Effective: July 18, 2014 Last updated: July 18, 2014
Introduction & Agreement to these Terms of Service
Thank you for your interest in the products and services of BitBeamCannon. By accessing and playing any games, websites, or forums created or maintained by BitBeamCannon (the “Games”), you acknowledge that you have read, understood, and agree to the most recent version of these Terms of Service (“Terms”). “BitBeamCannon”, “we”, “us”, or “our” refer to BitBeamCannon. “BitBeamCannon” includes Affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership.
This agreement may not be otherwise amended except in a writing hand signed by you and Us. For purposes of this provision, “writing” does not include an e-mail message and a signature does not include an electronic signature.
These Terms will cover your use of all products and services of BitBeamCannon, including but not limited to our website, forums, or our games (“Games”) on all platforms, whether PC or Macintosh downloadable or browser based, Facebook, iOS, Google Play, Android, Xbox, PlayStation, or any other game platform (“Platforms”). The Terms will apply to all online and socially connected games. If you are playing any of the Games on Facebook, any activities on Facebook beyond the scope of the Games are governed by Facebook’s Statement of Rights and Responsibilities. You can find Facebook’s Statement of Rights here: www.facebook.com/terms.php
Grant of a Limited License to Access Games
You must provide all equipment and software necessary to connect to the Games, including, but not limited to, a mobile device that is suitable to connect with and use the Games, in cases where the Games offers a mobile component.
You are responsible for any fees, including Internet connection or mobile fees that you incur when accessing the Games. You are also responsible for adhering to any third party terms for using any third party SNS or mobile platforms.
Grant of Limited License for In-Game Currency, Goods and Items
You understand that while at times you may “earn” “buy” or “purchase” (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the Games (“Virtual Currency”); or (b) virtual in-game goods or items (together with Virtual Currency, “Virtual Items” or “Virtual Goods”); these real world terms are only being used as shorthand. You do not in fact “own” the Virtual Items or Goods and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, you may purchase a limited license to use the Games, including software programs that occasionally manifest themselves as these items. The purchase and sale of the limited license referred to in these Terms is a completed transaction upon receipt of your direct payment, in-app purchase, or redemption of a third party game card or a third party virtual currency like Facebook Credits.
Any “virtual currency” balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.
Virtual Items and Goods may be purchased with “real world” money from a third-party. Please note that BitBeamCannon often does not handle any of the transactions of Virtual Currency. Your purchase of in game Virtual Currency is subject to terms and conditions of the third party or parties handling the transactions.
In addition to any third party obligations, the following shall apply. In no way can Virtual Currency or Virtual Goods be redeemed for “real world” money, goods, or other items of monetary value from any party. Transfers of Virtual Currency or Virtual Goods outside of the Games are strictly prohibited. This means you may not buy or sell Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for value outside of the Games.
You also agree that all sales of Virtual Currency and Virtual Goods are final. Neither Third Parties nor BitBeamCannon will give any refunds. Other than a limited, revocable, non-transferable license to use the Virtual Currency or Virtual Goods in the Games, you have no right in or title to such Virtual Currency and Virtual Goods. In the event that your account is terminated or suspended for any reason, in BitBeamCannon’s sole and absolute discretion, or if BitBeamCannon discontinues any of its Games, you forfeit any and all Virtual Currency and Goods.
BitBeamCannon has the absolute right to manage, regulate, control, modify, and/or eliminate Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and BitBeamCannon shall have no liability to you or anyone for the exercise of such rights.
Rights to Content
“Content” means all software, communications, images, sounds, and material perceived or made available from the Games. Unless otherwise specified in writing, all Content is owned, controlled, or licensed by BitBeamCannon. All Content is copyrighted under United States copyright laws and/or similar laws of other jurisdictions, protecting it from unauthorized use. BitBeamCannon, its logos, and the Games’ names are trademarks of BitBeamCannon, Inc. and may not be used without BitBeamCannon’s express written permission.
You agree that all Content, including but not limited to all accounts, characters created, Virtual Currency, and Virtual Goods acquired and developed during the course of the Games, are the sole and exclusive property of BitBeamCannon or its licensors. BitBeamCannon may use all Content for any purpose, including for commercial or promotional use without restriction or compensation to you. You agree not to copy, redistribute, publish or otherwise exploit any Content in violation of the intellectual property rights of BitBeamCannon or any other third party.
User Generated Content
It is possible you may choose to contribute to the games through the submission of user-generated content. User Generated Content may be defined as various kinds of content, publicly available, that are produced by end users (for example, wall posts, messages, and actions with others end users) as well as any feedback, comments, or suggestions that you provide to us regarding the Games.
You agree that such User Generated Content is wholly original to you and you exclusively own the rights to such User Generated Content, including the right to grant all of the rights and licenses in these Terms without BitBeamCannonurring any third party obligations or liability arising out of its exercise of the rights granted herein by you.
To the extent that User Generated Content includes anything named, designed, or made by you using tools provided by us, BitBeamCannon retains ownership over those items and the license to you is limited as granted in section II and III of this Terms of Service.
For any content that you generate that is not owned by BitBeamCannon, you hereby grant to BitBeamCannon a non-exclusive, worldwide, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise exploit in any manner whatsoever the User Generated Content, or any portion thereof, on the Games on any Platform as well as any and all media now known or hereafter developed and to advertise, market and promote the same. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in such Content.
BitBeamCannon representatives reserves the right to monitor User Generated Content in the Games, but cannot monitor or prescreen all of the User Generated Content and do not attempt to do so. We have the right, but not the obligation, to edit, refuse to post, or remove any User Generated Content posted in the Games that are deemed objectionable or violate these Terms or the spirit of these Terms, in our sole discretion and determination. If you encounter something you find objectionable and in violation of these Terms, you can bring it to our attention by contacting us. We do not assume any responsibility or liability for User Generated Content that is generated by users of the Games. You bear the entire risk of the completeness, accuracy or usefulness of your User Generated Content found in the Games.
User Code of Conduct
Your use of the Games is governed by certain rules (the “Code of Conduct”), maintained and enforced by BitBeamCannon. It is your responsibility to know, understand and abide by this Code of Conduct. The following rules are not meant to be exhaustive, and BitBeamCannon reserves the right to determine which conduct it considers to be outside the spirit of the Games and to take such disciplinary measures as it sees fit up to and including termination and deletion of the user’s account. The Code of Conduct governs all aspects of your interaction with the Games, including but not limited to selecting your character name, choosing a name for a guild, posting messages to the Message Wall and otherwise accessing the Games.
If BitBeamCannon finds in its sole and exclusive discretion that you have violated the Code of Conduct, we can change or remove the violating item and/or suspend or terminate your access to and use of the Games.
BitBeamCannon has no responsibility to monitor player behavior or enforce the Code of Conduct. BitBeamCannon may choose at its own sole discretion not to penalize a user for a claimed violation of this Code of Conduct. Non-enforcement in one instant of any violation by a user does not constitute a waiver of any other or subsequent violation by that or any other user.
You agree that your use of and conduct in the Games shall be lawful and you will not:
•transmit or post any content or language which, in BitBeamCannon’s sole and absolute discretion, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;
•communicate or post any user’s personal information, including but not limited to another user’s address, phone number, e-mail address, or credit card number, in the Games without the use’s express written consent, except that a user may communicate his or her own personal information;
•violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity;
•make improper use of BitBeamCannon’s support services or submit false reports of abuse or misconduct;
•disseminate, transmit, or attempt to upload viruses, Trojan horses, keyboard loggers, time bombs, adware, spyware, or any other malicious or invasive code of program;
•reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that BitBeamCannon created to generate web pages or any software or other products or processes accessible through the Games;
•except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Games, or use or launch any unauthorized script or other software;
•interfere with or circumvent any security feature of the Games or any feature that restricts or enforces limitations on use of or access to the Games or Content;
•use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Games;
•use the Service 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 Games;
•without BitBeamCannon’s express written consent, modify or cause to be modified any files that are a part of the Games;
•participate in any action that, in BitBeamCannon’s sole and absolute opinion, results or may result in an authorized user of the Games being defrauded out of Virtual Currency or Virtual goods that the user has earned or purchased through authorized game play in the Games;
•sell the Games or any part thereof including but not limited to Virtual Goods or Virtual Currency, user accounts and access to them in exchange for real currency or items of monetary value;
•engage in cheating or any other activity deemed by BitBeamCannon to be in conflict with the spirit or intent of the Games;
•attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including BitBeamCannon employees or BitBeamCannon’s customer service representatives; or
•make available through the Games 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, including without limitation an BitBeamCannon employee.
The following restrictions apply to the use of the Games:
•You shall not create an Account or access the Games if you are under the age of 13; By accessing and using the Games, you represent and warrant that you are at least 13 years old (Please be aware that BitBeamCannon may create certain areas on its website and some Games that contain adult or mature content. You must be at least 16 or 18 years of age to access and view such areas or Games. If you are less than the required age for such areas or Games, please do not use them). If you are a minor over the age of 13, we recommend you seek consent from a parent or legal guardian before accessing the Games;
•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 Games by minors in connection with your Account. You are responsible for any use of your credit card, mobile phone or other payment instrument (such as in App Purchases and Facebook Credits) by minors;
•You shall not have more than one Account, per platform or SNS, at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
•You shall not have an Account or use the Games if you have previously been removed by BitBeamCannon or previously been banned from playing any BitBeamCannon game;
•You shall not use the Games if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals.
•You shall use your Account only for non-commercial purposes;
•You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (such as spam) to anyone;
•You shall not use your Account to engage in any illegal conduct;
•You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items associated with your Account to anyone without BitBeamCannon’ written permission;
•You shall not copy, modify or distribute rights or content from the Games, or BitBeamCannon’ copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Service
•You shall not access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without BitBeamCannon’ permission; and
•If you access the Games from an SNS, you shall comply with its terms of service/use as well as these Terms.
UPDATES TO THE SERVICE
You understand that BitBeamCannon may require that you accept updates to the Games you have installed on your computer or mobile device. You acknowledge and agree that BitBeamCannon may update the Service with or without notifying you. You may need to update third party software from time to time in order to receive the Games.
Without limiting any other remedies, We reserve the right to limit, suspend, terminate, modify, or delete your account or access to any or all of the Games or portions thereof if you are, or BitBeamCannon suspects that you are, failing to comply with any of these Terms or for any actual or suspected illegal or improper use of the Games, with or without notice to you, at any time. It is within our sole discretion and determination to terminate your account for what we deem to be a violation or breach of these Terms. In the event that we terminate or suspend your account, you will have no further access to your account or anything associated to it. As stated above, you will not be entitled to a refund of any Virtual Currency or Virtual Goods acquired, earned or developed during the Games. You can lose your user name and/or persona as a result of account termination or limitation, as well as any benefits, privileges, earned items and purchased items associated with your use of the Games, and BitBeamCannon is under no obligation to compensate you for any such losses or results.
BitBeamCannon reserves the right to stop offering and/or supporting the Games or a particular game or part of the Games at any time either permanently or temporarily, at which point your license to use the Games or a part thereof will be automatically terminated or suspended. In such event, BitBeamCannon shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Games.
Termination of your Account can include disabling your access to the Games or any part thereof including any content you submitted or others submitted.
Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Games and may be disclosed: (i) when We have a good faith belief that We are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where We believe that the Games is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when We have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of BitBeamCannon, including to enforce our Terms. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring, access and disclosure.
Dispute with Others
We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Games. If you have a dispute with other users, you release BitBeamCannon and hereby agree to indemnify BitBeamCannon from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
Disclaimer of Warranties and Limitation of Liability
ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ARE PROVIDED BY BitBeamCannon ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BitBeamCannon MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GAMES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE GAMES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BitBeamCannon DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BitBeamCannon DOES NOT WARRANT THAT ITS INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU; THEIR SERVERS; OR E-MAIL SENT FROM BitBeamCannon ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BitBeamCannon WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ITS INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By accessing and using the Games, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and BitBeamCannon. You agree that any claim or dispute you may have against BitBeamCannon must be resolved exclusively by a state or federal court located in Travis County. You agree to submit to the personal jurisdiction of the courts located within Travis County, Texas for the purpose of litigating all such claims or disputes.
You agree to defend, indemnify and hold harmless BitBeamCannon, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from all claims and expenses, including attorneys’ fees and costs, arising out of your use the Games and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. BitBeamCannon reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify BitBeamCannon, and you agree to cooperate with BitBeamCannon’s defense of these claims. BitBeamCannon will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your account(s) or the Games.
Complaints and Notices
The Digital Millennium Copyright Act (DMCA) provides copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet with ways to protect their rights. If you believe that your copyrighted work has been copied without your authorization and is available in this game in a way that may constitute copyright infringement, you can provide notice of your claim to BitBeamCannon’s Designated Agent listed below. For your notice to be effective, it must include the following information:
1.A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed;
2.A description of the copyrighted work that you claim has been infringed upon;
3.A description of where the material that you claim is infringing is located in this game;
4.Information reasonably sufficient to permit BitBeamCannon to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party can be contacted;
5.A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6.A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
BitBeamCannon may publish additional policies related to specific services such as applications for mobile devices, forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
Language of the Terms of Service
In the event of a conflict between a translation of the BitBeamCannon Policies and the English version, the English version of the BitBeamCannon Policies will control.
The failure of BitBeamCannon to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
You acknowledge that the rights granted and obligations made under these Terms to BitBeamCannon are of a unique and irreplaceable nature, the loss of which shall irreparably harm BitBeamCannon and which cannot be replaced by monetary damages alone. Accordingly, BitBeamCannon shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) 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 Games, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Games or any content or other material used or displayed through the Games and agree to limit your claims to claims for monetary damages, limited by Section XII (if any).
BitBeamCannon shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of BitBeamCannon, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond BitBeamCannon’s control such as acts of God, war, riots, fire, floods, natural disaster, accident, alien invasion, act of government or terrorism, embargoes, zombie apocalypse, network infrastructure failures, strikes, shortages of material or supplies or shortages of transportation facilities, fuel, energy, labor or materials.
If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in force.
These terms and conditions constitute the entire and exclusive agreement between you and BitBeamCannon concerning your use of the Games and supersede any and all statements or other agreements, whether oral or written, between you and BitBeamCannon regarding that use.