User Agreement and Game License
USER AGREEMENT AND GAME LICENSE THIS AGREEMENT DESCRIBES THE TERMS ON WHICH WE OFFER YOU ACCESS TO AN ACCOUNT (THE "ACCOUNT") TO PLAY THE ONLINE GAME (THE "GAME") BUSHTARION. BY PRESSING THE "REGISTER" BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS BELOW. If you have any questions regarding these terms and conditions, you can contact Biggest Brightest Games at firstname.lastname@example.org. 1. Refunds will be given at the discretion of Biggest Brightest Games. 2. Accounts are available to adults over 18 years of age or, in their discretion, their minor child. If you are a minor, your parent(s) or guardian(s) must complete the registration process, in which case they will take full responsibility for all obligations under this Agreement. By clicking the "I Accept" button, you represent that you are an adult and are either accepting this Agreement on behalf of yourself or your child. You are liable for all activities conducted through the Account, and parents or guardians are liable for the activities of their child. Corporations and other entities are not eligible to procure Accounts. 3. You may not transfer or share your Account to/with anyone, except that if you are a parent or guardian, you may permit one child to use the Account instead of you (in which case you may not use that Account). You are only entitled to one Account, and you may not share your Account information with anyone. You may not control any other Account except your own in any form, nor may you give permission for any other person or player to control your Account. You may not log in to an Account on a computer unless either; said computer has only been used for your Account, or; no other Account has been used on that computer for a thirty minute period or more. You may not pretend, lie, joke, threaten, state, suggest, indicate, comment or communicate with anybody in any form that you have more than one Account, regardless of the truth of those communications. 4. You may not mutually agree to give or receive in game land or in game staff/units/troops from your Account to any other Account or from any other Account to your Account, nor may you mutually agree to any attacks whereby both attacker and defender have agreed it is purely to modify any in-game statistics which includes but is not limited to honour, fame, most distracted, most disabled. Any breach of the definition of "land farming" (mutually agreeing to in game land exchanges from or to your Account) "troop trading" (mutually agreeing to in game staff/units/troops exchanges from or to your Account) or "pre-arranged attacks" (whereby all attackers and defenders have agreed to the attack beforehand with the intent of minimal losses purely to gain in-game statistics such as honour, fame, most distracted, most disabled etc.) can result in you losing access to your Account permanently. 5. Game admin/staff may step in to at any stage if a player/group of players is playing in such a way as to detriment the game, playerbase, or business itself, to ensure the game can contiune being played and enjoyed by all. 6. We may amend this Agreement at any time in our sole discretion. Such amendments shall be effective whenever we make the notification available for your review. 7. During registration, you will be sent a password. You may not disclose your password to any third party. We never ask you for your password by telephone or email, and you should not disclose it this way if someone asks you to do so. Although we may offer a feature that allows you to "save" or "remember" your password on your hard drive, please note that third parties may be able to access your computer and thus your Account. 8. To play the Game, you must (a) register here for the ACCOUNT, and (b) have an Internet connection (which we do not provide) to access your Account. In addition to any fees described herein, you are responsible for paying all applicable taxes (including those we are not required to collect) and for all hardware, software, service and other costs you incur to access your Account. Neither this Agreement nor your Account entitles you to any subsequent releases of the GAME, nor to any expansion packs or similar ancillary products. You understand that we may update or otherwise enhance or modify the GAME at any time and in doing so incur no obligation to furnish such updates to you pursuant to this Agreement. 9. Subject to the terms of this Agreement, we hereby grant to you a non-exclusive license to use to play the Game via an authorized Account. You may not copy, distribute, rent, lease, loan, modify or create derivative works, adapt, translate, perform, display, sublicense or transfer any content of the GAME. You may not copy any of the written materials accompanying the GAME or any other websites managed by us. 10. We may terminate this Agreement (including your Account) immediately and without notice if you breach this Agreement or repeatedly infringe any third party intellectual property rights, or if we are unable to verify or authenticate any information you provide to us, or upon gameplay, chat or any player activity whatsoever which is in our sole discretion. If we terminate this Agreement under these circumstances, you will lose access to your Account, and may not be entitled to a refund of any purchased Account modifications or enhancements or features. 11. You may not use our intellectual property rights contained in the Game or the websites controlled by us to create or provide any other means through which the Game may be played by others, as through server emulators. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not access the Game or your Account through other software than standard browsers, wap phones and alike, nor may you use automated programs / bots / scripts to do so. 12. We and our suppliers shall retain ownership of all intellectual property rights relating to or residing in the GAME and websites controlled by us. The Game is a "commercial" item. All data stored on our servers are considered property of us, and we may alter such data at any time. 13. To obtain an Account, you will be required to choose a nickname, an in-game name. While you are encouraged to use a pseudonym, especially if you are a minor, you may not pick a name that violates anyone's trademarks, publicity rights, other proprietary rights, or names that can be found to be insulting. We will determine, in our sole discretion, if a name is unsuitable, and may choose to rename your account to a more suitable name. 14. As part of your Account, you can upload content to our servers in various forms, such as in the selections you make for the Game and in chat rooms and similar user-to-user areas and remote links to alliance banners and alliance flags - collectively, your "Content". Your Content shall not: (a) infringe any third party intellectual property, other proprietary or publicity/privacy rights; (b) violate any law or regulation; (c) be defamatory, obscene, pornographic or harmful to minors; or (d) contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. We may take any action with respect to your Content if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You hereby grant to us a worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise all intellectual property rights, in any media now known or not currently known, associated with your Content. 15. After registering an Account, at any stage that you are using the Account, we may run standard security checks on your IP in order to identify possible vulnerabilities. These checks may come in the form of checking ports on your computer. The information gathered from these random checks will be used for no purposes other than to ensure a fair playing environment for all other users. 16. WE PROVIDE THE ACCOUNT, THE GAME AND ALL OTHER SERVICES "AS IS." WE AND OUR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, we do not ensure continuous, error-free or secure operation of the Game or your Account. Some states / countries do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from region to region. 17. We are not liable for any delay or failure to perform resulting from any causes beyond our reasonable control. Further, we cannot and do not promise or ensure that you will be able to access your Account whenever you want, and there may be extended periods of time when you cannot access your Account. 18. We cannot ensure that your private communications and other personally identifiable information will not be disclosed to third parties. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, we can (and you authorize us to) disclose any information about you to private entities, law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries. You agree that we may communicate with you via email and any similar technology for any purpose relating to the Game and any services or software which may in the future be provided by us or on our behalf. 19. You shall comply with all applicable laws regarding your access to your Account and your playing of the Game. 20. This Agreement is governed in all respects by the laws of the United Kingdom, as such laws are applied to agreements entered into and to be performed entirely within the United Kingdom between United Kingdom residents. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Both parties submit to personal jurisdiction in West Yorkshire and further agree that any cause of action relating to this Agreement shall be brought in a court in West Yorkshire, United Kingdom. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. 21. IN NO EVENT SHALL WE, OUR PARENT, OUR AFFILIATES OR OUR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT, THE GAME, OR THIS AGREEMENT. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO £10. Some regions do not allow the foregoing limitations of liability, so they may not apply to you. 22. All services hereunder are offered by Biggest Brightest Games. Our contact email address is email@example.com. Current rates for using the Game may be obtained from the game site, and such rates are subject to change at any time.