These Terms of Service (“this Agreement”) govern your access to, streaming, downloading, installing, running and/or use (collectively, “Use” or “Using”) of the websites and other online platforms of BoofBorkGames. (“BoofBorkGames”), the software of BoofBorkGames (including, without limitation, updates, upgrades, new versions and documentation), and all content, products and services provided by or through BoofBorkGames, its websites(facebook, youtube, twitter and instagram pages), online platforms or software (collectively, the “Services”). In this Agreement, the term “Services” refers to the whole or any part or component of the Services.
BY USING THE SERVICES, YOU AGREE THAT THIS AGREEMENT IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BoofBorkGames. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SERVICES IN ANY WAY AND DELETE IT FROM YOUR DEVICE.
- Age restriction
1.1 You must be at least 13 years of age to use the Services. BoofBorkGames does not knowingly collect personal data from children under 13. Children under the age of 13 are not allowed to use the Services, Games or Unblocked Games.
1.2 If you are between the ages of 13 and 18, you may Use the Services only under the supervision of a parent or legal guardian who has consented to your Use and has agreed to be bound by this Agreement as if he/she were Using the Services themselves.
2.3 You warrant that all data provided by you is accurate and up to date. You are responsible for maintaining and promptly updating your own data for accuracy and completeness.
- Grant of limited licence
3.1 Subject to the terms of this Agreement, BoofBorkGames grants you a limited, revocable, non-exclusive, non-sub-licensable, non-assignable and non-transferable licence to Use the Services on a personal computing device that you own or control, solely for your personal non-commercial use. All software comprised in the Services is licensed to you to Use, and not sold to you, under this Agreement.
- Restrictions on Use of the Services
4.1 You must always Use the Services lawfully and responsibly. When Using the Services, you must not do or attempt to do any of the following:
(a) violate any applicable law, code, directive or regulation (collectively, “applicable law”) or any third party rights, including, without limitation, intellectual property rights and right to privacy.(b) post, transmit or display any threatening, libelous, defamatory, obscene, indecent, pornographic, graphically violent, profane, inflammatory or fraudulent content.(c) impersonate any person or entity.(d) transmit any virus and other malicious, destructive or corrupting code, program or macro.(e) overload, flood, mailbomb or crash, or send unsolicited e-mail, including, without limitation, promotions and/or advertising of products or services. (f) hack into or cause harm to or otherwise interfere with service to any user, host or network, including, without limitation, that of BoofBorkGames, or modify, erase, damage, corrupt, steal or usurp any data without authorization. (g) harvest or collect information relating to any users of the Services without consent. (h) cause annoyance to other users of the Services or interfere with, disrupt or impede their use of the Services or any computer or telecommunications system or network. (i) remove, modify, or conceal any product identification, copyright, proprietary, intellectual property notices or other marks on or within the Services. (j) circumvent, disable or otherwise interfere or tamper with any access or use restrictions or security features of the Services, including, without limitation, by: (1) accessing data not intended for you or logging into a server or account which you are not authorized to access.(2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.(3) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.(4) obtaining information or account access from or about any user, host or network via any unauthorized means including, without limitation, impersonation, false representations, “phishing” or “pharming” or misrepresentation. (k) use a version of the Services which has not been obtained from BoofBorkGames or a distributor or re-seller authorized by BoofBorkGames. (l) make more copies of the Services than reasonably required for back-up purposes or otherwise allowed by applicable law. (m) modify, adapt, merge, translate or create derivative works of the Services. (n) reverse engineer, decompile, decrypt, disassemble or otherwise attempt to derive the source code of the Services or imitate the Services, except to the extent that this restriction is prohibited by applicable law or the licensing terms of an applicable open-sourced component included with the Services. (o) sell, rent, lease, loan or sub-license the Services or otherwise make available the Services or any feature or functionality of the Services to any third party, or Use the Services to provide services to others, whether as an application service provider, or by way of a service bureau, cloud service, hosted service or by any other means, whether commercially or otherwise.
4.2 You must not permit, direct or authorise any third party to take any action which is inconsistent with the terms of this Agreement.
4.3 THE SERVICES ARE NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
- Proprietary rights
5.1 The Services, including, without limitation, any software sequence structure, organization, source code, and all content displayed or made available by the Services, such as user interfaces, text, data, graphics, images and audio and/or video clips, is valuable proprietary information and material that is owned by BoofBorkGames or its licensors, and is protected by applicable intellectual property and other laws, including, without limitation, the laws of copyright, trademarks, trade secrets and confidential information. Such proprietary information and material must not be copied, imitated or used in whole or in part without the prior written permission of BoofBorkGames or the respective rights owners. You acknowledge that you do not acquire any ownership of the Services and you shall not challenge, contest or otherwise impair the right, title and interest of BoofBorkGames or its licensors in and to the Services.
5.2 The BoofBorkGames name and logo and any other signs and indicia of origin used in connection with the Services are trade marks of BoofBorkGames or its licensors. You are granted no right or license with respect to any such trade marks.
5.3 You acknowledge and agree that any actual or threatened infringement of the intellectual property or other proprietary rights of BoofBorkGames or its licensors will constitute immediate irreparable harm to BoofBorkGames for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such infringement.
6.1 If BoofBorkGames releases any update or upgrade or new version of the Services, (“Update”), you must possess a valid license to the previous version in order to Use the Update. Unless otherwise stated in writing by BoofBorkGames, all Updates are provided subject to the terms of this Agreement. BoofBorkGames has no obligation to provide any support for earlier versions of the Services upon an Update becoming available. In any event, BoofBorkGames will have no obligation to provide any maintenance, support, Updates or modifications to the Services whatsoever. The Services may update automatically on your device once an Update is available.
- Third party materials
7.1 The Services may enable you to Use or copy third party software on your device. Third party software may also be delivered to you along with the Services. Such third party software may be subject to the separate license terms of the third party rights holder. The terms of this Agreement do not apply to any third party software. You are solely responsible for ensuring that you obtain and maintain all necessary third party software licenses to Use or copy such third party software.
7.2 When you Use the Services, you may encounter third party content which you may find offensive or otherwise objectionable. BoofBorkGames is not responsible for such content and shall have no liability to you whatsoever in respect of any such content of your use of or reliance on such content. BoofBorkGames reserves the right to screen and/or remove content from the Services for any reason at any time at its sole discretion without prior notice and without liability to any party. However, BoofBorkGames has no obligation to do so and all screening of content by BoofBorkGames is done only as a courtesy to users.
7.3 The Services may contain information about game developers, game publishers and other third parties and their goods and services, including, without limitation, advertisements and promotional offers. However, BoofBorkGames does not warrant or represent that such information is accurate or reliable. You are solely responsible for verifying any information with the relevant third parties before relying on it.
7.4 The Services may also contain links to third party websites or online resources, goods or services. BoofBorkGames does not control and is not responsible for such websites or online resources, goods or services or your use of or reliance on them.
7.6 BoofBorkGames does not warrant or endorse and takes no responsibility and assumes no liability for any third party content you encounter when you Use the Services or any third party software, websites, online resources, goods and services or links thereto, as described above (collectively, “Third Party Materials”). All Third Party Materials are provided solely for your convenience. To the extent you choose to use or rely on such Third Party Materials, you are solely responsible for your own use of and reliance on such Third Party Materials and for your own compliance with applicable law.
7.7 Content types (including, without limitation, genres, sub-genres, podcast categories and sub-categories) and descriptions displayed to you as part of the Services are provided for your convenience only, and you acknowledge and agree that BoofBorkGames does not guarantee their accuracy or reliability.
- External links; third party statements
8.1 Third party websites or online resources may link to the Services. Third parties may also make statements about BoofBorkGames or the Services in other forums, whether online or offline. Such links and statements do not necessarily reflect the opinions or policies of BoofBorkGames or mean that BoofBorkGames is associated or affiliated with or approves of or endorses the third party, its goods and services or its statements. Your reliance on any third party statements relating to BoofBorkGames or the Services is entirely at your own risk.
- Your dealings with others
9.1 In no event shall BoofBorkGames be liable to you or responsible for any dealings or transactions whatsoever between you and
(a) any other user of the Services,(b) any advertiser, merchant or service provider or(c) any other third party, whether or not such dealings or transactions have been facilitated by BoofBorkGames or the Services.
9.2 BoofBorkGames is not a party to your dealings or transactions with third parties. In no event shall BoofBorkGames be liable to you or responsible for any queries, complaints or disputes which you may have relating to such dealings, any third parties or any Third Party Materials. You shall refer all such queries and complaints to the relevant third party and resolve all disputes with the third party directly.
9.3 In no event shall BoofBorkGames be liable to you or responsible for the breach, non-compliance or non-fulfillment by a third party of any obligation whatsoever owed to you, including, without limitation, any delay or failure in the supply or otherwise unsatisfactory supply of goods or services by a third party. In no event shall BoofBorkGames be liable to you or responsible for any payment to third parties in connection with their supply of goods or services to you.
- Event organizers; prizes and rewards
10.1 The Services enable users to organize, conduct and manage or participate in online game contests, competitions, events and/or tournaments (each an “Event”). In this Section 10, the term “Event organizer” means the person or entity that organizes, conducts and manages an Event.
10.2 Each Event is different because it is subject to the parameters, terms and conditions set by the Event organizer. By using the Services, you agree to these parameters, terms and conditions and agree to receive communications from the Event organizer. BoofBorkGames is not responsible for any parameters, terms and conditions set by the Event organizer in relation to its Event.
10.3 BoofBorkGames may, in its sole discretion, organize, conduct and manage Events from time to time, whether by itself or in collaboration with a third party. Any Event for which BoofBorkGames is an Event organizer shall be deemed to be Services and the terms of this Agreement shall apply to the Event. In relation to such an Event:
(a) BoofBorkGames reserves the right at any time, for any reason and without notice or liability to you to (1) modify, cancel or change the timing of the Event;(2) revise any Event parameters, terms and conditions or rules and regulations, including, without limitation, the eligibility criteria;(3) substitute, withdraw or cancel any prize or prize winner;(4) reject any application by a user to participate in the Event;(5) to disqualify any user from participation in the Event or eligibility to claim any prize. (b) BoofBorkGames reserves the right to verify prize winners’ identities before awarding them the prize(s). All prizes must be claimed by the deadline fixed by BoofBorkGames. Prizes left unclaimed after the deadline shall be forfeited. (c) Unless otherwise stated in writing by BoofBorkGames, prizes are not transferable, exchangeable or redeemable for cash, credit or other benefit in-kind. Prizes may be subject to the additional terms and conditions of the prize sponsors. All costs, expenses and taxes incurred by the winner(s) in collecting and using the prizes shall be borne by the winner(s). (d) All prizes are provided on “as is” and “as available” basis. BoofBorkGames makes no warranty, representation or guarantee with respect to the prizes. To the fullest extent permitted by applicable law, BoofBorkGames disclaims all warranties (whether express or implied or otherwise) in relation to the prizes, including, without limitation, any warranty that the prizes will meet the winners’ expectations or requirements. A winner’s collection and use of any prize is at the winner’s own risk. (e) If you are a prize winner of the Event, you consent, without compensation, to the disclosure by BoofBorkGames of your name(s) and player profile for publicity purposes and to participate in BoofBorkGames’s publicity activities relating to the Event. (f) All decisions of BoofBorkGames on matters relating to the Event, including, without limitation, issues of eligibility, entitlement to prizes, disqualification (if applicable) and any disputes whatsoever, are final, conclusive and binding on all participants of the Event and prize winners. No correspondence, enquiries or appeals, verbal or written, will be entertained.
10.4 Where BoofBorkGames is not the Event organizer, the following terms shall apply:
(a) The Event organizer shall be solely responsible for the organization, conduct and management of the Event, including, without limitation, determining the eligibility of participants, accepting participants for the Event, holding the Event, determining winners and the awarding prizes and rewards. All representations, content or links are supplied, and all promises of prizes or rewards are made, solely by the Event organizer.(b) BoofBorkGames is not responsible for monitoring Event organizers’ conduct or communications, or for organising, conducting or managing any Event or administering any prizes or rewards for an Event organizer or for upholding any promises or representations made by an Event organizer. In no event shall BoofBorkGames be liable to any user of the Services or responsible for any dealings or transactions whatsoever between the user of the Services and an Event organizer.
10.5 If you participate in any Event, you do so at your own risk.
10.6 If you are an Event organizer, you agree to the terms of Section 10.4 above. You further agree and undertake that in organising, conducting and managing an Event, you will
(a) at all times comply with this Agreement and all applicable laws;(b) collect from Event participants only such data as is necessary to enable them to participate in the Event;(c) not retain such data for any longer than is necessary to fulfil this purpose or to comply with applicable law; and(d) take reasonable and appropriate security measures to protect BoofBorkGames and users against unauthorised access, modification, manipulation, disclosure or destruction of any data collected from participants in connection with the Event.
11.1 YOUR USE OF THE SERVICES AND THIRD PARTY MATERIALS IS AT YOUR OWN RISK.
11.2 THE SERVICES AND ALL THIRD PARTY MATERIALS SUPPLIED BY BoofBorkGames ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
11.3 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BoofBorkGames DOES NOT WARRANT AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS IN RESPECT OF THE SERVICES, ALL THIRD PARTY MATERIALS AND ALL COMPUTER SERVERS AND EQUIPMENT DEPLOYED BY BoofBorkGames OR ITS SERVICE PROVIDERS TO ENABLE THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED OR ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, CORRECTNESS, RELIABILITY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
11.4 BoofBorkGames DOES NOT WARRANT THAT YOU WILL BE ABLE TO USE THE SERVICES OR ANY THIRD PARTY MATERIALS AT THE TIMES OR LOCATIONS OR YOUR CHOOSING OR THAT YOUR USE OF THE SERVICES OR ANY THIRD PARTY MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED. In no event shall BoofBorkGames be liable to you or responsible for any downtime or service outage (WHETHER SCHEDULED OR UNSCHEDULED) affecting your Use of the Services.
11.5 BoofBorkGames ALSO DOES NOT WARRANT THAT THE SERVICES OR ANY THIRD PARTY MATERIALS ARE FREE FROM VIRUSES AND OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, PROGRAMME OR MACRO OR THAT ANY TRANSACTIONS, COMMUNICATIONS OR DATA (INCLUDING, WITHOUT LIMITATION, PERSONAL DATA) WILL BE SECURE, FREE FROM LOSS, CORRUPTION, THEFT OR DESTRUCTION, UNAUTHORISED ACCESS OR ALTERATION, ATTACK, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION.
11.6 YOU HEREBY RELEASE BoofBorkGames FROM ANY LIABILITY RELATING TO THE FOREGOING.
11.7 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BoofBorkGames OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.
11.8 YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND THIRD PARTY MATERIALS. YOUR SOLE REMEDY IF YOU ARE DISSATISFIED WITH THE SERVICES IS TO STOP USING THE SERVICES.
11.9 To the extent that the Use of the Services requires your device to be connected to the Internet, you acknowledge and agree that you are solely responsible for procuring your own Internet connection at your own cost and expense. BoofBorkGames is not responsible for and does not make any assurances about the availability or functionality of any Internet connection. You agree to refer all queries and complaints which you may have in relation to your Internet connection to your Internet service provider and to resolve any disputes relating to the same with your Internet service provider directly.
11.10 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO TO THAT EXTENT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT MAY NOT APPLY TO YOU.
- Limitation of liability
12.1 TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL BoofBorkGames BE LIABLE FOR PERSONAL INJURY OR LOSS OR DAMAGE OF ANY KIND, HOWSOEVER CAUSED, EVEN IF BoofBorkGames HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE, LOSS OF USE, LOSS OR CORRUPTION OF DATA, LOSS OF ANY OPPORTUNITY TO PARTICIPATE IN EVENTS OR WIN PRIZES OR REWARDS, LOSS OF ANY WINNINGS, PRIZES OR REWARDS, LOSS OF GOODWILL OR LOSS OF PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING (WHETHER DIRECTLY OR INDIRECTLY) FROM OR IN ANY WAY CONNECTED WITH:
(a) THE USE OR INABILITY TO USE THE SERVICES OR ANY THIRD PARTY MATERIALS;(b) THE UNAVAILABILITY OF THE SERVICES OR ANY THIRD PARTY MATERIALS;(c) THE CONDUCT OR REPRESENATIONS OF ANY OTHER USER OF THE SERVICES, INCLUDING ANY EVENT ORGANIZER; OR(d) ANY ERRORS, OMISSIONS, OBSCENITIES OR INFRINGING, OFFENSIVE, FRAUDULENT, UNLAWFUL OR DEFAMATORY INFORMATION AND MATERIAL MADE AVAILABLE BY THE USE OF THE SERVICES OR ANY THIRD PARTY MATERIALS.
12.2 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, SO, TO THAT EXTENT, THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL BoofBorkGames’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY UNITED STATES DOLLARS (US$50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS ITS ESSENTIAL PURPOSE.
- Your content
13.1 The Services may have features which allow you to upload, transmit, post or generate content which may be accessible to third parties, such as other users of the Services. You are solely responsible for all content you upload, transmit post or generate through your Use of the Services. In particular, you must not violate the Restrictions on Use of the Services in Section 4 above.
13.2 You should only make available content that you are comfortable sharing with third parties. BoofBorkGames has no responsibility for any content you choose to disclose on or by means of the Services and for all consequences of such disclosure, including, without limitation, any use of the content by third parties in ways which you may find unflattering, objectionable or in violation of applicable law or any third party claims arising from your content. You hereby waive the right to object to any use of your content by third parties.
13.3 You are solely responsible for backing up your own content and all content acquired through your Use of the Services. BoofBorkGames will not be liable for any loss or corruption of content you make available or acquire through your Use of the Services, or for any costs or expenses associated with backing up or restoring any such content.
13.4 As between you and BoofBorkGames, all intellectual property rights in the content supplied by you will be retained by you. However, you agree that BoofBorkGames has an irrevocable, worldwide, royalty-free, non-exclusive, fully transferable and sub-licensable right and licence to use your content to provide the Services to you and other users, including the right and licence to use the name(s), image(s), characterisation and other biographical content supplied by you to identify you as a user of the Services. You hereby waive all moral rights to such content and give us all consents that we need to exploit your content in any media pursuant to this Agreement. You warrant to BoofBorkGames that you are the sole legal and beneficial owner of all right, title and interest in and to the content supplied by you, that you have all the right, power and authority and all the necessary consents, waivers and releases to grant BoofBorkGames these rights and that the supply and use of your content does not and will not infringe any intellectual property or other rights of a third party. The licence granted to BoofBorkGames in this Section will survive the termination or expiry of any of your rights to the Services under this Agreement.
13.5 BoofBorkGames reserves the right at any time, for any reason and without prior notice or liability to you remove, or require you to remove or modify, any of your content or restrict or to deny access to or use of such content by any person.
14.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BoofBorkGames, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS FROM AND AGAINST ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, YOUR BREACH OF ANY WARRANTY OR OTHER PROVISION OF THIS AGREEMENT, AND ANY THIRD PARTY CLAIM THAT YOUR CONTENT INFRINGES ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OF A THIRD PARTY.
- User registration
15.1 Certain features and functionalities of the Services may be accessible only with a user account (the “User Account”). If you apply for a User Account, you agree to:
(a) provide accurate, current and complete information about you as may be required by BoofBorkGames (the “Registration Data”);(b) maintain and promptly update the Registration Data to keep it accurate, current and complete;(c) be solely responsible for maintaining the security of your Registration Data; and(d) accept responsibility for any and all activities that occur under your User Account. BoofBorkGames is entitled to treat all activities that occur under your User Account as having been conducted with your knowledge and authority.
15.2 BoofBorkGames reserves the right, without prior notice and without liability to any party to reject your application for a User Account without having to provide you with any reason for such rejection, and/or to limit, suspend, deactivate or terminate your User Account or any of your rights as a User Account holder if you are in breach of this Agreement or for any other reason in BoofBorkGames’s sole discretion.
- Changes by BoofBorkGames
16.1 BoofBorkGames reserves the right at any time, for any reason and without notice or liability to you:
- Electronic communications
17.1 When you Use the Services or send emails to BoofBorkGames, you are communicating with BoofBorkGames electronically and you consent to receive communications from BoofBorkGames electronically. BoofBorkGames may communicate with you by sending you email messages to your email address or by push notification via the Services or by a posting on BoofBorkGames’s website(s). You agree that such electronic communications satisfy any legal requirement for such communications to be in writing.
18.1 You are free to stop Using the Services at any time.
18.2 BoofBorkGames may at any time for any reason terminate this Agreement immediately without prior notice and without liability to you.
18.3 Your licence to Use the Services will automatically terminate immediately without any notice or liability to you in the event that:
(a) you have breached, or BoofBorkGames suspects that you have breached, any warranty or other provision of this Agreement; or(b) in BoofBorkGames’s opinion, your Use of the Services may expose BoofBorkGames or its licensors to civil or criminal liability in any jurisdiction.
18.4 Upon the termination of this Agreement, your right to Use the Services under this Agreement will immediately terminate.
18.5 In lieu of terminating this Agreement, BoofBorkGames reserves the right to suspend or impose restrictions or limits on your Use of the Services immediately without prior notice and without liability to you.
18.6 You acknowledge, accept and agree that BoofBorkGames has the right of remote access to your device in order to disable or in any way configure the Services or any of its features or functionalities on your device to give effect to any termination, suspension, restriction or limit imposed on your Use of the Services under this Agreement.
18.7 Notwithstanding any termination of this Agreement, you will remain liable for all amounts due under this Agreement up to and including the date of termination.
- Export control
19.1 You must not export or re-export the Services except as authorized by United States law and the laws of the jurisdiction in which the Services was obtained. In particular, but without limitation, the Services must not be exported or re-exported
(a) into any U.S.-embargoed countries or(b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. You represent and warrant that you are not located in any such country or on any such list. You also agree not to Use the Services for any purpose prohibited by these laws including, without limitation, the development, design, manufacture, or production of nuclear, chemical, or biological weapons or missile technology.
- Force majeure
20.1 BoofBorkGames shall have no liability for any failure or delay in the provision of the Services or the performance of any obligation under this Agreement if the failure or delay is due to any cause or event beyond its reasonable control, including, without limitation, natural disaster, adverse weather conditions, accident, epidemic, terrorist activity, national emergency, war or other hostilities, political interference with normal operations of any party, strikes or industrial disputes, riots, power failure, failure or non-availability of third party telecommunication equipment or networks and failure or non-availability of the Internet (or any part thereof).
- No assignment
21.1 All rights and licences granted to you under this Agreement are personal to you and are binding upon your heirs, executors and legal representatives, as the case may be. You may not assign any such rights and licences or transfer or delegate any obligations imposed by this Agreement without BoofBorkGames’s prior written consent. BoofBorkGames may assign or transfer its rights and obligations under this Agreement to any other party without your consent at any time without prior notice.
- Governing law and dispute resolution
22.1 This Agreement shall be governed by the laws of the United States and the State of California without respect to choice of law rules. The Parties consent to have all disputes regarding this agreement resolved by binding arbitration before the American Arbitration Association, Commercial Division. The Parties agree to conduct the arbitration in the county of San Francisco and each Party shall bear the costs of such arbitration. The Parties specifically waive any international treaties or other international law which may govern the court or location of resolution of any dispute between them. This provision was a bargained for relinquishment of both Parties’ rights to jurisdiction in their respective states or countries. The Parties waive the personal service of any process upon them and agree that service may be completed by overnight mail (using a commercially recognized service) or by U.S. mail with delivery receipt to the address stated in this Agreement. BoofBorkGames shall be entitled to recover all reasonable costs of collection (including attorney’s fees, in-house counsel costs, expenses and costs) incurred in attempting to collect payment from Customer. The prevailing Party in any Arbitration shall be entitled to an award of attorney fees and costs for such arbitration.
22.2 The application of the United Nations Convention on the International Sale of Goods is expressly excluded.
23.1 This Agreement constitutes the entire agreement between you and BoofBorkGames and supersedes any prior agreements.
23.2 No amendment of this Agreement by you will be binding unless it was made in writing and signed by you and BoofBorkGames.
23.3 BoofBorkGames’s failure to insist upon or enforce strict performance of any provision of this Agreement will not be construed as a waiver of any provision or right.
23.4 The invalidity, illegality or unenforceability of any part of this Agreement will not affect the validity, legality and enforceability of the other parts of this Agreement.
23.5 Nothing in this Agreement creates a joint venture, partnership, relationship of employment or agency between you and BoofBorkGames. You do not have authority to contract on behalf of or bind BoofBorkGames.
23.6 The rights and remedies under this Agreement are cumulative and not exclusive of any other right or remedy provided by law or equity.
23.7 The provisions of this Agreement will enure to the benefit of BoofBorkGames’s successors and assigns and they will have the right to enforce this Agreement.
23.8 No other third party will have any right to enforce any provision of this Agreement under any theory of law.
23.9 The headings used in this Agreement are included for convenience only and will not limit or otherwise affect the provisions herein.
23.10 English shall be the governing language of this Agreement and any document referred to in this Agreement. All communications between BoofBorkGames and you shall be conducted in English, unless otherwise permitted by BoofBorkGames. Any translation is provided solely for your convenience. To the maximum extent permitted by law, the English language version of all documents and communications between BoofBorkGames and you shall prevail over any other language version in the event of conflict or inconsistency between the English language version and the other language version.
Last Updated: 29th June 2018
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