BATTLEDEX ("GAME") USER AGREEMENT AND SOFTWARE LICENSE ("LICENSE")
UPDATED September 16, 2010
PLEASE READ THE FOLLOWING CAREFULLY AND IN ITS ENTIRETY. THIS LICENSE DESCRIBES THE TERMS ON WHICH BANDERA GAMES LLC ("BANDERA") OFFERS YOU ACCESS TO AN ACCOUNT TO PLAY THE GAME.
BY CLICKING "I ACCEPT" AT THE BOTTOM OF THIS LICENSE, YOU ACCEPT ALL TERMS OF THE LICENSE. BANDERA MAY, AT ANY TIME, ADD, REMOVE, OR MODIFY THIS LICENSE BY POSTING A REVISED LICENSE AND IDENTIFYING THE DATE OF THE UPDATE. YOUR CONTINUED USE OF THE GAME CONSITUTES YOUR AGREEMENT TO ALL SUCH TERMS. SHOULD YOU CHOOSE TO DECLINE, CLICK THE "I DECLINE" BUTTON, AT WHICH POINT YOU WILL BE UNABLE TO DOWNLOAD, USE OR PLAY THE GAME, GAME SERVICE (DEFINED BELOW), OR ACCOUNT (DEFINED BELOW).
1. BattleDex Description.
BattleDex is an online game service ("Game Service") that allows you to play the Game when you
(a) obtain a copy of the Game either on CD-ROM ("CD") or via download from a BANDERA web site or a designated partner site ("Download"), which includes software and associated media, printed materials and/or electronic documentation,
(b) set up an account through the Game Service ("Account"), and
(c) utilize any software programs provided to you as an Account holder through the Game Service (together with the CD and Download, hereinafter, "Software").
In the Game, you will create a library of licensed digital objects that depict Battle Dex trading cards, points, packs, avatars, and events that allow one to enter into tournaments, and you will obtain a limited license for the right to use such digital objects. You will not acquire any ownership interest in the digital objects.
To play the Game, you must have at least the minimum system requirements to operate the Game and an Internet connection to access your Account. You are responsible for paying all taxes and for all hardware, software, service and other costs you incur to access your Account. Bandera may modify features, functions or abilities of any element of the Game, Game Service, Software or any digital objects in its discretion without notice to you.
2. Account Eligibility.
The Account is personal to you and may not be transferred, sold or used by anyone else. The Game and Game Service are available only to individuals eighteen (18) years of age and older. If you are between the ages of thirteen (13) and eighteen (18), your parent or guardian must complete the registration process, in which case the parent or guardian will take full responsibility for all obligations under this License. By clicking the "I Accept" button you represent that you are at least eighteen (18) years of age and are either accepting this License on behalf of yourself or on behalf of your child. You may not transfer, sell, or share your Account with anyone, unless you are a parent or guardian, in which case you may permit one child to use the Account instead of yourself. You are liable for all activities conducted through the Account.
2.1a Eligibility (United States).
You must be physically located in a U.S. state in which participation in the tournaments offered on this Site is unrestricted by law. Rules governing sweepstakes, contests, and tournaments with entry fees and/or prizes are established by individual states. Based on those laws, residents of the following states may not participate in fee-based tournaments with prizes through the Site: Arizona, Arkansas, Connecticut, Delaware, Florida, Iowa, Louisiana, Maryland, Nevada, Tennessee, Texas, Vermont, and Washington. You must be physically located in a U.S. state in which participation in the tournaments offered on the Site is unrestricted by law.
2.1b Eligibility (Non-U.S.).
You are subject to all laws of the state, province, and/or country in which you reside and from which you access the Site, and you are solely responsible for obeying those laws. You agree the Site cannot be held liable if laws applicable to you restrict or prohibit your participation. The Site makes no representations or warranties, implicit or explicit, as to your legal right to participate in any tournament offered on the Site, nor shall any person affiliated with or claiming affiliation with the Site have authority to make any such representations or warranties.
Bandera may require any participant receiving any prize to provide proof that he or she is eligible to participate according to Sections 2.1a and 2.1b. You remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your state, province, and/or country of residence.
The Game Service is not directed to children under the age of thirteen (13). As such, if you are under the age of thirteen (13) you may not create an Account and are asked not to provide any personal information to Bandera.
Game Service users ("Members") whose Accounts have been previously terminated by Bandera may not access the Game Service in any manner or for any reason without the express written permission of Bandera. Active Members may not allow former Members to use the active Members' Account or User Name.
3. Security and Passwords.
Upon registration, you must select a User ID and password. You may not pick a User ID that violates anyone's trademarks, publicity rights or other proprietary materials, or violates any other policies of the Game Service. You are responsible for maintaining the confidentiality of your password and for any harm resulting from your disclosure or from use by any person of your password to gain access to your Account and User Name. You may not disclose your password to any third party. You are responsible for all uses of your user name and password, whether or not authorized by you. Bandera will never ask you for your password; as such you should never disclose your password to anyone. There may be an additional charge to reissue lost passwords. You acknowledge that although we may offer a feature that allows you to "save" or "remember" your password on your hard drive, this feature makes it possible for third parties to access your computer and thus your Account. Should you choose to utilize this password memory feature, it will be at your own risk. Any attempt to deceive another user for the purposes of illicitly obtaining cards, passwords, account information etc. (aka "scamming") is prohibited and may result in the immediate termination of your account and loss of all cards therein.
5. Fees for Product and Service.
Fees for Game Product and billing procedures are contained at the billing section at http://www.battledexgame.com/pricing.php ("Payment/Pricing Page") which are incorporated by reference. All fees are stated in U.S. Dollars. All fees must be prepaid and are non-refundable, unless otherwise expressly stated for the product. Upon your acceptance of this License, you authorize us to charge your credit card for any applicable fees plus taxes. If your credit card cannot be processed at any time, your Account, and this License, may be immediately terminated. Prices and fees apply to the purchase or redemption of Game products, including without limitation, Subscriptions, points, online trading cards, card packs, card decks, tournament packs, and tournament points.
Some Game products may be offered and billed on a recurring basis ("Subscription"). If you Subscribe to any Gameproducts that are offered and billed on a recurring basis, your Subscription will renew automatically unless you affirmatively cancel your subscription no less than fourteen (14) days before the end of your current billing cycle.
Fees for any Subscription will be collected from the bank, credit, or debit account you submit until and unless you choose another form of payment or cancel your subscription to such Subscription. The name "BANDERAGAMES" will appear on your statement.
Bandera may change its Game products, Subscriptions or fees and/or billing procedures upon notice of the changes that shall be posted on the Payment Page. You are responsible for reviewing the Payment Page to obtain timely notice of such changes. If any such change is unacceptable to you, you may terminate your Account as provided in Section 15. Your continued use of the Game and Game Service fifteen (15) days after posting of the changes on the Payment Page will indicate acceptance of such changes. You are fully liable for all charges under your Account, including any unauthorized charges. When you pay for any charges by credit card, you represent to Bandera that you are the authorized user of such credit card. You agree to promptly notify Bandera of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify Bandera if your credit card expires or is canceled for any reason.
6. Game and Forum Conduct and Use.
You agree to be personally responsible for your use of this Game and Game Service and conduct yourself in a lawful and respectful manner. You agree to follow the Game's Rules of Conduct published by Bandera ("Rules of Conduct"), which are available here http://www.battledexgame.com/conduct.php and are incorporated by reference. Bandera may change the Rules of Conduct at any time. You acknowledge, however, that Bandera does not pre-screen Member content or communication over the Game Service. Certain areas of the Game Service provide access to online forums or chat rooms ("Forums"). Discussion Forums and e-mail submissions over the Internet may not be secure. Please consider this fact prior to e-mailing any personal or confidential information. Bandera does not endorse, and specifically disclaims any responsibility or liability for any content in the Forums. In addition, Bandera, in its sole discretion, reserves the right to delete, move or edit content, in whole or in part, submitted to the Forums if it deems the content to be abusive, defamatory, obscene, in violation of intellectual property, privacy or other proprietary rights, in violation of this License, or for any other reason. You agree to use the Forums only to post, send and receive messages and material that are proper, related to the subject matter of the Forums and that comply with applicable law. By using the Forums, you agree to any additional terms and conditions posted at the Forums.
Bandera has no obligation to monitor the Forums. However, Bandera reserves the right to review materials posted to the Forums and to remove any materials in its sole discretion. Bandera reserves the right to terminate your access to any Forum at any time, without notice, for any reason whatsoever. Furthermore, Bandera reserves the right at all times to disclose any information as Bandera deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Banderas' sole discretion.
7. Intellectual Property Rights and Grant of License
Subject to the terms of this License, Bandera hereby grants you a non-exclusive limited license ("License") to use the Software, Game Service, Game Products, and Subscriptions solely in connection with playing the Game via your authorized and fully paid Account. This License includes the right to trade online objects through the Game Service and to redeem prizes, subject to the terms hereof. Except as provided by this License and the Rules of Conduct, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, or create derivative works from any information, software, products or services obtained from the Game or the Game Service. The Game and any Game Products are made available solely for use by end users according to the terms of this License. Any reproduction or distribution of the Game or Game products not in accordance with this License is expressly prohibited by law, and may result in severe civil and criminal penalties. You may not modify, reverse engineer, disassemble or decompile the Software except to the extent that this restriction is expressly prohibited by applicable law. You may not use the intellectual property contained in the Game, Game Service or the Software to create or provide any other means through which others may play the Game, as through server emulators. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Should you do so, your Account may be terminated. Neither this License nor your Account entitles you to any subsequent releases of the Software, or to any Game products, including without limitation, online trading cards, card packs, poitns, tournament packs, and tournament entries. From time to time, Bandera may release such Game products, which may be obtained for a separate fee. Bandera may update or otherwise enhance the Software at any time and in doing so incurs no obligation to furnish such updates to you pursuant to this License.
Bandera and its suppliers shall retain ownership of all intellectual property rights relating to or residing in the CD, the Download, the Software, the Game Service, the Game products, and the Game.
You grant to Bandera the unrestricted and irrevocable right (at no fee) to use, copy, modify, publish, perform, transmit, and display any content you submit via any media, and waive any moral rights you may have in such content.
All contents of the Bandera Web Site, the CD, the Download, the Software, the Game Service, the Game Products, and the Game are: Copyright (c) 2009-20010 Bandera Games LLC, 502 West 30th Street, Austin, TX 78705 USA. All rights reserved.Bandera Games, BattleDex, the BattleDex logo, the card graphics and characters are owned by Bandera Games LLC. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved to Bandera.
8. DISCLAIMER OF WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BANDERA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CD, THE DOWNLOAD, THE SOFTWARE, THE GAME SERVICE, THE GAME PRODUCTS, THE GAME, THE ACCOUNT, AND ALL OTHER SERVICES INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BANDERA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE CD, THE DOWNLOAD, THE SOFTWARE, THE GAME SERVICE, THE GAME PRODUCTS, THE GAME, THE ACCOUNT, AND ALL OTHER SERVICES FOR ANY PURPOSE. THE CD, THE DOWNLOAD, THE SOFTWARE, THE GAME SERVICE, THE GAME PRODUCTS, GAME, THE ACCOUNT, AND ALL OTHER SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
FOR YOUR CONVENIENCE, BANDERA MAY MAKE AVAILABLE AS PART OF THE CD, THE DOWNLOAD, THE SOFTWARE, THE GAME SERVICE, THE GAME, THE ACCOUNT, AND ALL OTHER SERVICES, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. BANDERA DOES NOT MAKE ANY WARRANTIES, ASSURANCES OR REPRESENTATIONS WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM USE OF ANY SUCH TOOLS AND UTILITIES. YOU AGREE TO RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE. SOME STATES TO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES; AS SUCH THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU IN ITS ENTIRETY.
9. LIMITATION OF LIABILITY/INDEMNIFICATION.
IN NO EVENT SHALL BANDERA BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION FOR CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE CD, THE DOWNLOAD, THE SOFTWARE, THE GAME SERVICE, THE GAME PRODUCTS, THE GAME, THE ACCOUNT, AND ALL OTHER SERVICES, PROVISION OF OR FAILURE TO PROVIDE RELATED SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES. BANDERA'S LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO $15. SOME STATES DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY; AS SUCH THEY MAY NOT APPLY TO YOU IN THEIR ENTIRETY. YOU AGREE TO INDEMNIFY AND HOLD BANDERA, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS AND EMPLOYEES HARMLESS FROM ANY CLAIM, DEMAND, OR DAMAGES, INCLUDING REASONABLE ATTORNEY'S FEES, ASSERTED BY ANY THIRD PARTY ARISING IN CONNECTION WITH YOUR USE OF YOUR ACCOUNT, THE GAME, THE GAME SERVICE, OR ANY OF THE FORUMS.
10. Technical Difficulties/Game Termination.
Bandera does not ensure continuous, error-free, secure, or virus-free operation of the Game Service, the Game, or your Account. Bandera shall not be liable for any delay or failure to perform resulting from technical difficulties. Further, Bandera cannot and does 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. Bandera may modify or cancel any element of the Game Service or Game in its sole discretion.
11. No Unlawful Or Prohibited Use.
As a condition of your use of the Game and Game Service, you agree you will not use the Game or Game Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Game or Game Service in any manner that could damage, disable, overburden, or impair any Bandera web site or service (or the network(s) connected to any Bandera web site or service) or interfere with any other party's use and enjoyment of any Bandera web site or service. You may not attempt to gain unauthorized access to any Bandera web site or service, other registrations, accounts, computer systems, or networks connected to any Bandera web site or service, through hacking, password mining, or any other means. You may not cheat or steal or obtain or attempt to obtain any materials or information through any means not intentionally made available through any Bandera web site or service. Any use of third party software in conjunction with the Game, Game Service, or Software is at your own risk and Bandera is not responsible for any damage, loss, or failure associated with such use.
The parties hereby declare, and by these presents confirm, their express desire that this contract be written in English. Les parties déclarent qu'elles ont demandé et par les présentes confirment leur desir exprés que cette convention soit rédigee en anglais.
14. No Assignment.
This License is personal to you, and may not be assigned.
15. U.S. GOVERNMENT RESTRICTED RIGHTS AND EXPORT RESTRICTIONS. U.S. GOVERNMENT RESTRICTED RIGHTS
The CD, the Download, the Software, the Game Service, and the Game are provided with RESTRICTED RIGHTS. Use, duplication or disclosure is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer Software--Restricted Rights at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR supplement, as applicable. Manufacturer is Bandera Games LLC, 502 West 30th Street, Austin, TX 78705 USA. You are responsible for complying with all trade regulations and laws both foreign and domestic. You acknowledge that none of the CD, the Download, the Software, the Game Service, and the Game or underlying information or technology may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country subject to a U.S. embargo; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Parties List or Entity List. By using the CD, the Download, the Software, the Game Service, or the Game you are agreeing to the foregoing and are representing and warranting that (i) no U.S. federal agency has suspended, revoked, or denied you export privileges; (ii) you are not located in or under the control of a national or resident of any such country or on any such list; and (iii) you will not export or re-export the CD, the Download, the Software, the Game Service, and the Game to any prohibited county, or to any prohibited person, entity, or end-user as specified by U.S. export controls.
This License is governed by the laws of the State of California, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Los Angeles County, California, U.S.A. for all disputes arising out of or relating to this License. Use of the Game or Game Service is unauthorized in any jurisdiction that does not give effect to all provisions of this License. If any part of this License is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty, disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the License shall continue in effect. A printed version of this License and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this License to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.