10. USE OF THE IN-GAME CURRENCY SYSTEM
While using the Services you may have the opportunity to use an online currency, which allows Users to license a variety of game add-ons, virtual in-game items, and other items that can be used in our Games and on some social network Site. You may be required to pay a fee in order to obtain online currencies. All such currencies are a “virtual currency” and have no monetary value, and cannot be transferred back into any actual currency.
Broadsword reserves the right, in its sole discretion, to alter at any time:
(a) the number of USD dollars, foreign currencies or other means used to purchase units of online currency (the "Exchange Rate");
(b) the number/quantity of a currency unit required to purchase any/all virtual items or upgrades;
(c) the number/quantity of currency units earned for any achievement, activity, or user action; and/or
(d) the means, method, and providers who offer third-party means to earn or purchase online currency.
11. ADDITIONAL TERMS REGARDING THE IN-GAME CURRENCY SYSTEM
(a) All Purchases Are Final: PLEASE NOTE THAT YOUR PURCHASE OF ONLINE CURRENCY IS FINAL AND UNDER NO CIRCUMSTANCES SHALL ANY MONIES PAID BE REFUNDABLE, TRANSFERABLE OR EXCHANGEABLE INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR ACCOUNT BY BROADSWORD (WHETHER WITH OR WITHOUT CAUSE) OR BY YOU.
(b) Limited License; No Ownership Rights: IF FOR ANY REASON, EITHER DUE TO THE TERMINATION OR MODIFICATION OF THIS AGREEMENT, AND/OR THE DISCONTINUATION OF THE SERVICES. SITE OR GAMES, AND REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL IN-GAME ITEMS, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE VIRTUAL IN-GAME ITEMS. THESE ITEMS ARE LICENSED TO YOU BY BROADSWORDd ONLY FOR THE DURATION OF THIS AGREEMENT.
(c) No Liability for Loss: Broadsword, its agents, successors and assigns shall have no liability for any hacking/cracking or other malicious actions by third parties that cause you to lose virtual items, achievements, upgrades or other items purchased with online currency. Broadsword will use reasonable efforts to replace/restore such items under certain circumstances in our sole and absolute discretion. Any loss of items caused by a violation of these Terms, or any federal/state/local laws will not be reimbursed.
(d) Pricing, Limitation, Discontinuation and Scarcity of Items: Broadsword reserves the right to change at any time, without prior notification, the Exchange Rate, the quantity, price and availability of any/all in-game items, achievements, upgrades and other items that may be purchased with online currency.
(e) Request for Additional Information: Broadsword reserves the right to require additional documentation from the User to verify identity before allowing certain in-game items to be purchased.
(f) Payment For Online Currency, Application of Taxes and Fees: The User is responsible for paying all fees and charges (plus applicable taxes) associated with playing the Games under User's Account(s), including any fees, excise or use taxes, Value Added Taxes (VAT) or levies due to any governmental agency. Unless otherwise stated, (i) payment of all fees and charges must be made by a valid, approved credit, debit or charge card at the time of purchase; and (ii) all fees and charges (including subscription fees) are non-refundable. User agrees that any purchases made by User via credit card are specifically authorized to be charged to the credit card given by User at the time of purchase.
(g) Payment via Third Party Services: In addition to earning currency within the Games, you may be presented with multiple third-party options to buy online currency of other providers. Broadsword takes no responsibility for these third-party sites. Use of the services of these sites will be governed by their respective terms of services and may be subject to additional service charges and fees. Any transfer of currency by you into online currency is final and no refunds will be given.
(h) Questions Regarding Online Currency: Your current online currency total is displayed on your User account. For questions about this total, you may send an email to
[email protected] or in writing to:
Broadsword Inc., Attn: Customer Support, Broadsword Online Studios Inc., 790 Stations Street, Suite 3000, Herndon, VA, 20170 USA.
12. PROHIBITION ON ACCOUNT, CURRENCY AND ITEM TRANSFERS
Your Broadsword account is non-transferable. You may not sell, loan, lend, lease, barter, exchange, pledge, or hypothecate your online currency or Broadsword User account for any item of value unless expressly permitted by Broadsword. Any attempted transfer of your account, whether for consideration or not, shall be null and void and shall cause your account to be terminated without compensation. Under no circumstances shall you allow or permit any other person or third party to use your account as a means to loan, lend, or lease your account usage. Your account is valid only for use by the person who registered it, without exception.
13. PROMOTIONAL PROGRAMS
Broadsword may implement marketing and promotional programs in which Users are offered benefits or considerations based upon the performance of specified activities, the satisfaction of specified requirements, or other criteria. Any such program, including the eligibility and selection of Users, the award, compensation or other benefit to be granted Users, if any, and the duration, shall be at the sole and absolute discretion of Broadsword. You acquire no right or interest to participate in such program or to the impartial implementation of the program and distribution of any awards, compensation or benefits. You hereby expressly waive and disclaim any such right or interest as a material Term of this Agreement. To the extent such program may involve one or more third parties, you further expressly waive and disclaim any such right or interest against such third party. Broadsword may elect in its sole and absolute discretion to contact you with regard to a program. You hereby expressly authorize Broadsword to contact you by means of the contact information you have provided to Broadsword.
14. LINKS TO THIRD-PARTY WEBSITES
Solely as a convenience to Users, Broadsword may provide links on the Services to other websites owned by third parties. Unless otherwise expressly stated, Broadsword does not endorse or control these third-party websites and assumes no responsibility for them or the content contained therein.
15. USE OF THE SERVICES OUTSIDE OF THE UNITED STATES
The Services are controlled and operated by Broadsword in the State of Virginia, United States of America. Broadsword makes no representations or warranties, either express or implied, that Services and other materials available through the Services are 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 Services 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 Services any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
16. GENERAL DISCLAIMERS
(a) THE SERVICES AND ANY ACCOMPANYING DOCUMENTATION AND MATERIAL ARE BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND WHATSOEVER. WITHOUT LIMITING THE INTENDED GENERALITY OF THE PRECEDING SENTENCE, BROADSWORD DOES NOT WARRANT THAT THE SERVICES OR ANY PORTION THEREOF (i) WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED; (ii) IS COMPATIBLE WITH ANY SOFTWARE, INCLUDING WITHOUT LIMITATION INTERNET BROWSER SOFTWARE; (iii) IS FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (iv) IS FREE OF DEFAMATORY, DEROGATORY OR ADULT-ORIENTED MATERIAL, OR MATERIAL THAT SOME INDIVIDUALS MAY DEEM OFFENSIVE OR OBJECTIONABLE. TO THE FULLEST EXTENT ALLOWED BY LAW, BROADSWORD DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
(b) BROADSWORD IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL BROADSWORD BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM YOUR USE OF THE SERVICES, ANY USER-GENERATED CONTENT POSTED ON THE SITE OR TRANSMITTED TO ANOTHER USER, OR ANY TRANSACTIONS BETWEEN OR AMONG YOU AND OTHER USERS, WHETHER ONLINE OR OFFLINE.
(c) THE SERVICES ARE CONTROLLED AND PROVIDED BY BROADSWORD FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. BROADSWORD MAKES NO REPRESENTATION THAT THE SITE OR THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. IF YOU ACCESS OR USE THE SITE OR THE SERVICES FROM OUTSIDE THE UNITED STATES, YOU DO SO VOLUNTARILY AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS APPLICABLE TO YOUR LOCATION.
(d) BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
17. LIMITATION OF LIABILITY TO THE FULLEST EXTENT ALLOWED BY LAW
BROADSWORD, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SAME. YOU UNDERSTAND AND AGREE THAT BROADSWORD CANNOT AND WILL NOT BE RESPONSIBLE FOR ANY LOSS OF YOUR USER GENERATED CONTENT OR ANY INTERRUPTIONS OF SERVICE, INCLUDING BUT NOT LIMITED TO ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR A DISRUPTION OF SERVICE.
18. INDEMNIFICATION
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Broadsword, its offers, directors, employees and agents, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney fees) arising from your use of the Services, your violation of any of the Terms, your violation of any third-party right, including without limitation any copyright, trade secret, privacy or property right, or any claim that your User-Generated Content caused damage to a third-party. This defense and indemnification obligation will survive this Agreement and your use of the Services.
19. BINDING INDIVIDUAL ARBITRATION
The term "Dispute" means any dispute, claim, or controversy between you and Broadsword regarding any Broadsword Game, product or service, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Section 19 (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced. If you have a Dispute with Broadsword or Broadsword's officers, directors, employees and agents that cannot be resolved through negotiation within the time frame described in the "Notice of Dispute" clause below. Other than those matters listed in the Exclusions from Arbitration clause, you and Broadsword agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section 19, and not litigate any Dispute in court. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION 19, YOU MUST NOTIFY BROADSWORD IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO BROADSWORD ONLINE SERVICES INC., 790 STATION STREET, SUITE 3000, HERNDON, VA 20170, ATTN: LEGAL/ARBITRATION AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH BROADSWORD THROUGH ARBITRATION.
Notice of Dispute. IF YOU HAVE A DISPUTE WITH Broadsword YOU MUST SEND WRITTEN NOTICE TO BROADSWORD ONLINE STUDIOS INC., 790 STATION STREET, SUITE 3000, HERNDON, VA 20170, ATTN: LEGAL/ARBITRATION TO GIVE BROADSWORD THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If Broadsword does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you or Broadsword with may pursue your claim in arbitration pursuant to the terms in this Section 19.
Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND BROADSWORD SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW.
Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or Broadsword elect to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association ("AAA"),
www.adr.org, or JAMS
www.jamsadr.com. The terms of this Section 19 govern in the event they conflict with the rules of the arbitration organization selected by the parties.
Arbitration Procedures. Because the software and/or service provided to you by Broadsword concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures") shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA's Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at
www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with Broadsword as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys' fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to Broadsword or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, excerpt for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration.You or Broadsword may initiate arbitration in Herndon, Virginia, USA.
Severability. If any clause within this Section 19 (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section 19, and the remainder of this Section 19 will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section 19 will be unenforceable, and the Dispute will be decided by a court and you and Broadsword each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.
Continuation. This Section 19 shall survive any termination of this Agreement.
20. GENERAL PROVISIONS
You agree that the Services shall be deemed exclusively based in the Commonwealth of Virginia, USA, and this Agreement shall be deemed to have been made and executed exclusively in the Commonwealth of Virginia. Any dispute arising out of this Agreement shall be resolved in accordance with the laws of the Commonwealth of Virginia without reference to its conflict of law provisions. You agree that any claim asserted in any legal proceeding by you or Broadsword shall be commenced and maintained in any state or federal court located in Fairfax County, Commonwealth of Virginia, USA, having subject matter jurisdiction with respect to such dispute. You and Broadsword agree to submit to the personal jurisdiction of such court. 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 the express prior written approval of Broadsword; Broadsword may assign this Agreement without restriction of any kind. No failure on the part of Broadsword 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 Broadsword with respect to the subject matter hereof and supersedes any prior oral or written agreements or understandings.
21. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
As an online service provider, Broadsword has adopted the following general policy regarding copyright infringement in accord with the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"). The address of Broadsword Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is:
Copyright Designated Agent Broadsword Online Studios Inc. 790 Station Street, Suite 3000 Herndon, VA 20170 USA
[email protected]
For any notice of infringement to be effective, the notice must include:
(a) A physical or electronic signature of a person authorized to act on behalf of the intellectual property owner of an exclusive right that is allegedly infringed;
(b) A description of the copyrighted work that you claim has been infringed upon;
(c) A description of where the material that you claim is infringing is located on the Site and/or in the Games;
(d) Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
(e) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
It is Broadsword's policy to block access to or remove content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any user or other content provider. If you believe that User-Generated Content or other material residing on or accessible through the Site infringes a copyright, please send a notice of copyright infringement to the Designated Agent. The notice of infringement should conform to the elements of notification provided in the DMCA, Section 512(c)(3), including: (i) contact information and the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed; (ii) identification of the copyrighted work or material infringed; (iii) identification and location the of the content claimed to be infringing so that it may be found and verified; (iv) a statement that the complaining party has a good faith belief that the use of the content in the manner complained of is not authorized; and (v) a statement, made under penalty of perjury, that all information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of the copyright claimed to be infringed. Once proper infringement notification is received by the Designated Agent, Broadsword will remove or disable access to the claimed infringing User-Generated Content or other material; notify the accused infringing party that it has removed or disabled access to the User-Generated Content or other material; and determine appropriate measures to prevent recurrence by the accused infringing party. The DMCA requires a service provider to give prompt notification to the accused infringing party of the copyright claim and that the accused User-Generated Content or other material has been removal or access to it has been disabled. Section 512(g). The accused infringing party may then issue a counter notification in the form provided in the DMCA, Section 512(g)(3). In such instance, Broadsword shall follow the procedures and requirements of the DMCA calling for notification to the complaining party and timely restoration of the User-Generated Content or other material alleged to be infringing.
I HEREBY ACKNOWLEDGE THAT I HAVE READ IN ITS ENTIRETY AND UNDERSTAND THE FOREGOING AGREEMENT. I AGREE THAT BY BROWSING, INSTALLING OR USING THE SERVICES I AM ACKNOWLEDGING MY AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
This Terms of Use Agreement was last updated January 31, 2014.
