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
1.1
These
Terms of Service (the “Terms”) constitute a legal agreement that governs
the relationship between Battlecamp AB, corporate id no. 559263-2995, (“Battlecamp”)
and each user (the ”User”) of Battlecamp’s games and related services,
which include the Battlecamp application for mobile devices, Battlecamp branded
websites, and related products and services made available through Facebook or
other social networking services (collectively the "Services").
By using or accessing the Services, the User acknowledges that he or she has
read, understood, and agreed to be bound by the Terms, which incorporate
Battlecamp’s Privacy Policy (the “Privacy Policy”) by reference.
1.2
The
User is responsible for periodically viewing the Terms. Battlecamp reserves the
right to modify the Terms and Privacy Policy at any time by posting the amended
terms on or within the Services. The
User’s continued use of the Services after a change or update has been made
will constitute an agreement to the revised Terms. If the User does not accept
the Terms, the User’s only remedy is to discontinue the use of the Services and
cancel the user account (“Account”) that the User created while using
the Services.
1.3
To
the extent these Terms or the Privacy Policy conflict with any other Battlecamp
term, policy, rule, or code of conduct, the provisions of the Terms and the
Privacy Policy shall have precedence, in that stated order.
2
LICENSE,
USE AND RESTRICTIONS
2.1
Subject
to the User’s agreement and continued compliance with the Terms and the Privacy
Policy, Battlecamp grants the User a limited, non-exclusive, non-transferable,
and revocable limited right and license to access, use, and create an Account
with the Services, and to download, install, and use an application or website
within the Services on the User’s personal computer or mobile device, as
applicable, solely for non-commercial personal entertainment use. The User agrees
not to use the Services for any other purpose.
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
3.1
When
creating or updating an Account on the Services, The User may be required to
select a password and provide certain personal information ("Account
Information"), such as the User’s e-mail address or payment
information. This information will be held and used in accordance with the
Privacy Policy.
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.
6.2
Battlecamp
hereby is and shall be granted a non-exclusive, worldwide, royalty-free,
perpetual, irrevocable, sublicensable, and transferable right to fully exploit
such User Content (including all related intellectual property rights) in
connection with the Services and Battlecamp’s (and its successors’ and
assignees’) business, including without limitation for promoting and
redistributing part or all of the Services (and derivative works thereof) in
any media formats and through any media channels; however, Battlecamp will only
share the User’s personally identifiable information in accordance with Battlecamp’s
Privacy Policy. The User also hereby does and grants each other User of the
Services a non-exclusive license to access the User’s User Content through the
Services, and to use, modify, reproduce, distribute, prepare derivative works
of, display and perform such User Content as permitted through the
functionality of the Services and under these Terms. Furthermore, the User
understands that Battlecamp retains the right to reformat, modify, create
derivative works of, excerpt, and translate any User Content submitted by the
User. For clarity, the foregoing license granted to Battlecamp does not affect
the User’s ownership of or right to grant additional licenses to the material
in the User’s User Content, unless otherwise agreed in writing.
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.
8
INDEMNIFICATION
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
9.1
These
Terms, the Privacy Policy, and any documents expressly incorporated by
reference herein contain the entire understanding of the User and Battlecamp
and supersede all prior 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, between the User and
Battlecamp with respect to the Services.
9.2
The
failure of Battlecamp to require or enforce strict performance by the User of
any provision of these Terms or the Privacy Policy, or failure to exercise any
right under them shall not be construed as a waiver or relinquishment of
Battlecamp's right to assert or rely upon any such provision or right in that
or any other instance.
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
10.1
These
Terms, the Privacy Policy, and Battlecamp’s provision of the Services shall be governed
by and construed in accordance with the laws of Sweden without application of
any conflict of law provisions.
10.2
Any
dispute, controversy or claim arising out of or in connection with These Terms,
the Privacy Policy, or Battlecamp’s provision of the Services, or the breach,
termination or invalidity thereof, shall be finally settled in Swedish general
court, with the district court of Stockholm as the first instance.