You are responsible for any Internet connection fees that you incur when accessing the Service.
II. Privacy & Data Collection
You understand, acknowledge and agree that public communications on BHVR Services, including bhvr.com are not private or confidential, and may be viewed and used by others accessing the BHVR Services.
A. Opening & Maintaining Account
While some BHVR Services may be generally accessed by the public, certain aspects of the Website (e.g. posting in the Forums) and the use of certain BHVR Services requires you to create an account (the “Account”). If you have questions about registration for an Account, please contact us at firstname.lastname@example.org .
Only “natural persons,” as opposed to any kinds of legal entities (e.g., corporations, limited liability companies, and/or partnerships), shall have the privilege of establishing an Account. By entering into this Agreement and creating an Account, you represent that you are an adult and have the legal capacity to enter into a contract in the jurisdiction where you reside. You agree to comply with this Agreement on behalf of yourself and, at your discretion, any minor children for whom you are the parent or legal guardian and whom you have authorized to play the Game using your Account. You further agree that you are entirely liable for all activities conducted through your Account, and are responsible for ensuring that you and/or your child is aware of, understands, and complies with the terms of this Agreement and any and all other Overall Terms.
You are solely responsible for all activity on your Account including purchases, whether or not authorized by you. Your Account may be terminated if someone else uses it to engage in activity that violates the Terms of Service or is otherwise improper or illegal. You should not reveal your Account password to others. BHVR will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions.
We have implemented physical, electronic and managerial procedures in order to help safeguard and prevent unauthorized access, use, alteration, modification and/or disclosure of your personal information. Although we use reasonable efforts to safeguard the security of your personal information, transmissions made on or through the Internet and personal information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify BHVR by emailing email@example.com.In addition, submissions made via e-mail are not protected by encryption and are vulnerable to interception during transmission.
B. Rules of Conduct
“User Content” as referred to herein means all forms of communication, messages, information, data, text, software, graphic files, or other materials, whether in written, verbal, electronic, digital, machine-readable or any other form, whether now known or hereafter to become known, which is contributed to the Website or any BHVR Service by anybody other than BHVR.
- Post, transmit, promote, or distribute User Content that is illegal.
- Harass, threaten, embarrass, or do anything else to another user that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.
- Transmit, or facilitate distribution of User Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable. Hate speech is not tolerated.
- Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, “spamming” or flooding [posting repetitive text].
- Impersonate another person (including celebrities), indicate falsely that you are a BHVR employee or a representative of BHVR, or attempt to mislead users by indicating that you represent BHVR or any of BHVR’s partners or affiliates.
- Attempt to get a password, account information, or other private information from anyone else on BHVR Services.
- Upload User Content that you do not own or have permission to freely distribute.
- Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
- Upload files that contain a virus or corrupted data.
- Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
- Improperly use web support or complaint buttons or make false reports to BHVR staff.
- Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
- Modify any part of the BHVR Services that BHVR does not specifically authorize you to modify.
- Post or communicate any user’s real-world personal information using a BHVR Service.
- Attempt to interfere with, hack into or decipher any transmissions to or from the servers for a BHVR Service.
- Attempt to use BHVR Software on or through any service that is not controlled or authorized by BHVR.
- Exploit the Game or any of its parts thereof or BHVR Services, for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other location-based site; (b) for gathering in-game virtual, items or resources for sale outside the Game; or (c)performing in-game services in exchange for payment outside the Game, e.g., power-leveling.
- Interfere with the ability of others to enjoy playing a BHVR Service or take actions that interfere with or materially increase the cost to provide a BHVR Service for the enjoyment of all its users.
- Exploit errors in design, features which are not documented, and/or bugs to gain access that would otherwise not be available or to obtain any competitive advantage.
- Reverse engineer, decompile or disassemble all or any portion of the Website, Game or other BHVR Service.
- Facilitate, create or maintain any unauthorized connection to the Game or the Website, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Website; and (b) any connection using programs or tools not expressly approved by BHVR;
This above-referenced list of prohibitions only provides examples of unacceptable conduct and is not intended to be a complete or exclusive list of prohibited conduct. Your online conduct should be guided by common sense and respect for others who access and use the Website (whether or not such third parties are registered users of the Website) and for the employees and representatives of BHVR. You must also obey all federal, provincial, state, and local laws, regulations and rules that apply to your activities when you use BHVR Services. BHVR reserves the right to terminate your Account and to prevent your use of any and all BHVR Services if your Account is used to engage in illegal activity, violates these rules of conduct, or otherwise any Overall Terms.
If you encounter another user who is violating any of the rules of conduct, please report this activity to BHVR by contacting firstname.lastname@example.org .
C. Consent to Monitor
When you play the Game, or participate in any other BHVR Service, including the communication features on the Website, your IP address (the Internet protocol address from which you access any of the above) may be stored in our records. When the Game, or any element or module thereof, is updated or “patched,” our patch routine may check your computer to see that you have the most recent version of game-specific files; when you communicate within the Game or any communication feature in the Game or on the Website (e.g. live chat, instant message services and the like), even “privately” to another person, you do so with the understanding that those communications go through our servers, can be monitored by us. Accordingly, you have no expectation of privacy in any of those communications and, accordingly, you expressly consent to monitoring of communications that you send and receive.
You agree that we may communicate with you via telephone, email and any similar technology for any purpose relating to the Game, and any BHVR Service or BHVR Software which may in the future be provided by us or on our behalf. You expressly permit BHVR to upload CPU, operating system, video card, sound card and memory information from your computer to analyze and optimize your Game experience, improve and maintain the Game and/or provide you with customer service. In the event that the Game detects an unauthorized third party program, (a) the Game may communicate information back to us, including without limitation your Account username, details about the unauthorized third party program detected and the activities or functions performed thereby, and/or (b) we may exercise any or all of its rights and remedies under the Overall Terms without prior notice to the user(s) linked to such unauthorized third party program.
D. Termination of BHVR Account & Services by BHVR
In addition, BHVR reserves the right to terminate any BHVR Service at any time by giving you notice of such termination within the time period specified when you joined the particular BHVR Service, or if no time period for notice of termination was specified, then within ten (10) days of the date such notice is posted on the applicable BHVR Service.
E. Cancellation of a BHVR Account by you
BHVR reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a subscription to a BHVR Service. You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with BHVR Services must be settled before you establish a new BHVR Account.
IV. Charges & Billing
Some BHVR Services require payment of a fee. You must have an Account and pay the subscription or other fees to participate in these Services. For information about subscription and other fees for particular services contact us at email@example.com . BHVR reserves the right to change its prices, fees, or billing methods at any time.
BHVR may take preorders related to certain Games. You may select one or more of the packages offered on the Website and pay the indicated amount(s) in accordance with the following terms agreed between you and BHVR:
- Your payment is a deposit to be used for (a) the production and delivery cost for the package (“Package Cost”), and (b) the development and production cost of the Game, including the Website cost, and BHVR’s corporate expenses associated with the foregoing (the “Game Cost”).
- The deposit shall be earned by BHVR and become non-refundable to the extent that it is used for the Package Cost and the Game Cost, with your deposit being applied as follows: first to the Package Cost, and then to the Game Cost in a percentage equal to the total applied Game Cost in relation to the total deposits of all contributors remaining after the Package Cost.
- BHVR agrees to use its good faith business efforts to deliver to you the packages and the Game on or before the estimated delivery date. However, you acknowledge and agree that delivery as of such date is not a promise by BHVR since unforeseen events may extend the development and/or production time. Accordingly, you agree that any unearned portion of the deposit shall not be refundable until and unless BHVR has failed to deliver the pledge items and/or the Game to you within 12 months after the estimated delivery date.
- For the avoidance of doubt, in consideration of BHVR’s good faith efforts to develop, produce, and deliver the Game with the funds raised, you agree that any deposit amounts applied against the Package Cost and the Game Cost as described above shall be non-refundable regardless of whether or not BHVR is able to complete and deliver the Game and/or the pledge items. In the unlikely event that BHVR is not able to deliver the Game and/or the pledge items, BHVR agrees to post an audited cost accounting on its website to fully explain the use of the deposits for the Game Cost and the Pledge Item Cost. In consideration of the promises by BHVR hereunder, you agree to irrevocably waive any claim for refund of any deposit amount that has been used for the Game Cost and Package Cost in accordance with the above.
- Once BHVR has made all items available to you and the Game has been commercially released to the public, all your payments for any BHVR Services until such time shall become, and any payments thereafter shall be non-refundable in whole or in part.
B. Paid Subscription Services or VIP memberships
If you pay a recurring (e.g. monthly) subscription for a BHVR Service (also known as a VIP membership), BHVR will provide you with notice of any changes to the fees or billing methods at least thirty (30) days in advance by posting such changes on the Website. You are responsible for reviewing the Website to obtain timely notice of such changes. Your continued use of the BHVR Service thirty (30) days or more after posting of the changes means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but BHVR will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription. If your use of BHVR Services is subject to use or sales tax, then BHVR may also charge you for any such taxes, in addition to the subscription or other fees.
Trial subscriptions. For some BHVR Services, BHVR may offer a free trial subscription. If you accept a free trial subscription, BHVR will begin to bill your Account for that BHVR Service when the free trial subscription expires, unless you cancel your subscription before that time. You are always responsible for any Internet service provider, telephone, wireless and other connection fees that you may incur when using BHVR Services, even when we offer a free trial subscription. Trial subscriptions are not transferable.
C. Payment Options and Information
You may make payment using the methods available for the particular BHVR Service and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by BHVR Service. When you provide credit card or other payment information to BHVR, you represent to BHVR that you are the authorized user of the credit card or other payment method.
You must provide current, complete, and accurate information for your billing account. BHVR does not receive any confidential payment data from its payment providers, and BHVR is not responsible for their performance. You must promptly update all information with the payment provider to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify BHVR if your credit card is canceled (for example, for loss or theft). Changes to such information can be made by contacting customer service at firstname.lastname@example.org . Customers who use a payment method other than credit card may incur an additional payment processing fee, and may not be able to automatically renew subscriptions. Any separate charges or obligations that you incur in your dealings with the third party payment providers are your responsibility. BHVR reserves the right to change such payment providers at any time.
As the Account holder, 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 or friends. This means that, unless your Account or payment information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your Account, you will be responsible for all usage and purchases on your Account.
D. Virtual Goods
You agree that BHVR reserves the right to manage, regulate, control, modify and/or eliminate, game elements, including but not limited to characters, accessories, items such as “character customization”, points, and credits (collectively, “Virtual Goods”) therein. All Virtual Goods remain the property of BHVR. You acknowledge that BHVR may, in its sole discretion, in any general or specific case, modify features, functions or abilities of any element of its games or any Virtual Goods (which may, among other things, make the Virtual Goods substantially more valuable, effective or functional, or less valuable, effective or functional, more common or less common, or eliminated entirely). You acknowledge and agree that all Virtual Goods represent a limited license right governed by the Overall Terms, and are not redeemable for any sum of money or monetary value from BHVR at any time.
F. Fees Charged By Third-Party Websites and Vendors
We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any fee that you may pay to BHVR. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.
V. Intellectual Property
“Content” as used herein includes (1) software, software updates or patches, or other utilities and tools from BHVR or its licensors (“BHVR Software”) and (2) other software, technology, text and audio visual material, the design and appearance of the Website. The foregoing includes, without limitation, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, story lines, dialogue, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, character likenesses, user Accounts, and methods of operation. Content is provided by BHVR and its licensors, and may also be contributed as User Content (see Section V.D below) by you or third parties, including other users of BHVR Services.
BHVR reserves the right to remove any Content that is objectionable to us for any reason. The decision to remove Content is in BHVR’s sole and final discretion. To the maximum extent permitted by applicable law, BHVR does not assume any responsibility or liability for User Content, or for any failure to or delay in removing such Content.
B. BHVR Ownership
Content in BHVR Services is owned by BHVR or BHVR’s third party licensors and is protected by Canadian and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from a BHVR Service unless our terms expressly authorize you to do so. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Content. BHVR reserves all rights in BHVR owned and licensed Content that are not expressly granted to you in Overall Terms. You acknowledge that BHVR and/or third-party content providers remain the owners of all materials posted on the Website and in the Game, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
Making unauthorized copies of Content found on BHVR Services may result in the termination of your Account(s), prohibition on use of BHVR Services, and further legal action. Content owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless BHVR from any unauthorized or illegal conduct by you, or through the use of your Account, on BHVR Services.
C. Limited Use License
From time to time, BHVR may provide you with updates or modifications to BHVR Software. You understand that certain updates and modifications may be required in order to continue the use of BHVR Software and BHVR Services.
D. User Content
In exchange for BHVR enabling your contribution of User Content (as defined in Section III. B. above), when you contribute User Content to a BHVR Service, you expressly grant to BHVR a non-exclusive, perpetual, royalty-free, worldwide, complete and irrevocable right to quote, re-post, use, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the User Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant BHVR all licenses, consents and clearances to enable BHVR to use such User Content for such purposes. You waive, and agree not to assert any droit moral or similar rights you may have in such User Content.
If the BHVR Service on which you contribute User Content permits other users to access and use that contributed User Content as part of the BHVR Service, than you also grant all other users of the relevant BHVR Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your contributed User Content on or through the relevant BHVR Service without further notice, attribution or compensation to you.
BHVR respects the intellectual property rights of others. You must have the legal right to upload Content to BHVR Services. You may not upload or post any User Content on BHVR Services that is protected by copyright, trademark or other intellectual property rights unless (i) you are the owner of all of those rights; or (ii) you have the prior written consent of the owner(s) of those rights to make such use of that User Content. BHVR may, without prior notice to you and in its sole judgment, remove User Content that, in BHVR’s good faith judgment to be exercised in its sole discretion, may infringe the intellectual property rights of a third party. If you are a repeat infringer of BHVR’s or a third party’s intellectual property rights, BHVR may terminate your Account without notice to you with the consequences set forth in Section III.D above.
BHVR does not pre-screen all User Content and does not endorse or approve any User Content that you and other users may contribute to BHVR Services. You are solely responsible for your User Content and may be held liable for User Content that you post. You bear the entire risk of the completeness, accuracy or usefulness of any User Content found on the Website or other BHVR Services.
E. Unsolicited Creative Submissions
BHVR places a particular value on its interaction with its customers and fans, However, without a prior submission agreement having been executed by the submitting party, neither BHVR nor any of its employees and/or contractors may accept or consider unsolicited ideas, original creative artwork or other works, including, without limitation, ideas or suggestions for new or improved games or technologies, game or product enhancements, marketing plans or names for new games (collectively “Unsolicited Ideas”). Please do not send your Unsolicited Ideas to BHVR or its employees and/or contractors without first contacting email@example.com to obtain a copy of the BHVR submission agreement, and returning it signed to BHVR. This policy is aimed at avoiding potential misunderstandings or disputes when BHVR’s products or services might seem similar to Unsolicited Ideas that are submitted. BHVR reserves the right to refuse receipt of any submissions, or the conclusion of a submission agreement with anyone.
If you do submit your Unsolicited Ideas to BHVR or to any of its employees and/or contractors despite this policy, then you hereby acknowledge and agree that, from the time of transmission or dispatch, you grant BHVR, and its designees a worldwide, perpetual, irrevocable, sublicenseable, transferable, assignable, non-exclusive and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import your Unsolicited Ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, giving the Unsolicited Ideas to others, without any compensation to you. To the extent necessary, you agree that you undertake to execute and deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights to use the Unsolicited Ideas granted to BHVR as specified above are valid, effective and enforceable. You also give up any claim that any use by BHVR and/or its licensees of your Unsolicited Ideas violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set for therein.
F. Fan Websites
Solely in connection with your fansite or your fansite pages dedicated to BHVR Services and/or the Game, we may (in our sole discretion) grant you, on a non-exclusive and non-sublicensable basis, permission to reproduce and redistribute on the fansite to end users, certain BHVR Services-related images, graphics or artwork (the “BHVR Fansite Content“) and certain BHVR trademarks and logos (the “BHVR Marks“) that BHVR may expressly designate “for fansite use” on the Website (or in separate electronic or written communications to you) so long as you comply with the terms and conditions described herein. You acknowledge and agree that BHVR shall have the right to amend, delete, add to, or otherwise modify any BHVR Fansite Content used or accessed by you, without prior notice.
As the operator of an independent, unaffiliated web site, you will have sole editorial control over the fansite, except that you represent and warrant to BHVR that the fansite will not post material that is illegal or infringes on the rights of third parties or harms the reputation of any BHVR Service, or BHVR, or its officers or employees. If at any time you post such disparaging material, or material that is illegal or infringes upon the rights of any third party, BHVR may terminate the grant set forth in this Section. Your ownership in the fansite excludes the BHVR Fansite Content and BHVR Marks and excludes any derivative works based upon, or including the BHVR Fansite Content and/or BHVR Marks. The fansite is not a joint, collective or collaborative work under any applicable laws. You agree to include BHVR’s trademark, copyright or other proprietary rights notices, as provided on the Website, when displaying BHVR Fansite Content or BHVR Marks, and agree to comply with usage guidelines that may be provided by BHVR from time to time. You shall not remove or alter any identifying information or copyright management information conveyed in connection with copies of BHVR Fansite Content or BHVR Marks, including in digital form; nor challenge BHVR’s or its licensors’ ownership of the BHVR Fansite Content or BHVR Marks, nor use or adopt any trademarks that might be confusingly similar to such BHVR Marks.
BHVR reserves all rights, title and interest in and to the BHVR Fansite Content and BHVR Marks which are not expressly granted herein. You shall not rent, lease, reproduce, modify, translate or create derivative works of the BHVR Fansite Content except as expressly permitted herein, nor create any derivative works (including without limitation fiction or visual art) from, or in any way exploit, any of the heroes, weapons, other Content contained in the Game or on the Website, without the express written permission of BHVR. BHVR does not consent to the protection under the copyright law of any unauthorized derivative work. The creation and sale of merchandise based on the Game, the Website, or upon BHVR Fansite Content or BHVR Marks is expressly prohibited.
If you intend to charge a subscription or access fee to generate revenue from the fansite, we would require you to execute a license agreement with us. The limited permission granted herein with respect to fansite use of certain BHVR Fansite Content and BHVR Marks does not cover such circumstances.
Under no circumstances will BHVR be liable to you for any direct, indirect, incidental, consequential, special or exemplary damages, including lost profit or lost revenues, of any kind in connection with this permission. BHVR reserves the right in its sole discretion to expressly refuse this permission to any particular fansite, or to revoke this permission at any time.
G. Interviews and Filming at Events
BHVR may elect to record or film interviews with you and to create other audio-visual material depicting you during events organized by BHVR (“BHVR Event”), either separately or during trade shows, conventions, and similar events. You hereby consent that BHVR may use your likeness and voice on such audio-visual materials for documentary, marketing, and advertising purposes in any and all media now known or hereafter devised in perpetuity throughout the universe, without any compensation due to you. If you do not wish to grant such permission, please do not participate in the BHVR Events and decline to be interviewed.
F. Copyright Infringement Claims
BHVR obeys all relevant copyright laws, and will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws.
To make a claim, please provide us with the following:
- A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
- A description of the copyrighted work claimed to have been infringed;
- A description of the infringing material and information reasonably sufficient to permit us to locate the material;
- Your contact information, including your address, telephone number, and email;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.
Claims can be sent to firstname.lastname@example.org or to Copyright Claims, Behaviour Digital Inc., 500-6666 Saint-Urbain, Montreal (Quebec) H2S 3H1, Canada, Attn: Legal Department.
BHVR may, in appropriate circumstances and at its discretion, terminate your ability to submit content to the BHVR Services or terminate your Account, if you are a repeat infringer.
VI. Special Terms: Beta Testing
In its sole discretion, BHVR may contact you to review and evaluate the Game, aspects or modules of the Game, or online features as part of, or prior to a wider Alpha test, Beta test, or commercial release thereof (hereafter “Pre-Release Games”) for the purpose of identifying program errors. You will be asked to provide to BHVR (and to BHVR only) certain feedback and suggestions regarding your experiences while reviewing and evaluating the Pre-Release Games. This process is referred to herein as a “Pre-Release Test.” If it is a closed Pre-Release Test, BHVR may ask you to enter into a Pre-Release Software Confidentiality Agreement (“Confidentiality Agreement”) for each specific Pre-Release Test BEFORE you are allowed to be a tester (“Tester”) and BEFORE any software is provided or made accessible to you. In such case, your participation as a Tester is subject to the Confidentiality Agreement, in addition to the following terms and conditions which apply to all Pre-Release Tests.
In connection with the Pre-Release Test, BHVR may provide you, on a temporary basis, Pre-Release Games, as well as confidential and proprietary information (collectively, “Pre-Release Materials”). You understand and agree that the Pre-Release Materials are confidential or proprietary information of BHVR. You agree as a condition of participating in a Pre-Release Test to (I) not copy or reproduce the Pre-Release Materials, (ii) safeguard the Pre-Release Materials and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the Pre-Release Materials, and (iii) if applicable, fully comply with the terms and conditions of the Confidentiality Agreement.
You will carry out the testing personally and not provide access to Pre-Release Materials to any other person. You agree that breach of the above obligations will cause irreparable harm to BHVR, and BHVR is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the Pre-Release Materials confidential will continue until BHVR publicly distributes, or has otherwise disclosed to the public through no fault of yours, the Pre-Release Materials and the Content that you are testing.
Upon request, you agree to immediately delete all copies of the Pre-Release Material which BHVR provided to you.
Pre-Release Test accounts are non-transferable under any circumstances.
VII. Disclaimers & Indemnification
A. Limitations on Warranty & Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE GAME, THE WEBSITE, OR ANY OTHER BHVR SERVICES, BHVR SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. BHVR SERVICES, BHVR SOFTWARE, BHVR’S PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSOR IMPLIED, UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW. BHVR PROVIDES BHVR SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT YOU WILL BE ABLE TO ACCESS OR USE BHVR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT BHVR WILL HAVE ADEQUATE CAPACITY FOR BHVR SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA OR THAT THE BHVR SERVICES WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE BHVR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE WEBSITE, IS AT YOUR SOLE RISK TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BHVR OR ITS LICENSORS IS TO STOP USING BHVR SERVICES, AND TO CANCEL YOUR BHVR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT BHVR, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON ANY BHVR SERVICES OR USE OF BHVR SOFTWARE. IN NO CASE SHALL BHVR OR ITS LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “BHVR AFFILIATES“) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO BHVR FOR BHVR SERVICES. IN NO CASE SHALL BHVR OR BHVR AFFILIATES BE LIABLE FOR DIRECT, GENERAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUES, ARISING FROM YOUR USE OF BHVR SERVICES, BHVR SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF BHVR SERVICES OR ACCOUNTS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, BHVR’S AND BHVR AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. BHVR DOES NOT ENDORSE, WARRANTOR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH BHVR AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
BHVR reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to BHVR in that matter.
C. Updates: Possible Setbacks and Loss of Data
IMPORTANT: BHVR MAY FIND IT NECESSARY TO MAKE UPDATES, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF BHVR SERVICES. THESE UPDATES OR “RESETS” MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT GAME AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. BHVR RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
D. Links to Third-Party Websites
BHVR Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. BHVR does not control such web sites, and it is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third party site does not constitute or imply BHVR’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third party site.
E. Other Disclaimers
Please refer to the following Sections of this Agreement regarding other important disclaimers: III.D, III.E, IV.D., V.E.
VIII. Dispute Resolution
A. Equitable Remedies
B. Informal Negotiations
C. Formal Dispute Resolution
If you and BHVR are unable to resolve a Dispute through informal negotiations, either you or BHVR may elect to have the Dispute finally and exclusively resolved by the courts of the Province of Quebec.
This Agreement (and all subsequent modifications, if any) shall remain effective until terminated. Both you and BHVR may terminate this Agreement at any time for any reason or for no reason. Termination by BHVR will be effective upon notice to you, termination or deletion of your Account, or its decision to permanently discontinue offering and/or supporting the Service, which it may do at any time in its sole discretion. You may terminate this Agreement (and consequently, your Account) at any time by notifying BHVR at email@example.com . Upon termination of this Agreement, your right to use the BHVR Services shall immediately cease. The following provisions shall survive any termination of this Agreement: Sections IV; V.A, B, D, and E; VII. ,VIII, and X.
X. General Terms
E. Force Majeure
BHVR shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of BHVR, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond BHVR’s control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
F. Governing Law
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
G. Entire Agreement
Last revision: February 5th, 2018