BATTLECAMP TERMS OF SERVICE
PLEASE READ THESE TERMS CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AS A USER OF THE PRODUCTS AND SERVICES OF BATTLECAMP AB.
1 GOVERNING AGREEMENT
2 LICENSE, USE AND RESTRICTIONS
2.2 The license granted to The User and the User’s use of the Services is subject to certain restrictions. Any use of the Services in violation of the following restrictions is strictly prohibited, can result in the immediate revocation of the User’s limited license granted under Section 2.1, and may subject the User to liability for violations of law.
2.3 The User shall refrain from illegal or abusive use of the Services, including but not limited to:
a) engaging in any act that Battlecamp deems to be in conflict with the spirit or intent of the Services, including, but not limited to, circumventing or manipulating these Terms, Battlecamp’s game rules, game mechanics, or policies;
b) using the Services, intentionally or unintentionally, in connection with any violation of any applicable law or regulation;
c) using cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Services or any Battlecamp game experience;
d) using the Services in order to design or assist in the design of cheats, automation software, bots, hacks, mods, or any other unauthorized third-party software designed to modify or interfere with the Services or any Battlecamp game experience;
e) modifying or causing to be modified any files that are a part of the Services in a manner unrelated to the normal, expected user experience;
f) disrupting, overburdening, aiding or assisting in the disruption or overburdening of (i) any computer or server used to offer or support the Services; or (ii) the enjoyment of the Services by any other person; and
g) instituting, assisting, or becoming involved in any type of attack, including, but not limited to, distribution of a virus, denial of service attacks upon the Services, or other attempts to disrupt the Services or any other person’s use or enjoyment of the Service;
2.4 The User shall only use the Account for recreational and non-commercial purposes including but not limited to that the User:
a) shall not, in whole or in part, (i) modify or create any derivative work of the Services; or (ii) copy, reproduce, translate, disassemble, reverse engineer, decompile, or otherwise attempt to derive source code, underlying ideas, algorithms, or structure of any part of the Services;
b) shall not use the User’s Account to advertise, solicit, or transmit any commercial advertisements;
c) shall not transmit unauthorized communications through the Services, including chain letters, junk e-mail, repetitive messages, or any materials that promote malware, spyware, or downloadable items, or market sales or perform sales of products or services;
d) shall not use the Services or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Service;
e) shall not sublicense, rent, lease, sell, trade, gift, or otherwise transfer the User’s Account or any data associated with the User’s Account to anyone without Battlecamp’s written permission; and
f) shall not access or use an Account or related data that have been sublicensed, rented, leased, sold, traded, gifted, or otherwise transferred from the original Account creator without Battlecamp’s permission.
2.5 The User shall refrain from posting or otherwise making available any offensive or infringing content on or through the Services, including but not limited to that the User:
a) shall not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
b) shall not post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
c) shall not attempt to harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person or group, including Battlecamp employees and customer service representatives; and
d) shall not make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person.
2.6 The User shall work to prevent Unauthorized use of, or connection to, the Services, including but not limited to that the User:
a) shall not attempt to gain unauthorized access to the Services, Accounts registered to others, or to the computers, servers, or networks connected to the Services by any means other than the user interface provided by Battlecamp;
b) shall not interfere or attempt to interfere with the proper functioning of the Services or connect to or use the Services in any way not expressly permitted by these Terms;
c) shall not use any unauthorized third-party software that accesses, intercepts, mines, or otherwise collects information from or through the Services or that is in transit from or to the Services, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Services to store information about Battlecamp game characters, elements, or environment. Battlecamp may, at its sole and absolute discretion, allow the use of certain third-party user interfaces;
d) shall not intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server, or the Services, whether through the use of a network analyzer, packet sniffer, or other device;
e) not make any automated use of the system, or take any action that imposes or may impose (in Battlecamp’s sole discretion) an unreasonable or disproportionately large load on Battlecamp’s infrastructure;
f) shall not bypass any measures we employ to restrict access to the service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Services, or harvest or manipulate data.
g) shall not use, facilitate, create, or maintain any unauthorized connection to the Services, including without limitation (i) any connection to any unauthorized server that emulates or attempts to emulate any part of the Services; or (ii) any connection using programs, tools, or software not expressly approved by Battlecamp.
3 ACCOUNT INFORMATION AND PAYMENT INFORMATION
3.2 The User shall not share the Account Information, let anyone else access the User’s Account, or do anything else that might compromise the security of the User’s Account;
3.3 If the User becomes aware of or reasonably suspects any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Account Information, the User must immediately notify Battlecamp and update the User’s Account Information;
3.4 The User is solely responsible for maintaining the confidentiality of the Account Information, and the User will be responsible for all uses of the Account Information, including purchases, whether or not authorized by the User, including any purchases made by minors through the User’s Account.
3.5 The User agrees that Battlecamp will use external payment providers to enable the User to pay for premium content within the Services, e.g. through Appstore or Google Play. The User further undertakes to review and approve the payment providers' separate general terms for payments.
4 SUSPENSION AND TERMINATION OF ACCOUNT AND SERVICE
4.1 The User has the right to terminate or cancel the User’s Account at any time by contacting Battlecamp’s support service at http://support.battlecamp.com.
4.2 Without limiting any other remedies, Battlecamp may limit, suspend, terminate, modify, or delete the User’s Account or access to the Services (or any portion thereof) at any time if Battlecamp has reason to suspect that the User is failing to comply with any of the Terms, with or without prior notice to the User.
4.3 If Battlecamp terminates the User’s Account, the User may lose its username as well as any benefits, privileges, earned and purchased items, or any other content associated with the User’s Account. In such cases, Battlecamp is under no obligation to compensate the User for any such losses or results.
4.4 In the event of termination, no online content or credits will be provided to the User or reimbursed, and the User will have no further access to the User’s Account or anything within the Services associated with it (including all in-game virtual currency or in-game items or points). Under no circumstances shall Battlecamp be responsible for storing any such Account and other information following suspension, termination, modification, or deletion of the User’s Account or access to the Services.
4.5 Battlecamp reserves the right to stop offering and/or supporting the Services, a particular game, or part of the Services at any time, either permanently or temporarily, at which point the User’s license to use the Services or a part thereof will be automatically terminated or suspended. In such event, Battlecamp shall not be required to provide refunds, benefits, or other compensation to the User.
5 OWNERSHIP / INTELLECTUAL PROPERTY
5.1 All materials that are part of the Services (including, but not limited to, games, designs, text, graphics, pictures, animations, video, information, computer code, music, sound, and other files, and their selection and arrangement) are copyrighted works owned by Battlecamp or Battlecamp’s licensors. Battlecamp therefore reserves all intellectual property rights and other proprietary rights in connection with the Services.
5.2 The User acknowledges and agrees that the User shall have no ownership or other property interest in the User’s Account, and the User further acknowledges and agrees that all rights in and to the Account are and shall be owned solely and exclusively by Battlecamp. Battlecamp reserves the right to remove or reclaim any usernames at any time and for any reason.
5.3 While using the Services, the User may have the opportunity to earn, buy, or purchase virtual currency, including but not limited to virtual gold and pops, as well as virtual in-game items (together the "Virtual Items"), for use in the Services. The User acknowledges that the User does not acquire any real-world ownership interest whatsoever in any Virtual Items. No Virtual Items shown in the User’s Account constitute a real-world balance or reflect any stored value, but instead constitute a measurement of the extent of the User’s license. The purchase and sale of the limited license referred to in these Terms is a completed transaction upon receipt of the User’s direct payment.
6 USER CONTENT AND INTERACTIONS
6.1 The User understands and agrees that any content the User creates, modifies, or transmits through the Services may not be distributed, sold, transferred, or licensed without the explicit written permission of Battlecamp. Any data, text, graphics, and their selection and arrangement, uploaded to, or generated within, the Services by a User ("User Content") are subject, whether in whole or in part, to unlimited commercial, non-commercial and/or promotional use by Battlecamp.
6.3 Text and graphics transmitted by the User are the sole responsibility of the person from whom the User Content originated. Thus, the User is responsible, and Battlecamp is not responsible for any files the User uploads, posts, or otherwise makes available on or through the Services. Battlecamp may or may not regulate User Content and does not guarantee the quality, appropriateness, or integrity of any User Content posted via the Services. By using the Services, the User acknowledges and accepts that the User may be exposed to material the User finds offensive or objectionable. The User agrees that Battlecamp will not under any circumstances be liable for any User Content, including, but not limited to, any loss or damage incurred by use of the User Content. Battlecamp reserves the right to remove and permanently delete any User Content from the Services with or without notice.
6.4 If The User believes that User Content or other material residing on or accessible through the Services infringes a copyright, the User may send a notice of copyright infringement containing the following information to Battlecamp:
a) authorization to act on behalf of the owner of the copyright that has been allegedly infringed;
b) identification of works or materials being infringed; and
c) identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Battlecamp is capable of finding and verifying its existence;
6.5 Battlecamp undertakes to give notice of the infringement claim to the User allegedly committing the infringement but does not take responsibility for any copyright infringements committed by Users on or through the Services.
7 DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITIES
7.1 The User expressly agrees that the use of any part of the Services is solely at the User’s own risk. The Services and any third-party services and products are provided on an "as is" and "as available" basis for the User’s use, without warranties of any kind, either express or implied, including, without limitation, any warranty of merchantability, non-infringement, or fitness for a particular purpose. Battlecamp provides the Services on a commercially reasonable basis and does not guarantee that the User will be able to access or use the Services at times or locations of the User’s choosing or that the Services will be uninterrupted or error-free.
7.2 The User acknowledges and agree that the User’s sole and exclusive remedy for any dispute with Battlecamp or its licensors is to stop using the Services and to cancel the User’s account. The User acknowledges and agrees that in no event will Battlecamp, its licensors, or its affiliates be liable for any act or failure to act by them or any other person regarding conduct, communication, or content on the Services. Moreover, in no case shall Battlecamp’s or its licensors', affiliates’, employees', officers', or directors' (collectively, "Battlecamp Affiliates") liability to the User exceed the amount that the User has paid to Battlecamp for the Services during the six months immediately prior to the User’s claim of liability. Furthermore, in no case shall Battlecamp or Battlecamp Affiliates be liable for any indirect, special, incidental, consequential, or punitive damages (including without limitation those resulting from loss of profits, data, goodwill, or other intangible loss) arising from the User’s use of the Services or for any other claim related in any way to the User’s use or Account, whether based on warranty, contract, tort, or any other legal theory and whether or not Battlecamp or any Battlecamp Affiliate has been advised of the possibility of such damages.
7.3 Battlecamp does not endorse, warrant, or guarantee any third-party product or service offered through the Services and will not be a party to or in any way be responsible for monitoring any transaction between the User and third-party providers of products or services.
7.4 The User irrevocably waives all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services or any Battlecamp product, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services and agrees to limit the User’s claims to claims for monetary damages.
7.5 With the exception of events where a Battlecamp has acted intentionally or with gross negligence, Battlecamp shall be exempt from all liability towards the User for damages or loss that are due to circumstances that hinder or significantly impede or delay Battlecamp’s performance of the Services. Such circumstances include, but are not limited to, war, terrorist attack, authority regulation, authority action or omission, labor market conflict (even where Battlecamp does not itself participate in the conflict), blockade, fire, restrictions on energy supply, flood or other natural disaster or accident of greater magnitude or other circumstances. Battlecamp shall without undue delay inform the User in writing of the occurrence or cessation of such circumstances.
The User agrees to defend, indemnify, and hold harmless Battlecamp and Battlecamp Affiliates harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of the User’s use or misuse of the Services, any violation by the User of these Terms, or any breach of the representations, warranties, and covenants made by the User herein. Battlecamp reserves the right, at the User’s expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, and the User agrees to cooperate with Battlecamp’s defense of the subject claims. Battlecamp shall use reasonable efforts to notify the User of any such claim, action, or proceeding upon becoming aware of it. The obligations set forth herein shall survive termination of these Terms.
9 GENERAL PROVISIONS
9.3 Except as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers, or other acts or omissions by Battlecamp shall be deemed a modification of these Terms nor be legally binding, unless documented in writing, signed by the User and a duly appointed officer of Battlecamp.
9.4 If any provision or provisions of these Terms shall be held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
10 APPLICABLE LAW AND DISPUTE RESOLUTION