You are responsible for any Internet connection fees OR OTHER RELATED THIRD PARTY FEES that you incur when accessing the Service.
II. Privacy & Data Collection
You understand, acknowledge and agree that public communications on BHVR Services, including www.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 email@example.com .
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 and/or authorized to use the Website. 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.
We follow generally accepted rules in the video game industry, as well as applicable regulations to help safeguard and prevent unauthorized access, use, alteration, modification and/or disclosure of your personal information. We strive to use appropriate organizational and technical means to safeguard the security of your personal information, however, no security measures are 100% effective. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of your personal information , you must immediately notify BHVR by emailing firstname.lastname@example.org. In addition, submissions made via e-mail are not protected by encryption and are vulnerable to interception during transmission.
B. Specific Terms for a Single Account
BHVR may, at its discretion, allow you to open one single account (“Single Account”) which may be connected across different platforms including without limitation Steam, Nintendo Switch and Stadia (the “Platform(s)”) which shall enable cross-progression within a Game across said Platforms. Once one Platform is connected to a Single Account, you may only be able to add or remove a unique account from such Platform to the Single Account. Should you wish to modify the Platform account linked to the Single Account, you may do so only at the frequency detailed on the Website applicable to the Game.
If you make a purchase of a limited license to use a Virtual Good on a Platform, you will be able to access it from all Platforms connected to your Single Account, except for certain Virtual Goods which are subject to licensing restrictions, and except for Game Currency. The Game Currency is non-transferable from one Platform to another.
Further, in the event you choose to disconnect one of your Platforms from the Single Account (“Platform Disconnection”), you acknowledge and agree that (i) you may lose the progression within the Game that happened while such Platform was linked to the Single Account, and that (ii) the Virtual Goods acquired and/or purchased on such Platform while it was linked to the Single Account may be lost after such Platform Disconnection. For purposes of clarity, Virtual Goods only remain valid in the Platform account associated with such purchase.
C. Virtual Goods
You agree that BHVR reserves the right to manage, regulate, control, modify and/or eliminate, game elements, including but not limited to Virtual Goods.
For the purposes herein, “Virtual Goods” refers to virtual items (including without limitation, characters, accessories, items such as “character customization”, power-ups, “skins”), points, credits, tokens and in-game currency (“Game Currency”) for use in the Game.
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.
BHVR may offer you the ability to acquire licenses to use Virtual Goods, such as by: (a) creating an Account or Single Account and “earning” a limited license to use Virtual Goods or (b) purchasing a limited license to use Virtual Goods for a fee or (c) participating in a contest or in in-game events and earning a limited license to use Virtual Goods.
All purchase or grant of Virtual Goods, whether made with “real money” or virtual currencies, are final and cannot be transferred, refunded, returned, replaced or exchanged for any sum of money, monetary value or virtual currency from BHVR at any time. The Virtual Goods are not redeemable for “real money” or monetary value from BHVR or any other person. BHVR does not have an obligation to exchange the Game Currency for anything of value, including but not limited to, real currency. BHVR, in its sole discretion, has the absolute right to modify, replace, suspend, cancel or eliminate Virtual Goods, without notice.
The Game Currency is non-transferable from one Platform to another.
Note that depending on the country in which you are located, the validity period of purchased Virtual Goods may be limited to a certain period under applicable laws of certain jurisdictions. Further, BHVR and/or its licensors have the absolute right to regulate, discontinue, update, modify or eliminate any Virtual Goods at any time in its sole discretion, including their availability on Platforms and/or in the Account or Single Account. BHVR and its licensors shall have no liability to you or anyone else for these actions.
BHVR may offer subscription plans (the “Subscription(s)”) for certain Games which will enable you the benefits detailed on the Game and/or Game’s Website, including but not limited to, the ability to “earn” various Products.
Except for a limited period where the Subscription may be offered for free, a Subscription fee will be charged on the specific billing date indicated on your Account page and/or in the Game. You must provide a valid payment method to register for a Subscription, and BHVR may ask you to update your payment method at any time if it becomes invalid.
Should your subscription renew automatically, recurring renewal payments will be taken from the payment method you selected at sign-up, unless and until you change your payment method and/or it becomes invalid, or until you cancel your Subscription according to the details provided on your Account page and/or in the Game. If a payment is not successfully settled, due to expiration of the payment method, insufficient funds, or otherwise, BHVR may suspend your access to the Game until having successfully charged a valid payment method. Unless required by applicable law, the Subscription is non-refundable and non-transferable.
Subject to applicable law, and unless specifically stated in the Subscription at the moment of purchase or registration, if you subscribe to a renewable Subscription, you agree that at the end of the initial Subscription period and each renewal period thereafter, your Subscription fee will AUTOMATICALLY RENEW FOR THE APPLICABLE PERIOD (e.g. MONTHLY, WEEKLY, ETC.) at the then-current Subscription price (plus applicable taxes) on each renewal date without any additional action by you UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION.
BHVR will provide you with notice of any changes to the fees or billing methods at least fifteen (15) business days in advance by posting such changes on the Website and/or in the Game. If any change is unacceptable to you, you may cancel your Subscription at any time in accordance with the cancellation procedures applicable to each Platform and detailed on your Account page and/or in the Game, but BHVR will not refund any fees that may have accrued to your Account before cancellation of your Subscription, and it will not prorate fees for any subscription, except in accordance with the rules of the applicable Platform. 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 fee or other fees. You must cancel your Subscription in advance prior to the renewal date, and at least by the amount of time detailed on your Account page and/or in the Game, in order to avoid renewal charges.
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, as detailed in the Game and/or in the Website. 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 BHVR offers a free trial Subscription. Trial subscriptions are not transferable.
You may not combine, transfer or exchange your Subscription with or to other users or accounts for any reason, failure of which may result in suspension or termination of your Subscription and/or Account.
E. Rules of Conduct
- Post, transmit, promote, or distribute User Generated Content or Fan 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, nationality, heritage, etc.
- Transmit, or facilitate distribution of User Generated Content or Fan 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 Generated Content or Fan 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 Games or any of their parts thereof, or BHVR Services, or Fan Content, 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 Games; or (c) performing in-game services in exchange for payment outside the Games, 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, Games, Content, or other BHVR Service.
- Facilitate, create or maintain any unauthorized connection to the Games 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 the Games 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 email@example.com .
F. Consent to Monitor
G. 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.
H. 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 certain fees. You must have an Account or Single Account and pay the Subscription fee or other fees to participate in these Services. For information about the Subscription fee and other fees for particular Services, you may contact us at firstname.lastname@example.org. BHVR reserves the right to change its prices, fees, or billing methods at any time and without notice.
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 deemed to be agreed upon 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: (a) first to the Package Cost, and then (b) 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 the estimated delivery date is not under any circumstances a representation provided 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 pledged 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 earned by BHVR and 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 pledged items. In the unlikely event that BHVR is not able to deliver the Game and/or the pledged 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 pledged 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. 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 depending on the BHVR Service. When you provide credit card or other payment information to BHVR and/or its payment processing partners, you represent to BHVR and its partners 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, the credit card number, or the 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 email@example.com. Customers who use a payment method other than a 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 under your responsibility. BHVR reserves the right to change such payment providers at any time without notice.
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.
C. Responsibility Related to Virtual Goods Virtual Goods
D. Fees Charged By Third-Party Websites and Vendors
BHVR may provide links to other websites. Some of these websites 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 under your sole responsibility and BHVR may not be held liable for these charges or obligations.
V. Intellectual Property
“Content(s)” 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, as well as the design and appearance of the Website. The foregoing includes, without limitation, computer code, titles, objects, artifacts, characters, character names, locations, logos, images, text, illustrations, designs, icons, photographs, names, stories, story lines, dialogue, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, characters and character likenesses, user Accounts, methods of operation, video clips and written and other material that appear on the Website and/or in BHVR’s Games. Content is provided by BHVR and its licensors and may also be contributed as User Generated Content or Fan Content (see Section V.D below) by you or third parties, including other users of BHVR Services. The Contents are copyrights, trademarks, and/or other intellectual property owned, controlled or licensed by BHVR, one of its affiliates or by third parties who have licensed their materials to BHVR, and are protected by Canadian and international copyright laws. You may not reuse, reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale or exploit in any manner, in whole or in part, any of the Contents.
“User Generated 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, including without limitation character data, game customization, in-game constructions, replays, cinematics, scripts and programs, modes, gameplay, chat posts, experiences, interactive features, and screenshots, music, sounds, sound recordings, audiovisual combinations, musical works, animations and other types of works, whether now known or hereafter to become known, which is contributed to the Website or any BHVR Service by anybody other than BHVR.
B. BHVR and Third-Party 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 any 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 any 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 exclusive owners of all materials posted on the Website and in the Games, 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 Generated Content
BHVR may provide features through the BHVR Software that allow you to create, develop, modify or contribute User Generated Content and to make it available to some users of the BHVR Services.
You are responsible for your User Generated Content. You may not upload User Generated Content that infringes a third party’s intellectual property rights or that violates the law, this Agreement or a third party’s rights. In particular, if music or other third-party content is included in your User Generated Content, you will need to secure the content owner’s permission independently. You must have the legal right to upload Content to BHVR Services. You may not upload or post any User Generated 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 Generated Content and to grant the BHVR the rights detailed below. BHVR may, without prior notice to you and in its sole judgment, remove User Generated 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 above.
You understand that you are not entitled to receive any compensation, fees, consideration, or other remuneration in connection with your User Generated Content for any reason, including BHVR’s exercise of the rights you grant to BHVR in this Section.
In exchange for BHVR enabling your contribution of User Generated Content (as defined in above), when you contribute User Generated 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 Generated 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 Generated Content for such purposes. You waive, and agree not to assert any droit moral or similar rights you may have in such User Generated Content.
If the BHVR Service on which you contribute User Generated Content permits other users to access and use that contributed User Generated 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 Generated Content on or through the relevant BHVR Service without further notice, attribution or compensation to you.
E. Creative Submissions for Personal Use
BHVR may decide to grant you permission to use some parts of and publish “Fan Content”, defined as gameplay footage and/or artwork from our Games (excluding third party content, voices and music), to your website, YouTube or similar digital services only if the following conditions are respected:
- The use of the Fan Content is for non-commercial activities.
- You must respect the ESRB rating of the Game when posting the Fan Content.
- If the Fan Content is not owned by BHVR, you must obtain and respect third party licences.
The use of the Fan Content for commercial activities is prohibited. As such, you are not allowed to charge a fee of any kind to grant the access to the Fan Content. If you intend to charge a subscription or access fee to generate revenue from the Fan Content, you are only allowed to do so if you execute a license agreement with us. The limited permission granted herein with respect to fan use of certain Fan Content does not cover such circumstances. However, you may generally monetize the Fan Content by using advertisements so long as the advertisements comply with the applicable laws and regulations.
In exchange for BHVR enabling your use of Fan Content, when you create Fan Content, 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 Fan 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 Fan Content for such purposes. You waive and agree not to assert any droit moral or similar rights you may have in such Fan Content.
If the BHVR Service on which you contribute Fan Content permits other users to access and use that Fan 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 Fan Content on or through the relevant BHVR Service without further notice, attribution or compensation to you. This includes the right to promote the Fan Content, e.g. by sharing or reposting it on our official channels or in marketing assets or include them in the Games. BHVR is entitled, but not obliged to use your name or nickname as means of attribution.
The Fan Content 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 and/or Game, when displaying Fan Content, 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 Fan Content or Content, including in digital form; nor challenge BHVR’s or its licensors’ ownership of the Content, nor use or adopt any trademarks that might be confusingly similar to such Content.
BHVR reserves all rights, title and interest in and to the Fan Content which are not expressly granted herein. You shall not rent, lease, reproduce, modify, translate or create derivative works of the Fan 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 laws of any unauthorized derivative work. The creation and sale of merchandise based on the Game, the Website, or upon Fan Content or BHVR Marks is expressly prohibited.
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 content, or to revoke this permission at any time.
These terms can be changed at any time without notice and BHVR reserves its rights to refuse your use of the Fan Content or request the takedown of your Fan Content for any reason.
F. Unsolicited Creative Submissions
BHVR places a particular value on its interaction with its customers and fans, however, 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”). 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.
If you do submit your Unsolicited Ideas to BHVR or to any of its employees and/or contractors despite this policy and regardless of what your letter says, 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. 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. In addition, you acknowledge and agree that in no event shall BHVR have any obligation to review or return or acknowledge receipt of any Unsolicited Ideas.
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, do not participate in the BHVR Events and decline to be interviewed.
H. 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:
1) A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
2) A description of the copyrighted work claimed to have been infringed;
3) A description of the infringing material and information reasonably sufficient to permit us to locate the material;
4) Your contact information, including your address, telephone number, and email;
5) 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
6) 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 Interactive 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: Playtests and/or Beta Testing
In connection with the Play Test, BHVR may provide you, on a temporary basis, Pre-Release Games, as well as any other Games, Content, and/or 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 Play 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.
Play Test accounts are non-transferable under any circumstances.
VII. Special Terms: Contests
VIII. Disclaimers & Indemnification
A. Limitations on Warranty & Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE GAMES, 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 EXPRESS OR 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, INCLUDING ANY FAN CONTENT AND/OR USER GENERATED 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 defense 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 websites 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 websites, 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.
IX. 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 XI.
XI. 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: October 1st, 2020