Starpires - Terms of Service
We reserve the right, at any time, to modify or discontinue the Site, with or without notice; charge fees in connection with the use of the Site; modify or waive any fees charged in connection with the Site; and offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, in whole or in part, or of any product, service, content, or feature offered through the Site. Your continued use of the Site after any modification will indicate your acceptance of such modification.
The Site is available only to people who are of legal age to form a binding contract, and IN NO EVENT MAY THE SITE BE USED BY A PERSON AGED 13 OR YOUNGER. The Site is controlled and operated by the Company from the United States of America, and the Company does not represent or warrant that the Site is appropriate or available for use in any particular jurisdiction. You choose to use, view, or access the Site on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules, and regulations.
Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Bad Pug Games, Inc. policies, BPG grants you a non-exclusive, non-transferable, revocable limited license subject to access and use the Service using a web browser (such as Mozilla Firefox or Microsoft Internet Explorer) or mobile device solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
You understand that while at times you may "earn", "buy" or "purchase" (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the Service; or (b) virtual in-game items (together with virtual currency, "Virtual Items"); these real world terms are only being used as shorthand. You do not in fact "own" the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, you may purchase a limited license to use the Service, including software programs that occasionally manifest themselves as these items. Any "virtual currency" balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.
Use of the Service
The following restrictions apply to the use of the Service:
- You shall not create an Account or access the Service if you are under the age of 13;
- You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal and Facebook Credits) by minors;
- You shall not have more than one Account, per platform or SNS, at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
- You shall not have an Account or use the Service if you have previously been removed or banned by Bad Pug Games, Inc..
- You shall use your Account only for non-commercial purposes.
- You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spam) to anyone;
- You shall not use your Account to engage in any illegal conduct;
- If you access the games from an social networking service you shall comply with its terms of service/use as well as these Terms of Service.
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license, and may subject you to liability for violations of law. Any attempt to disrupt or interfere with the service including undermining or manipulating the legitimate operation of any BPG game is a violation of these terms and service and may be a violation of criminal and civil laws.
You agree that you will not, under any circumstances:
- Engage in any act that Bad Pug Games, Inc. deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms, our game rules, game mechanics or policies;
- Make improper use of Bad Pug Games, Inc.' support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel; or
- Use the Service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
CHEATING AND HACKING - You agree that you will not, under any circumstances:
- Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Service or any BPG game experience;
- Use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third party software designed to modify or interfere with the Service or any BPG game experience;
- Disrupt, overburden, or aid or assist in the disruption or overburdening of Bad Pug Games, Inc. servers or services.
- Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service; or
- Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by BPN, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;
OFFENSIVE OR INFRINGING CONTENT - You agree that you will not, under any circumstances:
- Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
- Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
- Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including Bad Pug Games, Inc. employees;
- Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person.
COMMERCIAL ACTIVITY - You agree that you will not, under any circumstances:
- Without Bad Pug Games, Inc. express written consent, use the Service or any part thereof for any commercial purpose, including but not limited to (1) communicating or facilitating any commercial advertisement or solicitation, or (2) gathering or transferring Virtual Items for sale;
- Use the Service or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Service; or
- Transmit unauthorized communications through the Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;
UNAUTHORIZED USE OR CONNECTION TO THE SERVICE - You agree that you will not, under any circumstances:
- Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms of Service;
- Use any unauthorized third party software that accesses, intercepts, "mines", or otherwise collects information from or through the Service or that is in transit from or to the Service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service.
- Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Service, whether through the use of a network analyzer, packet sniffer or other device;
- Make any automated use of the system, or take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure;
- Bypass any robot exclusion headers or other measures We employ to restrict access to the service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;
- Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service; or (2) any connection using programs, tools, or software not expressly approved by BPG;
- Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by Bad Pug Games, Inc.; or
- Copy, modify or distribute rights or content from any BPG site or game, or BPG's copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Service;
COLLECTION AND PUBLICATION OF PERSONAL INFORMATION - You agree that you will not, under any circumstances:
- Solicit or attempt to solicit personal information from other users of the Service;
- Collect, harvest or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service; or
- Upload or transmit or attempt to upload or transmit, without BPG's express permission, any material that acts as a passive or active information collection or transmission mechanism.
Suspension and Termination of Account and Service
We reserve the right, in our sole discretion limit, suspend, terminate, modify or delete accounts if we believe, or have been notified by a third party of its belief that, you may be be in violation of the terms of service, any other Bad Pugs Games policies, or infringing on the rights others. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Site or to any products or services available through the Site for any reason or no reason, with or without notice. In the event of termination, your account will be disabled and you will not have access to your account.
Bad Pug Games, Inc. reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. In such event, BPG shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service.
Although you retain any ownership rights that you may have to your content, by submitting or providing any content to the Site, you hereby grant to the Company and its successors and assigns a perpetual, worldwide, non-exclusive, royalty-free, irrevocable right and license (including any moral rights or other necessary rights) to use, display, reproduce, publish, distribute, perform, promote, archive, adapt, and translate such content in connection with the Site, in whole or in part and in any media now known or developed in the future, and to develop, use, distribute, and publish information and statistics derived from your content for use on a masked, aggregate basis. While we may make commercially reasonable efforts to restrict or limit access to information you post according to settings you may choose from time to time in connection with the creation or maintenance of your public profile, the license granted to us in this paragraph is not restricted by such settings. Without this license, the Company would not be able to make your content available through the Site.
You represent and warrant that you have all legal, moral, and other rights that may be necessary to grant the Company the license described in the preceding paragraph. You agree that you will not make any claims against the Company based on any allegations that any activities or alleged omissions within the Site, whether or not by or condoned by the Company, infringe any intellectual property rights associated with your content. You acknowledge and agree that the Company has the right (but not obligation), in its sole discretion, to refuse to publish or to remove or block access to any content you submit or provide to the Site at any time and for any reason, with or without notice.
You are entirely responsible for all User Content you post or otherwise transmit via the Service. BPG assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate or illegal content or conduct.
We have no obligation to monitor User Content. If We choose at any time, in our sole discretion, to monitor the Service, We have the right, in our sole discretion, to edit, refuse to post, or remove any User Content and We may monitor and/or record your interaction with the Service or communications when you are using the Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording.
Public Discourse & Unsolicited Ideas
The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. BPG cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Service. BPG shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
If you submit suggestions, proposals, comments or other materials (collectively "Submissions") within the Service you understand and agree that BPG (1) shall have no obligation to keep your Submissions confidential; (2) shall have no obligation to return your Submissions or respond in any way; and (3) may use your Submissions for any purpose in any way without notice or compensation to you.
Responsible For Your Own Content
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others.
Information, materials, products or services provided by other users (for instance, in their profiles) may, in whole or in part, be unauthorized, impermissible or otherwise violate these Terms of Service, and BPG assumes no responsibility or liability for this material.
BPG may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of BPG may violate these Terms of Service.
FEES AND PURCHASE TERMS
In the Service you may purchase, with "real world" money, a license to use Virtual Items and or other goods or services.
PURCHASES OR REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY TO ACQUIRE A LICENSE TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE.
You can license Virtual Items by visiting the purchase page in one of our games, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms. When you purchase a license to Virtual Items from our Service. BPG keeps records of transactions in order to deal with any subsequent queries. If you purchase Facebook Credits from Facebook, you are agreeing to Facebook's Payment Terms and BPG is not a party to the transaction.
Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. BPG may revise the pricing for the goods and services it licenses to you through the Service at any time.
You acknowledge that BPG is not required to provide a refund for any reason, and taht you will not receive money or any other compensation for unused virtual items or credits when you account is closed, whether such closure in voluntary or involuntary.
Notice to Copyright Holders
We are committed to upholding the rights of copyright holders. If you are a copyright holder, or an agent of a copyright holder, and you believe that a Site user posting, submission, or other content infringes upon your copyright, please submit a notification to us. You may do so pursuant to the Digital Millennium Copyright Act, by providing the following information to our copyright agent:
A physical or electronic signature of a copyright owner or an authorized agent of anyone who holds proprietary rights to the material that has been infringed.
- Specific identification of the material claimed to have been infringed.
- Specific identification of the material that is claimed to be infringing.
- A statement that you believe the use of material, in the way that you have deemed unlawful, is not authorized by the copyright owner or its agent.
- A statement that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right, under penalty of perjury.
- Contact information, such as a street address, telephone number and an email address, so that we can contact you.
- Such information must be sent to our copyright agent by email at firstname.lastname@example.org
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SITE OR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE IS AT YOUR SOLE RISK. THE SITE AND ANY PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
(b) THE COMPANY DOES NOT WARRANT THAT (i) THE SITE OR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE OR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, RELIABLE, ERROR-FREE, VIRUS-FREE, OR OF ANY QUALITY; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTIONS; OR (iv) ANY ERRORS IN THE SITE OR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE WILL BE CORRECTED.
(c) IF YOU DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SITE.
(e) THE COMPANY IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR CONTENT CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION USER PROFILE AND EVENT INFORMATION. WE CANNOT AND DO NOT INDEPENDENTLY VERIFY PROFILE, EVENT, OR ANY OTHER INFORMATION POSTED BY USERS OF THE SITE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE OR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE; (B) THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION, PRODUCTS, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, DATA, OR TRANSMISSIONS; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR USING ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE; OR (E) ANY OTHER MATTER RELATING TO THE SITE OR THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE.
Information or Complaints
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to email@example.com. You also may contact us by writing to 600 University Street, Suite 2700, Seattle, WA 98101, or by calling us at (206) 467-1816. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Choice of Law; Jurisdiction; Forum