ACCEPTANCE OF TERMS

These Terms of Service (“ToS”) are a legal agreement between Dark Horse Digital Pty Ltd (“DHD”) ACN 166 248 282 and you relating to your use of DHD’s application or game (“the Service”).

By installing, registering with, using or otherwise accessing any DHD Service you acknowledge you have read, understood, accept and agree to be bound by these ToS.

IF YOU DO NOT ACCEPT these ToS DO NOT use the Service.

DHD reserves the right to revise or modify these Terms (“ToS”) at any time and you agree to be bound by any revisions or modifications. By accessing, using or downloading the Service, you acknowledge and agree that you shall be bound by any such revisions. If you do not wish to be bound by any modified ToS, your only remedy is to discontinue your use of the Service and to cancel any accounts you have created using it.

If you fail to comply with these ToS, DHD reserves the right to issue you with a warning regarding your non-compliance and or immediately terminate or suspend any or all accounts you have created using the Service. DHD may change any part of the Service, including its contents, at any time or stop the Service or any part of it, for any reason, without notice to you and without liability.

IMPORTANT NOTICE

The Service is intended for those persons 18 years or older.
Your acceptance of these ToS confirms you are 18 years or older.

DHD may require proof that you meet this condition in connection with your use of the Service. Failure to comply with this condition will result in the closure of your account and the resultant loss of any virtual currency or virtual goods earned through your use of the Service.

INTELLECTUAL PROPERTY (IP) OWNERSHIP

DHD retains all rights in the Service materials including, but not limited to: applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, their selection and arrangement (collectively, the ‘Service materials’).

All the contents of the Service are protected by applicable trademark, copyright/moral rights and private international laws protecting intellectual property and related proprietary rights.

You must not, nor should you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works, rent, sublicense, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than using the Service pursuant to these ToS or otherwise exploit any of the Service Materials without DHD’s explicit, prior written permission.

This shall not apply to the user content you post through the Service, however, all other uses of copyrighted or trademarked material, including any derivative use require prior written permission from DHD.

Any reproduction or redistribution of materials not in accordance with these ToS is prohibited and will result in the termination of your Service account and legal action taken against you. You acknowledge that by using the Service you do not have any ownership rights or by accessing any of the Service Materials, or rights to any related derivative works.

LICENSE

Subject to your agreement and continuing compliance with these ToS, you may use the Service for personal entertainment purposes only by accessing it through your web browser or any other application provided by DHD or its Service Providers or Partners. You may not use the Service for any other purpose.

This license is subject to certain limitations. Any use of the Service in breach of these limitations may result in legal action against you as the account owner.

USE OF THE SERVICE

You agree that your use of the Service will be lawful, that you will comply with these ToS and that you will not:

• Create an account or access the Service if you are under the age of 18.
  • Create false identities, multiple identities, multiple user accounts, set up an account on behalf of someone other than yourself, use bots or other automated software programmes to defraud or otherwise breach these ToS and/or the ToS of any Third Party applications or social networks through which the Service is accessed.
  • Break any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service.
  • Attempt to use the Service on or through any service that is not authorised by DHD. Any such use is at your own risk and may subject you to additional or different ToS. DHD takes no responsibility for your use of the Service through any other service that is not authorised by it.
  • Exploit the Service or any of its parts for any commercial purpose.
  • Reproduce, translate, reverse engineer, modify, disassemble, or decompile, in whole or in part, or create derivative works of the Services.
  • Any attempt to interfere with, hack into or decode any transmissions to or from the servers for the Service or interfere with the ability of others to enjoy using the Service, including disrupt, abuse or aid the disruption or abusing of the Service servers, or take actions that interfere with or materially increase the cost to provide the Service for the enjoyment of all its users.
  • Attempt to disrupt or otherwise assist in the disruption of any computer used to support the Services or any other player’s experience.
  • Infringe upon the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
  • Upload files that contain viruses, trojan horses, worms, time bombs, corrupted files or data, or any other similar software or programmes that may damage the operation of the Service or other customer/users’ computers.
  • Rent, lease, sell, trade, gift, bequeath or otherwise transfer your account to anyone without DHD’s written permission.
  • Access or use an account that has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the account creator without DHD’s written permission.
  • Attempt to obtain passwords or other private information from other members including personally identifiable information (whether in text, image or video form), identification documents or financial information.
  • Upload, post, transmit or otherwise disseminate material that is vulgar, indecent, obscene, pornographic, sexual or that is, in a reasonable person’s view, offensive or objectionable.
  • Post or communicate any person’s real-world personal information using the Service.
  • Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically or in any other manner.
  • Improperly use support channels or complaint buttons to make false reports to DHD.
  • Promote or encourage any illegal activity including, without limitation: hacking, cracking or distribution of counterfeit software, cheats or hacks for the Services.
  • Cheat or use, develop or distribute automation software programmes (“bots”), ‘macro’ software programmes or any other ‘cheat utility’ software programme or applications that are designed to modify the game experience to the detriment of fair play.
  • Use any cheat utilities including but not limited to Smart Games Bonuses Auto Collector or any other bonus collector programme will be considered a breach of these ToS and may result in the suspension of your in-game activity, suspension or termination of your account or any other restriction DHD may wish to enforce.
  • Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms.
  • Advertise, solicit or transmit any commercial advertisements, including: repetitive messages (spim or spam), junk e-mail or chain letters to anyone.
  • Deal with virtual currencies or virtual goods in a manner that breaches these ToS including selling or re-selling virtual currencies or virtual goods or fraudulently obtaining or acquiring virtual currencies, virtual goods or other products or services.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism including, without limitation: clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as spyware, passive collection mechanisms (“pcms”) without DHD’s express permission.
  • Exploit, distribute or publicly inform other members of any game error or bug that gives an unintended advantage.

ACCOUNT, PASSWORD AND SECURITY

When creating or updating an account on the Service, you may be required to provide DHD with certain personal information that may include your name, birth date, e-mail address, and, in some cases, payment information.

This information will be held and used in accordance with DHD’s Privacy Policy provided at the point of information collection or use. You agree that you will supply accurate and complete information to DHD, and that you will promptly update that information when it changes.

During your account creation process, you may be required to select a password (“login information”). The following conditions will determine the security of your login information:

• You do not share your account or login Information, nor let anyone else access your account or do anything else that might threaten its security. DHD will not ask you to reveal your password and will not initiate contact with you asking for answers to your password security questions.
• In the event you become aware of or suspect any breach of security, including, without limitation any loss, theft, or unauthorised disclosure of your login information or unauthorised access to your account, you must NOTIFY DHD IMMEDIATELY and modify your login information.
• You are personally responsible and legally obliged to maintain the confidentiality of your login information.
• You are also responsible for anything that happens through your account, whether or not such actions were made by you; this may include the buying of any credits or In-App purchases. You acknowledge that your account may be terminated if someone else uses it to engage in any activity that breaches these ToS or is otherwise improper or illegal.
• You undertake to monitor your account and to prevent any use by minors. You will deny access to children under the age of 18. You accept full responsibility for any unauthorised use of the Service by minors and you acknowledge that you are responsible for any use of your credit card or other payment instruments e.g. Paypal by minors.
• DHD reserves the right to remove or reclaim any Usernames at any time and for any reason, including but not limited to claims by a Third Party that a username violates the Third Party’s rights.
• You understand that your user ID number, name and profile picture will be publicly available and that Search Engines may index your name and profile photo.
• Any personal information you provide to us when creating or updating your account including your name, birth date, e-mail address, and, in some cases, payment information, will be held and used in accordance with DHD’s Privacy Policy. You agree that you will supply accurate and complete information to us and that you will update that information as soon as practicable should it change.

Termination of Access and Use

We may terminate your access and use of the Service without prior notice if we reasonably believe that you have breached or acted contrary to these ToS. Upon termination, your right to use the Service will be cancelled immediately.
DHD may deactivate and or delete your account, username and password (excluding your Facebook account), all related information and files associated with it, and/or prevent any further access to such information or files.

You agree that we will not be liable to you or any Third Party for any termination of your access to the Service or to any such information or files or be required to make any information or files available to you after termination.

Charges and Billing

In some cases, you may use Facebook Credits, a stored value (gift card), credit or debit card, PayPal, or other similar accounts (each referred to as “Payment Information”) to pay for optional services and/or upgrades. When you provide Payment Information to us (or our designated platform providers, licensees), you represent and warrant that you are the authorised user of the Payment Information that is used to pay such charges. You must notify us as soon as possible of any changes to your Payment Information.

You are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your account, including your family members or friends.

Payment Terms

If you purchase Platform Credits, you are agreeing to the Platform’s Terms relating to them and their payment.

DHD is not responsible or liable for any issues related to the services provided by a Platform to you in connection with the purchase of Platform Credits. Once you have completed your purchase of Platform Credits you may redeem them for in-game currencies or goods.

In-Game Currencies and Goods

The Service may include virtual, in-game currency (“Virtual Currency”) including, but not limited to chips, points, cards or other items that may be purchased from DHD for ‘real world‘ money if you are a legal adult in your country of residence.
The Service may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased from DHD for ‘real world’ money or for Virtual Currency. Conversely, Virtual Currency and Virtual Goods may never be redeemed for ‘real world’ money, goods or other items of monetary value from DHD or any other party.

Other than a limited, personal, revocable, non-transferable, non-sublicensable permission to use the virtual goods or virtual currency in the Service, you have no right nor title in or to any such virtual goods or virtual currency appearing or originating in the Service or any other attributes associated with use of the Service or stored within the Service.

DHD has the absolute right to manage, regulate, control, modify and/or eliminate such virtual currency and/or virtual goods as it sees fit and at its sole discretion. It is not liable to you or anyone for the exercise of such rights.

Transfers of virtual currencies and virtual goods are strictly prohibited except where explicitly authorised within the Service. Outside of the game, you may not buy or sell any virtual currency or virtual goods for ‘real world’ money or otherwise exchange items for value. Any attempt to do so is a violation of these ToS and may result in a lifetime ban from the Services and/or possible legal action.
You agree that all sales of virtual goods and currencies are final. No refunds will be given, except at our sole and absolute discretion.
All virtual goods and currencies are forfeited if your account is terminated or suspended for any reason, or if DHD discontinues providing the Service or any particular game.

Reimbursement and Refund Policy

Reimbursement’ means a compensation for damage or loss of in-game currencies and goods including but not limited to: cash, chips or cards (‘items’). You will be reimbursed if your request was raised within 30 days after the occurrences of damage or loss and the claim has been raised from one of the following damages or losses:

• Damage or loss in items from server instability, server crash, system malfunction, shut down due to maintenance, or operational mistake.
• Damage or loss in items from bug, glitch, code or logic error, erroneous policy, or mistaken operation.
• Damage or loss in items from abnormalities correspondent with activity logs on DHD’s system.
• You do not receive purchased items due to any errors on DHD’s system.
  DHD takes no responsibility for damages, losses, or issues, including but not limited to the following:
  • Damage or loss in items, resulting from unstable settings or circumstances including unstable local internet service, an old-version of web browser/flash player, out-dated PC, web browser error, virus, malware, hacking, duplicate logins to a single account by security breach or ID shares, duplicate logins to a single account in a single web browser, natural disaster, and or black-out.
  • Damage or loss, including unpaid compensation e.g. credit earning from any possible issues caused by the links to Third Party sites.

Refund means a return of real currencies (‘money’) in restitution, repayment, or balancing of accounts. You shall be given a refund for purchased items for any reason if conditions below are satisfied:

• Your refund request was raised within 30 days of purchase.
• A Purchase log exists on DHD’s system.
• The item has not been used.
• EXCEPTION
• A one-time refund is given to you even though the item has been used, but the item must have been spent less than 10%, and this refund is only limited to once on each customer.

Third Party Advertising

You understand that the Service and DHD’s games may feature advertisements from DHD or Third Parties. DHD’s disclosure of information for Third Party advertising is addressed in DHD’s Privacy Policy.

DHD may provide links on the Service to Third Party websites or vendors who may invite you to participate in a Promotional Offer in return for receiving an optional component of the Service and/or upgrades such as in-game currency. Any charges or obligations you incur in your dealings with these Third Parties are your responsibility.

DHD makes no representation or warranty regarding any content, goods and/or services provided by any Third Party even if linked to from our Service, and will not be liable for any claim relating to any Third Party content, goods and/or services.

The linked sites are not under the control of DHD and may collect data or solicit personal information from you. DHD is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect.

The inclusion of any link does not imply endorsement by DHD of these linked sites.

Content

“Content” means the software, communications, images, sounds, and all the material and information perceived or made available from the Service, whether provided by DHD or by users of the Service.

Content also includes any feedback, comments, or suggestions you may provide regarding the Service, other Content, or the Delivery Platforms including any responses provided through User Surveys.

You acknowledge and agree that all content, including, without limitation, all accounts, characters created, and virtual items or in-game currency acquired and developed as a result of gameplay, are the sole and exclusive property of DHD and may be used by DHD (and/or its affiliates, publishing partners, distributors, licensors and licensees) for any purpose, including for commercial or promotional use.

You agree that you may only upload or otherwise transmit on or through the Service content that does not infringe the Intellectual Property rights of any Third Party, and you represent and warrant that any content you do transmit will not infringe the Intellectual Property rights of any Third Party.

If you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the content, you agree to assign sole and exclusive right, title and interest in and to such content to DHD, without additio0nal consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity.

If such assignment is ineffective under applicable law, you hereby grant to DHD the sole and exclusive, irrevocable, sublicensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display, use, and practice such content, and to incorporate the same in other works in any form, media, or technology now known or later developed.

To the extent permitted by applicable laws, you hereby waive any rights of publicity or privacy you may have in such content.

You are granted a limited revocable license to post your own character or any other content that DHD specifically gives you notice may be posted on other websites, on your own personal website or on a Third Party website so long as the website where the link resides complies with all applicable laws, does not obtain any rights to such content other than a non-exclusive license to post it at your direction, and does not in any way infringe the rights of a Third Party.

DHD representatives may monitor certain content on the Service, but cannot monitor or prescreen all of the content on the Service, and will not attempt to do so.

At its discretion and determination, DHD and its administrators have the right, but not the obligation, to edit, refuse to post, or remove any content posted on any Service that are deemed objectionable or violate these ToS or the spirit of it.

If you encounter something you find objectionable and in violation of these ToS, you can bring it to our attention by ‘flagging’ it or reporting it via the in-game support system.

We do not assume any responsibility or liability for content that is generated by users of the Service. You bear the entire risk of the completeness, accuracy or usefulness of content found on the Service.

You acknowledge and agree that DHD may use built-in tracking features to obtain information regarding your use of the Game, and agree that such information is deemed to be content for all purposes under these ToS.

Maintenance and Updates to the Service

You understand that our Service is an evolving one. DHD may require that you understand the scheduled or unscheduled maintenance/updates to the current Service you have installed on your computer.

You acknowledge and agree that DHD may start the maintenance/updates of the Service with or without notifying you. This may result in an unpredictable loss in your account and for which DHD shall not be held liable.

Disclaimer of Warranties

You agree that your use of the Service shall be at your own risk. To the fullest extent permitted by law, DHD, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Service and your use of it including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. DHD makes no warranties or representations about the accuracy or completeness of the content of the Service of the content of any sites linked to the Service and assume no liability or responsibility for any:

• Errors, mistakes, or inaccuracies of content;
• Personal injury or property damage of any nature whatsoever, resulting from your access to and use of the Service.
• Any unauthorised access to or use of DHD’s secure Servers and/or any and all personal information and/or financial information stored in them.
• Any interruption or cessation of transmission to or from the Service.
• Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any Third Party;
• Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.
• At no time will DHD, its directors, officers, agents, contractors, partners and employees, be liable to you or any Third Person for any special, direct, indirect, incidental, special, punitive, or consequential damages including: any lost profits or lost data arising from your use of the Service or other materials on, accessed through or downloaded from the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not DHD has been advised of the possibility of these damages.
• The previous limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that DHD will not be liable for user submissions or defamatory, offensive, or illegal conduct by any Third Party and that the risk of harm or damage rests entirely with you, the user.

Indemnity

You agree to indemnify and hold DHD, and each of its directors, officers, agents, contractors, partners and employees harmless from and against any loss, liability, claim, demand, damages, costs or expenses including reasonable lawyer’s fees, arising out of or in connection with:

• Your use of and access to the Service.
• Your breach of any clause of these ToS.
• Your breach of any Third Party right, including without limitation any copyright, property or privacy right.
• Any claim that a user submissions made by you has caused damage to a Third Party; or
• Any customer/user content you post or share on or through the Service.

  EXCEPTIONS
  Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. In such jurisdictions, our liability will be limited to the fullest extent permitted by applicable law.

Waiver and Severability

The failure of DHD to enforce any right or provision of these ToS will not be deemed a waiver of such right or provision. In the event that any provision of these ToS is held to be invalid or unenforceable, the remaining provisions of these ToS will remain in full force and effect.

Dispute Resolution

DHD reserves the right, but has no obligation, to monitor and/or manage disputes between you and other users of the Service. If you have a dispute with other users, you release and hereby agree to indemnify DHD 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 a dispute.

General

These ToS and any action related to them shall be governed by the laws of the State of Queensland, Australia. The parties agree that the sole and exclusive forum for any claim or dispute arising out of or relating to these ToS will be in a Queensland court. The parties consent to the jurisdiction of such courts.

DHD reserves the right to amend these ToS at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the service following any amendment of these Terms of Service will signify your consent to and acceptance of any revised ToS.

You agree that any legal matter(s) arising out of or related to the Service must commence within 30 days of your written notification to DHD raising it/them. Your failure to do so within the specified time-frame will negate any future liability against DHD or legal action you may wish to take against it.

If you do not agree with the ToS in this document, please discontinue using any of DHD’s services. If there are any questions regarding these Terms and Conditions you may contact us here: Feedback[at]bamgameonline[dot]com.

Review of Terms of Service

We reserve the right to review these ToS at any time. If we do this, we will post the changes to them on this page and will indicate at the top of this page the date they will become effective.

We will attempt to give you advance notice of any substantive changes but reserve the right to make such modifications immediately if and when required.

Your use of the Services after any such changes become effective constitutes your acceptance of the new ToS. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Service.

It is your responsibility to check to determine if there have been changes to these ToS and to review such changes.