Effective Date: December 14, 2016
This Terms of Service Agreement (“Agreement”) informs you of the terms, conditions, disclaimers, notices, and policies (collectively the “Terms”) that apply to your access and use of the website of BOXI Interactive Corporation (“BOXI”), located at www.boxi.net (“Site”) and any and all games and related products, including virtual goods, provided by BOXI (“Games”). Collectively, the Site and the Games are referred to as the “Service” in this Agreement.
This Agreement is a binding contract between you and BOXI that provides for important rights and obligations. By accessing, browsing, and/or using the Service and/or playing, downloading our Games you represent to BOXI that you have read, understood and agreed to be bound by this Agreement and all applicable local, state, national and international laws and conventions, including without limitation all intellectual property laws. BOXI reserves the right, at its sole and absolute discretion, to deny any user access to the Service, without notice. If you violate any of the Terms, we may, at our option, give you a warning notice of violation or terminate your account immediately for violation of the Terms.
If you do not agree to all of these terms, you must not access or use the site or access or use our games.
Eligibility to Accept Agreement and Use the Site
By registering for an account or otherwise using the Service, you represent that you are age 13 or older and you understand and agree to these Terms. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms.
BOXI’s Right to Modify Agreement
BOXI may modify this Agreement at any time, with or without notice to you, by posting the modified Agreement on the Site. Your continued use of the Service after such modification shall be deemed to be your acceptance of any such modification. Any such modification will only apply to matters and events which occur following the date of modification. It is your responsibility to check this Agreement regularly to determine whether the Agreement has been modified.
While playing BOXI games, you may have the opportunity to visit our in-game stores and use in-game “cash” to license a variety of virtual items that can be used while playing BOXI games. For each “real world” U.S. Dollar or unit of other currency that you authorize us to charge to your credit card, you will be awarded a designated amount of virtual currency; provided, however, that we reserve the right in our sole discretion at any time to change the number of units you will be entitled to for each “real world” U.S. Dollar or unit of other currency. You understand and agree that once you authorize us or another designated payment service to charge your credit card for a certain amount, such amount shall under no circumstances be refundable, including, without limitation, upon termination of your account for any reason, termination of this agreement and/or the discontinuation of the service. Regardless of the consideration offered or paid in exchange for virtual currency, you do not have any ownership rights in the items obtained with virtual currency. You acknowledge that the virtual currency acquired through BOXI games is not real currency or any type of financial instrument and is not redeemable for any sum of money from us at any time.
BOXI’s Ownership of the Service and Proprietary Materials
The Service contains copyrighted material, technology, trademarks, service marks, trade secrets, and other proprietary information, which may include computer code, text, data, video, images, illustrations, animations, sounds, musical compositions and recordings, audiovisual effects, color schemes, business methods and methods of operation, concepts, ideas, know-how, moral rights, and any related documentation (collectively the “Proprietary Material”). All intellectual property rights to the Proprietary Material, including patent, copyright, trademark and trade secret rights, are owned or licensed by BOXI. You agree not to copy, download, reproduce, republish, upload, post, transmit, perform, display, distribute or sell, or in any other way exploit the Proprietary Material, or to participate with or to encourage others to engage in such acts. Moreover, you may not reverse engineer, disassemble, decompile, or translate any computer software programs that comprise Proprietary Material, or otherwise attempt to derive the source code of such programs, except to the extent allowed under any applicable law. If applicable law permits such activities, any information so discovered must be promptly disclosed to BOXI and shall be deemed to be the confidential proprietary information of BOXI. Nor may the Proprietary Material, or any portion thereof, be modified or used for any purpose other than as expressly authorized in this Agreement. The Proprietary Material may include materials licensed by BOXI from third parties. The licensors of those materials are an intended beneficiary of this Agreement and may enforce their rights in the event of any violation of this Agreement.
All rights not expressly granted to you in this agreement are reserved by BOXI.
Ownership of Ideas Inventions and User Submissions Including User-Generated Content
The Service provides you with access to a variety of resources, materials and downloads, and may allow you to access content made available by BOXI and other users. Such content may include, without limitation, game levels, content creation tools, audio, video, film, music, text, communications, software, graphics, images, and information. All such content made available by you or by other users of the Service is referred to in this Agreement as “User-Generated Content.” As between BOXI and you, you own the copyright in any User-Generated Content that is exclusively created by you. You expressly acknowledge and agree that any User-Generated Content that you make available through the Service may be made freely available by BOXI to others, including without limitation for download by others.
You further acknowledge and agree that this permission is made and granted by you in consideration of your use of the Service, and that this permission constitutes a world-wide, nonexclusive, perpetual, royalty-free, irrevocable and transferable license to BOXI to use, copy, perform, display and distribute such User-Generated Content, and to grant and authorize sublicenses of such User-Generated Content to others.
All comments, feedback, suggestions, gameplay features, level designs, and other submissions (“User Ideas”) disclosed, submitted, or offered to BOXI shall be the exclusive property of BOXI. Unless otherwise prohibited by law, BOXI may use, sell, exploit, or create derivative works from these User Ideas and, further, BOXI may disclose these User Ideas to third parties or the general public, without compensation to you.
You acknowledge that User Ideas and User-Generated Content are provided by you on a completely voluntary basis. Should you not wish to have your User Ideas or User-Generated Content incorporated into any game or website functions, you may choose not to share them with BOXI on the Site or in the Games.
Termination of Games or Service
BOXI may terminate access to any or all Games and/or Services at any time by giving you notice of such termination within the time period specified when you consented to the Service, or if no time period for notice of termination was specified, then no less than thirty (30) days of the date such notice is either provided to you, at BOXI’s discretion, either by email or by posting on the Site.
Without limiting any other remedies, BOXI may limit, suspend, terminate, modify, or delete accounts or access to BOXI services or portions thereof if you are, or BOXI suspects that you are, failing to comply with any of these terms of service or for any actual or suspected illegal or improper use of the service, with or without notice to you. You can lose your user name and persona as a result of account termination or limitation, as well as any benefits, privileges, earned items and purchased items associated with your use of the service, and BOXI is under no obligation to compensate you for any such losses or results.
Without limiting our other remedies, we may limit, suspend or terminate the service and user accounts or portions thereof, prohibit access to our Games and Site, and their content, services and tools, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the service if we believe that they are creating risk or possible legal liabilities, infringing on the intellectual property rights of third parties, or acting inconsistently within the letter or spirit of our terms or policies. Additionally, we may, in appropriate circumstances and at our sole discretion, suspend or terminate accounts of users who may be repeat offenders of third party intellectual property rights.
BOXI reserves the right to stop offering and/or supporting the service or a particular game or part of the service at any time, at which point your license to use the service or a part thereof will be automatically terminated. In such an event, BOXI shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued services. Termination of your account can include disabling your access to the service or any part thereof including any content you submitted or others submitted.
Prohibited Conduct/Representations and Warranties
You represent and warrant that you will not, in connection with your use of the Service:
- violate any law (including without limitation laws related to torts, contracts, patents, trademarks, trade secrets, copyrights, defamation, obscenity, pornography, rights of publicity or other rights) or encourage or provide instructions to another to do so;
- act in a manner that negatively affects other users’ ability to use the Service, including without limitation by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating, violent or encouraging of violence, harassing, vulgar, stalking, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable;
- post any user content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other form of unauthorized solicitation;
- post any user content containing sweepstakes, contests, or lotteries, or otherwise related to gambling;
- post any user content containing copyrighted materials, or materials protected by other intellectual property laws, that you do not own or have a license to;
- make misleading statements or misrepresent any fact (including without limitation your identity);
- post any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial of service attack or similar conduct;
- use any computer or device that is running any application, software or technology that is not expressly authorized by us for use and that enables cheating or accomplishing game tasks that cannot be accomplished without the use of such an application, software or technology, including without limitation automation software (bots), hacks, or other devices for enabling the interoperability of unauthorized third-party software that modifies the gaming experience;
- exceed your authorized access to any portion of the Service, databases, computer, or device;
- collect or store personal data about anyone;
- modify any part of the Service;
- obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service;
- exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available.
User Registration and Account Security
As a condition to using certain components of the Service, you may be required to register with BOXI and select a password and username (“User ID”) to obtain a personal account. In cases where you do not choose a user name/screen name, BOXI may automatically assign you a user ID to identify you to our servers.
You may not select or use as a User ID the name of another person with the intent to impersonate that person; use as a User ID a name subject to any rights (including trademarks or copyrights) of others without appropriate authorization; or use as a User ID a name that is otherwise offensive, vulgar or obscene. BOXI reserves the right to refuse registration of, or to cancel, a User ID in its sole and absolute discretion. Notwithstanding the foregoing, you acknowledge that BOXI cannot guaranty the accuracy of any information submitted by any user of the Service, nor any identifying information about any user.
You are solely responsible for the activity that occurs through your account. You shall be solely responsible for maintaining the confidentiality of your password. You may not share your account with a third party or use the account of a third-party. You agree to notify BOXI immediately in writing of any unauthorized use of your account, or other account-related security breach of which you are aware.
(a) The services are being provided to you “as is” without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. BOXI does not warrant that you will be able to access or use the Service at the times or locations of your choosing; that the Service will be uninterrupted or error-free; that defects will be corrected; or that the Game or the service are free of viruses or other harmful components.
(b) BOXI is not responsible for the conduct of any user of services. Under no circumstances will BOXI be responsible for any loss or damage, including personal injury or death, resulting from your use of the services, any User-Generated Content, or any transactions between or among you and other users.
Limitation of Liability
To the extent allowed by law, BOXI shall not be liable to you for any damage of any kind incurred as the result of the following:
- delaying, rejecting or removing any or all content at any time for any or no reason whatsoever with or without notice to you;
- modifying or discontinuing temporarily or permanently, the Service (or any part thereof) with or without notice to you for any or no reason whatsoever;
- immediately terminating your access to the Service for any or no reason whatsoever and with or without notice to you;
- the accuracy, usefulness or availability of any information posted to or through the Service;
- any User-Generated Content that does not get recorded, or is deleted; or
- any loss or damage of any sort incurred by you as a result of interactions you have with other users, third-party advertisements or service providers, or third-party websites, found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, policies, warranties or representations associated with such dealings.
Links to Third-Party Websites
Solely as a convenience to users, BOXI may provide links on the Service to other websites owned by third-parties. Unless otherwise expressly stated, BOXI does not endorse or control these third-party websites and assumes no responsibility for them or the content contained therein.
Use of the Service outside of the United States
The Service is controlled and operated by BOXI in the State of California United States of America. BOXI makes no representations or warranties, either express or implied, that the Service is appropriate, legally permissible or available for use in other locations. Those who choose to access the Service from other locations do so at their own risk and are responsible for compliance with all federal, state and local laws.
Whether or not you use the Service inside the United States of America, you agree to abide by any applicable export control laws and not to transfer, by electronic transmission or otherwise, any User-Generated Content, software or other materials subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Service any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
You acknowledge and agree that money damages would not be a sufficient remedy for any breach or threatened breach of this Agreement by you. BOXI shall be entitled to seek equitable relief, including a preliminary and final injunction and specific performance, as a remedy for any such breach. Such remedies shall not be the exclusive remedies for a breach by you, but shall be in addition to all other remedies available to BOXI at law or in equity.
You agree to indemnify, defend and hold BOXI harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
You agree that the Service shall be deemed exclusively based in the State of California, USA, and this Agreement shall be deemed to have been made and executed exclusively in the State of California. Any dispute arising out of this Agreement shall be resolved in accordance with the laws of the State of California without reference to its conflict of law provisions. You agree that any claim asserted in any legal proceeding by you or BOXI shall be commenced and maintained in any state or federal court located in Los Angeles County, State of California, USA, having subject matter jurisdiction with respect to such disputes. You and BOXI agree to submit to the personal jurisdiction of such courts. The prevailing party in any such proceeding shall be entitled to reimbursement of court costs, including a reasonable attorney fee, in addition to any other remedy awarded. In the event any provision of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extend permissible and the remaining portions of this Agreement shall remain in full force and effect. You may not transfer or assign any of your rights or obligations provided in this Agreement without prior written approval by BOXI; BOXI may assign this Agreement, in whole or in part, to any person or entity at any time, with or without your consent. No failure on the part of BOXI to enforce any provision of this Agreement shall be deemed a waiver or consent. This Agreement constitutes and contains the entire agreement and understanding between you and BOXI with respect to the subject matter hereof and supersedes any prior oral or written agreements or understandings.