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Battlehouse, Inc. Terms of Service

This Terms of Service (“Terms of Service”) is a legally binding agreement that governs your use of the websites and applications offered by Battlehouse, Inc. (“Battlehouse,” “we,” or “us”) such as Battlehouse.com and our online games such as those on social network websites (individually and collectively, the “Site”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THIS SITE. YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT (YOU MUST CONSULT YOUR PARENT OR LEGAL GUARDIAN IF YOU ARE UNDER THE AGE OF MAJORITY).

1. Limited License and Right to Use Site Content.

The information, pictures, graphics, games, upgrades for use in games or on the Site (e.g., new levels, characters, and in-game items) (“Game Items”), and other content, features and services available on the Site (collectively, the “Site Content”) are owned by Battlehouse or its suppliers or licensors and are protected by copyright and other laws throughout the world. We grant you a non-exclusive revocable license to reproduce portions of the Site Content for the sole purpose of reviewing and using the Site Content as permitted in these Terms of Service and any associated End User License Agreement. Battlehouse may require you to pay a fee for a non-exclusive license to use certain Site Content. You acknowledge and agree that Site Content has no real world value, is licensed as part of, and may only be used in, the game or specific Site page with which such Site Content is designed to work. Accordingly, you may not sell or transfer the Site Content and all such transfer or sale is null and void. All copyright and other proprietary notices on any Site Content must be retained on any copies permitted hereunder. Any unauthorized reproduction or modification, distribution, or performance of any Site Content is strictly prohibited. Battlehouse reserves all rights not explicitly granted in these Terms of Service.

You acknowledge that the time that you spend on Battlehouse games or the Site is solely for your personal entertainment purposes, and you will not be compensated for such time. In particular, but without limitation, you understand that value cannot and shall not be attributed to the time that you may spend accumulating Site Content such as Game Items, points, medals or other digital and/or virtual objects.

We reserve the right, at any time, to modify, suspend, or discontinue the Site, the Site Content, or any part thereof with or without notice. You agree that Battlehouse will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or the Site Content.

2. Ownership.

This Site is owned and operated by Battlehouse. The Site Contents are protected by United States copyright and trademark law, international conventions and other applicable laws. All text, graphics, photographs, audio and/or video material or stills from audiovisual material or any other materials contained in the Site, and all Site Code (as defined below) (collectively the “Materials”), are the copyrighted property of Battlehouse or its subsidiaries or affiliated companies and/or third-party licensors and are offered to you by Battlehouse for the limited use solely pursuant to these Terms of Use. As used herein, the term “Site Code” means any and all underlying elements of the Site, including without limitation source code, scripts, object code, software, computer programs, and other sets of statements or instructions contained in or underlying the Site. All trademarks, service marks, and trade names are proprietary to Battlehouse or its affiliates and/or third-party licensors. All Battlehouse logos, characters, artwork, stories, information, names, and other unique elements associated thereto are the sole and exclusive property of Battlehouse and/or its licensors. Any use of any of the Materials other than for private, non-commercial viewing purposes is strictly prohibited. The sale, auction, lease, loan, gift, trade or barter, or use of any of the Materials for any other purpose except as expressly permitted pursuant to these Terms of Use, in any form, media or technology now known or hereafter developed, including the use of any of the aforementioned materials on any other Web site or networked computer environment, without a prior written consent from Battlehouse, is expressly prohibited. Except as expressly provided for under the Terms of Use, the creation of derivative works based on the Materials is expressly prohibited. Modification of the Materials or use of the Materials for any other purpose is a violation of Battlehouse’s copyright and other proprietary rights. As a condition of your use of the Site, you will not use the Site for any purpose or in any manner that violates any applicable laws or regulations or is prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, other user accounts, computer systems or networks connected to the Site, through hacking, password mining or any other means (automated or otherwise). You may not obtain or attempt to obtain any Materials or information through any means not intentionally made available through the Site by Battlehouse or its third party service providers.

3. Online Services.

When using the Site, you will be subject to various additional posted guidelines or rules including but not limited to “Announcements” found in the Site forums, which are applicable to specific activities and features which may be developed and/or offered from time to time (collectively referred to herein as the “Guidelines”). All such Guidelines are hereby incorporated by reference into this Terms of Service.

The Site may include a virtual, in-game currency (“Virtual Currency”) including, but not limited to coins, cash, or points, that may be purchased from Battlehouse for “real world” money if you are a legal adult in your country of residence. The Site may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased from Battlehouse for “real world” money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for “real world” money, goods or other items of monetary value from Battlehouse or any other party. Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency on the Site, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating on the Site or any other attributes associated with use of the Site or stored within the Site. Battlehouse has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and Battlehouse shall have no liability to you or anyone for the exercise of such rights. You agree that all sales of Virtual Goods and Virtual Currencies are final. No refunds will be given, except in Battlehouse’s sole and absolute discretion. You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family, or friends). All Virtual Goods and Virtual Currencies are forfeited if your account is terminated or suspended for any reason, in Battlehouse’s sole and absolute discretion, or if Battlehouse discontinues providing the Site. Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized by Battlehouse within the Site. Outside of the Site, you may not buy or sell any Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for value. Any attempt to do so is in violation of this Terns if Service and may result in a lifetime ban from the Site and possible legal action.

4. Right to Terminate Accounts and Access.

Battlehouse and its affiliates reserve the right to refuse service, terminate accounts, remove or edit the Site, Site Content or Materials, including games, or cancel any user orders in connection with the Site in their sole discretion.

In the event that your account is terminated or cancelled by you or by Battlehouse, no refund will be granted and you will no longer have access to Site Content. No Site Content or time spent on the Site will be converted to cash or any other form of compensation.

5. Eligibility; Account Information.

You represent that you are 13 years old or older. Additionally, if you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to this Terms of Service. The Site isnot available to persons under the age of 13 or to any users suspended or removed from the Site by Battlehouse. You agree that the information you provide to Battlehouse during user registration and, at all other times, will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. In the event there are any changes in your payment or account information, you agree to update your account information within 5 days. Battlehouse may, in its sole discretion, refuse to offer access to the Site to any person or entity. Battlehouse may change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

6. Your Responsibilities.

You must provide and are responsible for all equipment, including the Battlehouse game, necessary to access the Site.

You agree to update information provided in connection with registration or the ordering process in order to maintain its truth, accuracy, and completeness. You are responsible for maintaining the confidentiality of your password if you log in with a Battlehouse Account, and you are also responsible for all activities that occur with your username. Battlehouse shall not be liable for any damages arising out of your noncompliance of this provision. You agree to immediately notify Battlehouse of any unauthorized use of your account or any other breach of security.

You agree not to:

6.1. “stalk”, harass, threaten, or defraud other Battlehouse users or any members of Battlehouse staff;

6.2. send, post, or make available pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, deceptive, tortuous, defamatory, libelous, or otherwise inappropriate or offensive content to other Battlehouse users;

6.3. make unsolicited or inappropriate offers, advertisements or proposals for goods, services or other commercial activities outside of Battlehouse, or send junk mail or chain letters to other Battlehouse users;

6.4. impersonate another person or entity or access another user’s account without permission, or impersonate Battlehouse staff;

6.5. share Battlehouse-issued passwords with a third party or encourage another Battlehouse user to do so;

6.6. misrepresent the source, identity, or content of information transmitted via the Site, (such as claiming a created work as your own that is not actually yours) or otherwise misappropriate any proprietary information, trademark, copyright, right of publicity or other right of any person or entity;

6.7. use or encourage others to use the Site for any illegal or inappropriate purpose;

6.8. use Site features for anything other than their intended purpose, including exploiting site glitches for personal gain;

6.9. interfere with any security-related features of the Site;

6.10. intentionally interfere with the operation of the Site or any other user’s enjoyment of it, including intentionally posting inflammatory statements to get a reaction;

6.11. post, request, or link to sexually explicit material or conduct;

6.12. discuss, promote, or depict any form of child sexuality, abuse, exploitation, or related topics that may be harmful to or threaten the security of a child or minor;

6.13. post or distribute any content that contains software viruses or other code intended to damage or interfere with the Site or any software, hardware, equipment, system, data, or other information of Battlehouse or any third party;

6.14. decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site, except to the limited extent of applicable laws specifically prohibiting such restriction;

6.15. use, develop or distribute any robot (or “bot”), spider, unauthorized script, unauthorized scraper or offline reader, nor any other cheat utility or like software, on the Site; buy, sell or trade Battlehouse virtual assets for non-Battlehouse items (including cash) or vice versa; or attempt to hack or scam other users;

6.16. imply or state that any statements you make are endorsed by Battlehouse without Battlehouse’s prior written consent;

6.17. use the Site to promote, condone, endorse, distribute, publish, or post any material that solicits money, funds, or people;

6.18. modify the Site for your own personal or commercial purposes, including but not limited to, altering, adapting, licensing, sublicensing, or translating the Site; and

6.19. engage in any other conduct otherwise prohibited by this Terms of Service.

You may submit to us on a non-confidential basis any suggestions, ideas, proposals and other submissions relating to games (“Game Proposals”) for evaluation by Battlehouse. You acknowledge that all Game Proposals disclosed, submitted, or offered to Battlehouse in connection with the use of the Site shall be the exclusive property of Battlehouse. You agree that unless otherwise prohibited by law, Battlehouse may use, sell, exploit and/or disclose the Game Proposals in any manner, without restriction and without compensation to you. You agree that you will not assert any claim against Battlehouse or our customers in connection with any Game Proposals. Battlehouse is under no obligation to evaluate or use any Game Proposals you submit to us.

7. Framing Site Content.

Battlehouse may allow you to frame online versions of specified Site Content on your own personal and non-commercial website, in Battlehouse’s sole discretion. Any such use is subject to a limited license to link or frame certain Site Content on your own personal and noncommercial website. If you elect to link or frame the Site Content on your website, you must not modify, reverse engineer, or disable any of the components embodied in such Site Content (e.g., you may not modify, alter, obscure, or delete the links back to the Site as provided by Battlehouse or any applicable legal notices for the Site Content). Battlehouse reserves the right to revoke the license granted under this section and to make unavailable the Site Content that was previously offered to you without notice. You assume all risks associated with the use of any Site Content. In this regard, you acknowledge that you may not rely on any Site Content made available to you (or on its continuing availability).

8. User Content and Feedback.

You may submit reviews or other feedback using forms on the Site and participate in online services which may create, share, obtain, and transmit content such as text, graphics including virtual personas (or avatars), virtual skills, powers, or objects (“User Content”).

During your use of the Site or Site Content, including if you participate in such online services, you may be exposed to User Content that you deem offensive, inaccurate, indecent, or otherwise objectionable. You agree that Battlehouse is not liable for any User Content, including, but not limited to, any loss, damage, or harm of any kind incurred by you as a result of any User Content. Battlehouse does not pre-screen User Content, but has the right to remove any User Content that violates this Terms of Service, as Battlehouse may determine in its sole discretion.

By submitting User Content to Battlehouse, you grant Battlehouse a royalty-free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to (i) use, copy, sublicense, adapt, transmit, publicly perform, display, or create derivative works from any User Content, and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such User Content.

Battlehouse may store User Content indefinitely. However, Battlehouse has no obligation to store User Content or make it available to you in the future.

9. Privacy.

Your privacy is important to us. For more information, please see our Privacy Policy (located at https://www.battlehouse.com/privacy-policy) which is incorporated into these Terms of Service.

10. Mailings.

By indicating you want to receive e-mail updates from Battlehouse (such as during your Battlehouse account creation or by otherwise submitting your e-mail address to Battlehouse and requesting such e-mail), you are consenting to receive e-mails from us about our products, services, and other news. This Terms of Service will apply to all such e-mails (and such e-mails will be considered part of the Site Content). You can opt out from receiving emails by clicking on the unsubscribe button on any email. If you indicate during your Battlehouse account creation that you would like to be contacted by third parties, you agree that Battlehouse may share your information, including e-mail address, with such third parties.

11. User Submissions.

11.1. Submissions. Battlehouse may now or in the future permit submissions in journals, personal ads, chat, messages, reviews, blogging, etc. by you and other users (“User Submissions”), and the hosting, sharing and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Battlehouse does not guarantee any confidentiality with respect to any User Submissions.

11.2. Ownership and Limited License Grants. Users retain all ownership rights in their User Submissions.

11.2.1. Limited License Grant to Battlehouse. By submitting User Submissions to the Site, you hereby grant to Battlehouse, solely as necessary to provide the features and functionality of the part(s) of the Site within which you choose to make your User Submissions available, a worldwide, non-exclusive, perpetual, irrevocable, assignable, sub-licensable, fully paid-up, and royalty-free license to use, modify, display, reproduce, distribute and perform (if applicable), prepare derivative works of and otherwise fully exploit (“Use”) your User Submissions within the Site in any media formats and through any media channels, and to reformat, excerpt or translate any User Submissions. This license does not grant Battlehouse the right, except in providing the Site, to use your User Submissions for any other commercial purposes.

11.2.2. Limited License Grant to other Battlehouse Users. By submitting User Submissions to the Site, in cases where you display your User Submissions for other users to view, or when you directly exchange or otherwise provide your User Submissions to other users as permitted by certain Site functionality and the Terms of Service, you hereby grant to such users of the Services a non-exclusive license to use your User Submissions solely as necessary for such users to participate in the relevant Site functionality or activity.

11.2.3. Required Rights in User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and to authorize Battlehouse and Battlehouse’s users to use your User Submissions as necessary to exercise the license granted by you in this Section; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in any User Submissions to use the name or likeness of each and every such identifiable individual person, to enable inclusion and use of the User Submissions in the manner contemplated by Battlehouse and the Terms of Service and (iii) you will pay all royalties and other amounts owed to any person or entity due to your use of any User Submissions on the Site.

11.2.4. User Submissions Representations. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Battlehouse all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Battlehouse or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person, or (vi) engage in any other activity that is prohibited by the Terms of Service.

11.2.5. User Submissions Disclaimer. You understand that when using the Site you will be exposed to User Submissions from a variety of sources, and that Battlehouse is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Battlehouse with respect thereto, and agree to indemnify and hold Battlehouse, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site. Battlehouse does not endorse any User Submission or any opinion, recommendation or advice expressed therein, and Battlehouse expressly disclaims any and all liability in connection with User Submissions. If notified by a user or a content owner of a User Submission that allegedly does not conform to the Terms of Service, Battlehouse may investigate the allegation and determine in good faith and in its sole discretion whether to remove the User Submission, which it reserves the right to do at any time. Battlehouse has the right, but not the obligation, to monitor the Services and Battlehouse may remove any User Submission at any time for any reason. For clarity, Battlehouse does not permit copyright infringing activities on the Site. Battlehouse may store User Submissions indefinitely. However, Battlehouse has no obligation to store User Submission or make them available to you in the future.

11.3. Messaging and Chat. You are welcome to post, transmit or submit chat and messages (collectively “Messages”) within, or in connection with, the Site. Battlehouse accepts no responsibility whatsoever in connection with or arising from such Messages. Battlehouse does not endorse and has no control over the content of Messages submitted by others within the Site. Any communication between users is at your own risk. Use caution when communicating with other users of this site. Messages submitted are not reviewed by Battlehouse prior to posting and do not necessarily reflect the opinions or policies of Battlehouse. Battlehouse makes no warranties, express or implied, as to the content of the Messages within the Site or the accuracy and reliability of any Messages and other materials in within the Site. Nonetheless, Battlehouse reserves the right to prevent users from submitting content within the Site and to edit, restrict or remove such Messages for any reason at any time. Battlehouse assumes no responsibility for actively monitoring the Site for inappropriate Messages. If at any time Battlehouse chooses, in its sole discretion, to monitor the Site, Battlehouse nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the users submitting any Message. In submitting Messages within the Site, you agree to strictly limit yourself to discussions about the applicable subject matter. You agree that Battlehouse accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages.

11.4. Accessing Materials. Access to the Materials from territories where their contents are illegal is prohibited. Those who choose to access the Site from locations outside of the United States do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Users visiting the Site from countries outside of the United States must agree to abide by all local rules regarding online conduct and acceptable content.

12. Intellectual Property.

12.1. Trademarks. Battlehouse and all other related trade names, graphics, logos, trademarks, and service marks used on the Site are the owned, controlled or licensed by Battlehouse and may not be used by you for any purpose without Battlehouse’s prior express written permission.

12.2. Copyright Infringement. If you believe that your copyright-protected work has been copied and posted on the Site in a way that constitutes copyright infringement, then please contact Battlehouse’s DMCA Agent with the following information (please consult your attorney to better understand your rights and obligations under Section 512(c) of the Copyright Act and other laws):

12.2.1. Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);

12.2.2. Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);

12.2.3. Your contact information so that we can contact you (for example, your address, telephone number, email address);

12.2.4. A statement that you have a good faith belief that the use of the material identified in sub-section ii above is not authorized by the copyright owner, its agent, or the law;

12.2.5. A written statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.

12.2.6. Your physical or electronic signature.

Please send this written notice to our designated agent as follow:

DMCA Agent

Email: support@battlehouse.com

12.3. Counter-Notification. If material that you have posted to the Site has been taken down, you may file a counter-notification that contains the following details:

12.3.1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

12.3.2. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;

12.3.3. Your name, address and telephone number;

12.4. A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which Battlehouse, may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above;

12.5. Your physical or electronic signature.

Please send this written notice to our designated agent as follow:

DMCA Agent

Email: support@battlehouse.com

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing, or that the material or activity was removed or disabled by mistake may be subject to liability. Please also be advised that we enforce a policy of terminating the accounts of repeat infringers. A repeat infringer includes any user who has made two or more postings for which we receive a notice of infringement under this DMCA Notice and Takedown Procedure.

13. Third-Party Offerings; Payments.

13.1. The Site may include links to other web sites or services solely as a convenience to users (“Linked Sites”). Battlehouse does not endorse any such Linked Sites or the information, material, products, or services contained on other Linked Sites or accessible through other Linked Sites. Furthermore, Battlehouse makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. Access and use of Linked Sites, including the information, material, products, and services on Linked Sites or available through Linked Sites, is solely at your own risk, and you acknowledge that Battlehouse shall not be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by your use of any Linked Site.

13.2. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between you and such advertiser. You agree that Battlehouse will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.

13.3. If you opt in to connect your Battlehouse account and data with Facebook or with any other third party networking (or other) site, that data may become public through such third party other site.

13.4.1. Some services offered require payments. If you pay for a service in connection with the Site you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges, or terms effective upon prior notice to customers. No refunds will be given. In the event of an unjustified chargeback, immediate and permanent suspension or termination of your account will result. Any changes to fees will apply on a prospective basis. If you do not agree to any such changes to fees, charges, or terms, your sole remedy will be to terminate your subscription. You are solely responsible for and must provide all telephone and other equipment necessary to access the Site including without limitation Internet access software, modems and connectivity. We reserve the right to terminate any account at any time for any reason.

13.4.2. Billing, account maintenance, account customer service, and other support functions may be provided by a third-party billing service provider (the “Billing Service Company”) and not by Battlehouse. By signing up for a service, you agree to be bound by the terms and conditions imposed by the Billing Service Company, including its privacy policy, in addition to these Terms of Use. The Billing Service Company will be identified on the sign-up page for Subscription Services. Battlehouse reserves the right to change the Billing Service Companies at any time for any reason.

13.4.3. You will not be entitled to a refund during service outages that are caused by our maintenance on the servers or the technology that underlies the Site, failures of our service providers (including telecommunications, hosting and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, an act of God, war, civil disturbance or other cause beyond Battlehouse’s reasonable control.

14. Disclaimer of Warranties.

THE SITE (INCLUDING SITE CONTENT AND THE MATERIALS) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BATTLEHOUSE EXPRESSLY DISCLAIMS ALL CONDITIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND SYSTEM INTEGRATION WITH RESPECT TO THE SITE OR THE SITE CONTENT. BATTLEHOUSE DOES NOT WARRANT THAT THE SITE, THE SITE CONTENT OR THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.

15. Limitation of Liability.

(A) TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL BATTLEHOUSE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE (INCLUDING THE SITE CONTENT) OR THESE TERMS OF SERVICE, INCLUDING WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT BATTLEHOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. (B) IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE. (C) BATTLEHOUSE’S AGGREGATE MAXIMUM POTENTIAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE (INCLUDING PRODUCTS AND SERVICES SOLD THEREIN) SHALL BE THE GREATER OF (I) THE TOTAL AMOUNT PAID BY YOU TO BATTLEHOUSE IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM LESS THE PRO-RATA VALUE OF ANY SERVICE YOU RECEIVED DURING THAT PERIOD; OR (II) ONE U.S. DOLLAR ($1). MULTIPLE CLAIMS WILL NOT INCREASE THIS LIMIT. (D) YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS OF SERVICE SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

16. Exclusions and Limitations.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

17. Indemnification.

You agree to indemnify, defend, and hold harmless Battlehouse, its officers, directors, partners, employees, consultants, and agents, from and against any third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (a) any claim of intellectual property infringement relating to any game or game proposal you submit to us; (b) your violation of these Terms of Service or any applicable laws or regulations; or (c) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful programming routines input by you into the Site.

18. Modifications to these Terms of Service.

We may change these Terms of Service from time to time. We will notify you of any such material changes by posting the amended Terms of Service on this Site. You agree that you will periodically check the Site for amendments to these Terms of Service. You agree that you will be considered to have been given notice of any amendments to the Terms of Service once Battlehouse posts them to the Site. Your continued use of this Site following any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the updated Terms of Service.

19. Miscellaneous.

19.1. Notice. Except as explicitly stated otherwise, legal notices will be served on Battlehouse’s national registered agent or to the email address you provide to Battlehouse during the registration process. Notice will be deemed given twenty-four hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Services. In such case, notice will be deemed given three days after the date of mailing.

19.2. Waiver. The failure of Battlehouse to exercise or enforce any right or provision of this Terms of Service will not constitute a waiver of such right or provision. Any waiver of any provision of this Terms of Service will be effective only if in writing and signed by Battlehouse.

19.3. Governing Law. This Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

19.4. Jurisdiction. You agree that any action at law or in equity arising out of or relating to this Terms of Service or Battlehouse will be filed only in the state or federal courts in and for Santa Clara County, California, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.

5. Severability. If any provision of this Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Terms of Service and will not affect the validity and enforceability of any remaining provisions.

19.6. Assignment. This Terms of Service and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Battlehouse without restriction.

19.7. Survival. Sections 8, 11 and 13 through 17 will survive any termination of this Terms of Service.

19.8. Headings. The heading references herein are for convenience purposes only, do not constitute a part of this Terms of Service, and will not be deemed to limit or affect any of the provisions hereof.

19.9. Entire Agreement. This is the entire agreement between you and Battlehouse.

19.10. Time Limitation of Claims. YOU AND BATTLEHOUSE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Should you have any questions or concerns regarding these Terms of Service, please contact us through our website www.battlehouse.com or at:

DMCA Agent

Email: support@battlehouse.com