This Terms of Service was last modified on November 30th, 2018.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
1.1. Grant of a Limited License to Use the Service
In compliance at all times with these Terms of Service and any other relevant BKOM Studios policies, BKOM Studios grants you a limited, non-exclusive, non-transferable, non-sublicensable revocable license to use subject to the limitations below to access and use the Service for your personal and non-commercial entertainment use. You agree not to use the Service for any other purpose.
The following restrictions and rules apply to your use of the Service:
- You shall not create an Account or access the Service if you are under the age of 13;
- You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors and are responsible for any use of your credit card or other payment instrument by minors;
- You shall not sell, give, or rent your Account, or create an Account using a fake identity or false information, or on behalf of someone other than yourself;
- You shall not use the Service if you have been removed previously by BKOM Studios, or been banned previously from playing any BKOM Studios’ games;
- You shall use your Account for non-commercial purposes only;
- You shall not use the Service to solicit, advertise, or transmit any advertisements for commercial purposes, including junk or spam e-mails;
1.2. Login information and Your Account
You agree that you will not share your Account or Login Information, nor let anyone else access your Account, or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify BKOM Studios and modify your 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 your Account.
BKOM Studios reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
The Service supports only one Account per game on a supported device.
1.3. License Limitations
Any use of the Service which is in violation of these License Limitations is strictly forbidden, and can result in the immediate termination of your license, and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
- Engage in any act that BKOM Studios deems to be improper, or in conflict with the spirit or intent of the Service, or make inappropriate use of BKOM Studios’ Support Services.
- Use cheats, exploits, bots or other automation software, hacks, mods or any prohibited third-party software which are designed to alter, modify or interfere with the Service, with any BKOM Studios’ games or any BKOM Studios game experience, or without BKOM Studios’ express written consent, modify or cause to be modified any files that are a part of the Service or any BKOM Studios’ games.
- Disrupt, interfere, overburden, or assist in the disruption of the the Service, or the game servers (“Server”) used to offer or support the Service, or any BKOM Studios’ environment. This includes, but is not limited to, any type of attack, virus distribution, or other attempts to disrupt the Service or any other person’s use of the Service.
- Attempt to gain any unauthorized use of our Service, by any means other than the user interface provided by BKOM Studios, including but not limited to, by circumventing or modifying, attempting to circumvent or modify any technology, device, security or software that is part of BKOM Studios’ Service.
- Post any information or content that is abusive, illegal, threatening, obscene, defamatory, libelous, which contains excessive violence, or racially, sexually, religiously, or otherwise objectionable or offensive, or which contains a link to such content.
- Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including BKOM Studios employees, including BKOM Studios’ customer service representatives.
- Through the Service, you shall not make available any material or info 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, without limitation, including a BKOM Studios employee.
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property (IP) used to provide the Service, or any BKOM Studios games, or to obtain any info using any method not expressly allowed by BKOM Studios.
- Solicit or attempt to solicit personal information from other users of the Service or any BKOM Studios games, or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
BKOM Studios reserves the right to govern what behaviour it considers to be in violation of those rules, or otherwise outside the intent or spirit of these Terms of Service, or the Service itself. As a result, BKOM Studios reserves the right to take action which may include in an Account Termination, prohibiting the user from using the Service.
1.4. Suspension and Termination of Account and Service
WITHOUT LIMITATION, BKOM STUDIOS MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS IF YOU ARE, OR IF BKOM STUDIOS SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE, OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE. BKOM STUDIOS IS UNDER NO OBLIGATION TO COMPENSATE FOR ANY LOSSES OR RESULTS, SUCH AS BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE.
BKOM STUDIOS MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND ANY USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
BKOM STUDIOS RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
BKOM Studios reserves the right to stop offering and/or supporting the Service or a particular game, or part of the Service at any time, at which point the license to use the Service or a part thereof will be automatically terminated.
In such event, BKOM Studios shall not be obliged to offer refunds, benefits or other compensations to users with such withdrawn Services. Termination of Accounts can include disabling the access to the Service, or any part thereof, including any content users have submitted.
2.1. Games and 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, audiovisual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a BKOM Studios game client, and the BKOM Studios game clients and server software, are owned by BKOM Studios. BKOM Studios reserves all rights, including without limitation, all intellectual property (IP) 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 SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF BKOM STUDIOS.
2.3. Virtual Goods
BKOM Studios owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in BKOM Studios games. You agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any BKOM Studios game, whether earned in a game or purchased from BKOM Studios, or any other attributes associated with an Account or stored on the Service.
2.4. User Content
User Content is in reference to all the material, data, and information that you upload or transmit through a BKOM Studios game client or the Service, including any communications, images, sounds, or that other users upload or transmit. By transmitting or submitting any User Content while using the Service, you confirm that such transmission or submission is:
- Accurate and not confidential;
- 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;
- Free of viruses, adware, spyware, worms or other malicious code; and
BKOM Studios reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time.
3.1. Content Screening
BKOM Studios does not take responsibility for the conduct of any user submitting User Content, and will assume no responsibility for monitoring the Service for inappropriate content or conduct.
By using the Service, you may be exposed to User Content that is offensive, crude or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service when you are using the Service. By agreeing to these Terms of Service, you hereby provide your final consent to such monitoring and recording. You recognize and agree that you have no expectation of privacy concerning the transmission of any User Content.
If at any time BKOM Studios decides, in its sole discretion, to monitor the Service, BKOM Studios nonetheless assumes no responsibility and no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
3.2. Information Use by Other Members of the Service
3.2.1. Responsible For Your Own Content
You are solely responsible for the info that you post on, through or in connection with the Service and that you provide to others. BKOM Studios may reject, refuse to post or delete any User Content for any reason, including, but not limited to, User Content that in the sole judgment of BKOM Studios violates these Terms of Service.
You hereby grant to BKOM Studios 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 our provision of the Service, including marketing and promotions of the Service.
You also hereby grant to BKOM Studios the right to allow others to exercise any of the rights granted to BKOM Studios under these Terms of Service. You further hereby grant to BKOM Studios the absolute and irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with 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.
BKOM Studios does not claim any proprietorship 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. BKOM Studios has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
3.4. User Interactions
You are solely responsible for your communications with other users of the Service and any other parties with whom you interact through the Service and/or BKOM Studios games. BKOM Studios reserves the right, without obligation, to get involved in any way with these disputes. You will fully collaborate with BKOM Studios to investigate any suspected illegal, fraudulent or improper activity, including, without limitation, granting BKOM Studios access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release BKOM Studios from those claims, of any type and nature, in any way connected with such disputes.
Fees and Purchase Terms
In the Service you may purchase, with “real world” money, a limited, personal, nontransferable, non-sublicensable, revocable license to use:
- “Virtual currency”, all for use in BKOM Studios games;
- “Virtual in-game items” (together with “virtual currency”, “Virtual Items”); and
- Other goods or services (“Merchandise”).
You are only allowed to purchase Virtual Items from us or our authorized partners through the Service, and not in any other way.
BKOM Studios may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. BKOM Studios shall have no liability to you or any third party in the event that BKOM Studios exercises such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to BKOM Studios, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND ARE NON-REFUNDABLE.
The establishment of Virtual Items for use in BKOM Studios games is a service provided by BKOM Studios that begins immediately upon acceptance by BKOM Studios of your purchase.
4.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. BKOM Studios may revise the pricing for the goods and services offered through the Service at any time.
YOU ACKNOWLEDGE THAT BKOM STUDIOS IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Updates to the Service
You understand that the Service is an evolving one. BKOM Studios may require that you accept updates to the Service and to BKOM Studios’ games you have installed. You acknowledge and agree that BKOM Studios may update the Service and BKOM Studios games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play BKOM Studios’ Games.
Disclaimer of Warranties
WITHOUT LIMITING BKOM STUDIOS’S LIABILITY UNDER SECTION 7 BELOW, 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 THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
BKOM STUDIOS 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.
Limitation of Liability; Sole and Exclusive Remedy; Indemnification
BKOM STUDIOS SHALL 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 (HOWEVER SUCH LOSSES ARE QUALIFIED), 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 BKOM STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BKOM STUDIOS SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO BKOM STUDIOS 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 BKOM STUDIOS DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND BKOM STUDIOS EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH BKOM STUDIOS 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 BKOM Studios 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 BKOM Studios’ liability shall be the minimum permitted under such applicable law.
IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE SHALL 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 BKOM STUDIOS.
You agree to assure, defend and hold BKOM Studios harmless from any claim, demand, damages or other losses, 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, however the foregoing does not apply if the violation of rights is not attributable to your intentional or negligent behavior.
Dispute Resolution and Law
If a dispute arises between you and BKOM Studios, we strongly encourage you to first contact us directly to seek a resolution by writing an email at firstname.lastname@example.org.
You agree that any claim or dispute you may have against BKOM Studios must be resolved exclusively by a court located in Quebec, Canada.
10.2. Supplemental Policies
BKOM Studios 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 policies and these Terms of Service.
10.3. Entire Agreement
10.4. No Waiver
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by BKOM Studios shall 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 BKOM Studios.
Attn: Legal, BKOM Studios, 825 Boulevard Lebourgneuf #130, Ville de Québec, QC G2J 0B9
Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
10.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to BKOM Studios are of a unique and irreplaceable nature, the loss of which shall irreparably harm BKOM Studios and which cannot be replaced by monetary damages alone so that BKOM Studios shall be entitled to injunctive or other equitable relief in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any BKOM Studios game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7.
10.7. Force Majeure
BKOM Studios shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of BKOM Studios, including without limitation any failure to perform hereunder due to unexpected circumstances or cause beyond BKOM Studios’ 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.