the User’s interactions with other users and third parties. In particular BoomBit is not responsible, but reserves its right to get involved into disputes arising from use of the Services. If the User suspects unlawfull, harmfull or other improper activity of the other users, the User shall contact with BoomBit. In case of the User’s disputes with other users, BoomBit shall be released form any claims, demands and damages arising of these disputes.
In-Services Purchase Terms
While using the Service, the User may purchase a limited, personal, non-transferable, non-sublicensable and revocable license to „virtual currency”, in-game items (together with virtual currency, the „Virtual Items”) and other goodsand services. BoomBit may revise pricing for any reason and at any time. Only BoomBit and its partners are authorized to sell the Virtual Items and other goods and services . BoomBit and its affiliates shall not be liable for Virtual Items and other goods and/or services’ purchase from third parties.
Virtual Items and other goods or services may be modified, eliminated, manager, regulated or controlled by BoomBit at any time, for any reason. No User’s rights arise from that BoomBit’s activity.
Unless it is expressly authorized in the Service, the User must not transfer Virtual Items and other goods and services relating to the Services.
All purchases and redemptions of Virtual Items and other goods and services made through the Service are final and non-refundable. The User is not entitled to a refund for any reason, including but not limited to unused Virtual Items and other goods and services or the Account’s termination.
The User agree to pay all fees and applicable taxes incurred by the User or anyone using an Account registered to the User.
Updates. To provide the Service’s proper performance, BoomBit at its sole discretion, has the right to update its Service without prior notification. To continue using of the BoomBit’s Services the User must accept these updates, including updates of third parties’ software from time to time.
No Warranties. BoomBit does not warrant that its Services will be accessable for User at the times or locations choosed by the User, are error-free or free of viruses or other harmful components, as well as BoomBit does not warrant that its Services will suit the User’s purpose of use.
Limitation of liability
As far as it is permitted by law, BoomBit is not liable to the User for any damages, including loss of revenues, lost profits, data, business interruption or other unless these damages arise from BoomBit’s gross negligence or willful misconduct or from death or personal injury arising from BoomBit’s any negligence or fraud. This Agreement does not affect any statutory rights of consumer.
The User undertakes to indemnify, defend and hold BoomBit (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of the User’s use of the Service, or any breach by the User of this Agreement. For the avoidance of doubt, the foregoing does not apply if the infringement of rights is not attributable to the User’s intentional or negligent behavior.
Governing Law and Dispute Resolution
In case of any disputes arising between the User and BoomBit, the User is strongly encouraged first to contact BoomBit directly to find a resolution by going to BoomBit’s customer support site at: https://boombit.zendesk.com.
Right to transfer. BoomBit may transfer this Agreement or relevant policies, in whole or in part, at any time and to any person or entity without the User’s consent. However, BoomBit’s prior written consent is required for the User’s rights or obligations transfer made by the User to be valid.
Additional Policies. BoomBit may publish additional policies related to its Services. The User must agree and comply with this policies to use these Services.
Entire Agreement. This Agreement, together with any documents reffered to in it (if any), constitutes the entire agreement and understanding between BoomBit and the User and supersedes any previous agreements or understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent.
No Waiver. If BoomBit fails or delays to enforce its rights under this Agreement or other policies, it shall not preclude BoomBit from taking legal or other actions to enforce its rights. Any prior failure or delay shall not constitute a defense. Any waiver of BoomBit to enforce its rights shall be made in writting to be valid and applies only to the certain rights, the waiver does not apply for any future claims, demands or damages, unless it is expressly stated.
Notices.BoomBit may notify the User via BoomBits website (www.boombit.com), the User’s e-mail or using any other contact information provided by the User. All notices given by the User or required from this Agreement or BoomBit’s other policies, shall be made via BoomBit’s website.
Force Majeure. BoomBit shall not be liable and shall be excluded from performance if performance hereunder is interfered with by any condition beyond BoomBit’s reasonable control, including acts of God, labor disputes, or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts of orders of government, acts of terrorism or war.
Right to change. BoomBit reserves the right to make changes to this Agreement, if necessary, in particular for legal reasons or in connection with changes in the services provided. In the event of such a circumstance, the User shall be informed and BoomBit shall publish the current wording of the Agreement with the date of amendments on boombit.com.