BITLOFT END USER AND LICENSE AGREEMENT
These Terms of Service ("Terms") set forth the substantive agreement between BitLoft and each user ("You" or "User"). These Terms govern your use of BitLoft’s online and mobile games, encompassing the Game, applications and services, and including the online functions of multimedia products, the websites and mobile sites (collectively “Websites”), servers, Software and the framework through which these services are provided (collectively, the "Services"). You should read these Terms carefully as they constitute the basis on which we offer the Services.
The Services are for your individual, non-commercial, entertainment or educational purposes only. Except as may be expressly permitted by this Agreement, you may not sell or exchange anything you copy or derive from the Services. Provided you comply with these Terms, BitLoft grants you a personal, non-exclusive, non-transferable, revocable, limited right during the term of these Terms to enter, use, perform, and display the Services and everyone on it. You agree not to interrupt or attempt to interrupt the operation of the Services in any way.
BY MARKING THE "I ACCEPT" CHECKBOX, YOU ACCEPT ALL TERMS AND CONDITIONS SET OUT IN THIS EULA. BY NOT MARKING THE “I ACCEPT” CHECKBOX, YOU REJECT BITLOFT’S OFFER, IN WHICH CASE, YOU MAY NEITHER INSTALL NOR USE THE SOFTWARE. SECTION 3, BELOW, DISCUSSES DATA COLLECTED IN THE COURSE OF YOUR INSTALLATION AND USE OF THE SOFTWARE. SECTION 16, BELOW, REQUIRES ALL DISPUTES THAT CANNOT BE INFORMALLY RESOLVED BETWEEN US TO BE SUBMITTED TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS. IF YOU DO NOT AGREE TO THESE OR ANY OTHER TERMS OF THIS EULA, DO NOT INSTALL OR USE THE SOFTWARE.
IF YOU DO INSTALL THE SOFTWARE, EACH TIME YOU USE THE SOFTWARE (INCLUDING AS IT MAY BE UPDATED, UPGRADED OR EXPANDED FROM TIME TO TIME IN BITLOFT’S SOLE DISCRETION), YOU WILL BE DEEMED TO HAVE ACCEPTED THE TERMS OF THIS EULA (INCLUDING ANY AMENDMENTS OR UPDATES MADE FROM TIME TO TIME).
Right to Return.
If you do not agree to the terms of this License and you have not installed or used the Software, you may return the Software for a refund within seven (7) days from the date of purchase by sending an email to email@example.com.
Table of Contents
Creation and use of certain additional functions and/or benefits of the Services are subject to the creation of an account with BitLoft (“Account”). If you do not have an Account, please contact your sponsor who has entered into an agreement with BitLoft or a BitLoft reseller relating to creating an Account.
2. Accuracy and Use of your Account Data.
You agree to supply true, accurate and complete personal information and keep it up to date (including in the event of a transfer of data from a pre-existing Account), in accordance with BitLoft’s requests in the registration process.
You shall not claim to be any other person or entity and shall not represent your identity or an affiliation with any other person or entity in an inaccurate way, including by using the username, password or any other information relating to someone else’s Account or name, likeness, voice image or photograph of another person or by providing false information concerning a parent or legal guardian if the registration process asks you this information You acknowledge and accept that BitLoft may investigate the accuracy of the information you give, by sending the necessary authorization checks via email.
If you provide information that is false, inaccurate, outdated or incomplete, or BitLoft has reasonable grounds to suspect the information is false, inaccurate, outdated or incomplete, BitLoft has the right to suspend or terminate your Account and prohibit current or future use of the Services (or any portion thereof) by you.
You also agree to promptly inform BitLoft (at firstname.lastname@example.org) of unauthorized use of your Account or of other security violations involving the Services as brought to your attention.
You acknowledge the Software and Game are owned and/or validly licensed by BitLoft to you and that they are protected by laws governing copyright, trademark, intellectual property and other property rights.
Under the terms of this EULA, and for purposes of playing the Game, BitLoft grants you a personal, non-exclusive, revocable license to install and use the Software and play the Game for your personal use solely as set forth in this EULA and the accompanying documentation. Your acquired rights are subject to your compliance with this EULA.
Commercial use is expressly prohibited.
The term of this EULA and your license to use the Software and Game thereunder starts on the date you install or otherwise use the Software, and shall terminate as set forth in Section 10.
Unless permitted by BitLoft in writing or required by applicable law, you are prohibited from reproducing, sub-licensing, broadcasting, modifying, adapting, renting, lending, leasing, distributing or otherwise making publicly available the Software or rights to use the Software (including in particular, rental of the Software through Internet game rooms or cyber-cafes), except by transfer as expressly set forth herein.
Unless permitted by BitLoft in writing, the reproduction of the hard-copy packaging or documentation included with the Software recording media is prohibited.
4. Reservation of Rights and Restrictions.
This Software is licensed, and not sold. You have purchased a license to use the Software and your rights are subject to this EULA. Except as expressly licensed to you herein, BitLoft and its licensors reserve all right, title and interest in the Software and the Game you use the Software to play (including all characters, storyline, images, photographs, animations, video, music, sound effects, text and in-game virtual property), and all associated copyrights, trademarks, and other intellectual property rights therein.
The license granted under this EULA is limited to the intellectual property rights of BitLoft and its licensors in the Software and Game, as necessary to use the Software and play the Game as permitted under this EULA, and does not include any rights to other patents or intellectual property. This EULA does not grant any rights relating to any brands or services connected with the Software or Game.
Except to the extent permitted by applicable law, you may not decompile, disassemble, translate, derive source code from, create derivative works based on, or reverse engineer the Software by any means. You may not extract code from the Software, or authorize any third party to perform or to attempt to perform this work on the Software. You may not remove, alter, circumvent or obscure any product identification, copyright, or intellectual property notices in the Software.
It is strictly prohibited to use the Software to connect with or play the Game or any facsimile thereof on any servers that are not authorized by BitLoft ("grey shards" or the like). In addition, you may not emulate or operate such servers or assist any third party to do so.
It is also strictly prohibited to use third-party software or any device to modify the Software in any way, intercept or scan Game traffic or communications, alter the way the Game plays or play in an abnormal manner or in a way that could impair the Game’s correct operation. This prohibited third party software or devices include, but are not limited to, those in the nature of "addons", "hacks", "cheats", "trainers", "mods", or the like by any name. The authorizations granted to you in accordance with this EULA cannot be used to create or supply any opportunity for third parties to access the Game, including through server emulators or similar devices. To the fullest extent permitted by applicable law, you agree that BitLoft may scan your computer’s memory or hard disk drive to detect or locate any unauthorized third party program or device, with or without prior notice to you at any time. Furthermore, you may not use the Software in a manner causing an unreasonable or disproportionate burden on BitLoft’s infrastructure.
5. No Rights Over Results of Use of Software/Content.
This EULA grants you a limited license to use the Software to play the Game. You have no rights to or in the Software and/or the Game or its content.
You acknowledge all characters created and all objects or attributes acquired and developed during play are an integral part of the Game and remain the property of BitLoft and its licensors.
You further acknowledge the Software contains, without limitation, the following: (a) graphics, sound effects, music, visual animations and text ("Content") to which you have no property rights and no intellectual property rights; and (b) other content, including contributions by other users of the Game.
Where by applicable law you own certain copyrights over any Content created by you by using the Software and/or the Game, you hereby assign to BitLoft and its licensors all intellectual and industrial property rights in this Content. Where this assignment is not possible, you grant to BitLoft and its licensors all comprehensive, exclusive, perpetual, worldwide and assignable rights, free-of-charge, to use all Content created by you by using the Software and the Game immediately on creation. These rights to use Content shall extend to all known forms of use and include without limitation the right to copy, reproduce, change, adapt, modify, publicly display, distribute, process, translate the Content, the right to license and sublicense the Content to third parties, and to market, whether by way of leasing, renting, or otherwise.
You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to BitLoft and other players’ use and enjoyment of these assets in connection with the Game and related goods and services under applicable law. The license granted to BitLoft, and this waiver of applicable moral rights, survives termination of this License.
You acknowledge you have, except as may be expressly permitted by BitLoft, no right to and may not sell, auction, transfer, or in any way make available, whether free of charge or for a fee, any content (including content generated by you or another user), character/avatar, object, item or any component of the Software or Game, to another person. All such actions, especially those performed via online auctions, forums or chat rooms, will therefore contravene the terms of this EULA and will entitle BitLoft to terminate this EULA and your license to use the Software and play the Game. You acknowledge the unauthorized trading or other distribution of Game content is detrimental to BitLoft’s image and that of the Game, and BitLoft reserves the right to seek compensation from you to the fullest extent permissible by applicable law.
6. Rules of Conduct.
You shall use the Services only for lawful purposes, and are responsible for your use of, and communications on, the Services. More particularly, you undertake not to directly or indirectly:
- use within the framework of the Services any element or content which would infringe on the intellectual and industrial property rights including patent, trademark or copyrights, right to privacy or publicity and/or image rights and/or any other rights of others;
- create, use, share or publish by any means (forum, public profile or other means) within the framework of the Services any material (text, words, images, sounds, videos, etc.) or content which, in BitLoft's estimation, is unlawful, harmful, abusive, harassing, threatening, malicious, defamatory, libelous, untruthful, pornographic, pedophilic, obscene, vulgar, racist, xenophobic, liable to incite hatred, sexually explicit, violent, contrary to morality; encourages criminal conduct or would give rise to civil liability, or otherwise violates any applicable local, state, national, or international law or is in any other way unacceptable to BitLoft;
- create, use, share and/or publish by any means (forum, public profile or other means) within the framework of the Services any material (text, words, images, sounds, videos, etc.) which would constitute a breach of an obligation of confidentiality or which would incite the committing of an unlawful act (in particular, infringing others' intellectual property, piracy, hacking or circulation of counterfeit software);
- conduct activities aimed at accessing elements or functions of the Services whose use has not been authorized by BitLoft;
- access the Services by means other than those provided by BitLoft;
- harm minors in any way;
- solicit personal information or data from anyone under 18 years of age;
- maintain a link from another website to the Services without BitLoft’s prior written approval;
- arrange, modify, translate, adapt, reproduce, index, copy or extract information, software, products or elements or part of the Content by any means without BitLoft's express prior permission;
- modify, distort, block, abnormally burden, disrupt, slow down or hinder the normal functioning of the Services, or their accessibility to other Users, or the functioning of the partner networks of the Services, or attempt to do any of the above;
- transmit or propagate any virus, Trojan, worm, bomb, corrupted file or similar destructive device or corrupted data within the framework of the Services, or organize, participate in or be involved in any way in an attack on BitLoft’s servers or the Services or those of its service providers and partners;
- create, use and/or circulate "auto" or "macro" computer programs or other cheat programs or software applications, and/or use the Services via a mirror site;
- "bot", "hack", ”mod”, “trainer”, or "crack", or otherwise attempt to circumvent any access control, copyright protection or license-enforcement mechanisms associated with or related to the Services, including the ones discussed herein;
- create or supply other means enabling use of the Services by other persons, for example server emulators;
- harass other Users of the Services, send them unsolicited messages for commercial prospecting purposes, use the Services for purposes of surveys, competitions, pyramid selling or similar operations, or for sending mass emails, spam or any unsolicited advertising or promotional items, for commercial purposes or otherwise;
- use incorrect information, use another User's Account, assume another person's identity or present false credentials to disguise the origin of any content transmitted through the Services;
- use any means not expressly permitted by BitLoft to collect or intercept data exchanged by other Users within the framework of the Services, or the names/screen names or passwords of another User;
- attempt to obtain a password, information concerning an Account or other information of a private nature from another User of the Services, or sell, rent out, share, lend or in any way transfer to an outside party your Account or the means of accessing it or in any other way allow any outside party to benefit from your Account;
- make inappropriate use of the Game help service or the claim buttons or send untruthful reports to members of BitLoft's personnel;
- access, use, download from the Services or otherwise reproduce or supply to anyone (free of charge or in return for payment) any directory of Users of the Services or other information concerning Users or use of the Services;
- refuse to obey the instructions of a BitLoft representative or any requirements, procedures, policies, or regulations of networks connected to the Services; and
- impersonate any person or entity, including, but not limited to a representative of BitLoft, or falsely state or otherwise misrepresent your affiliation with a person or entity.
7. Privacy and Consent to Use of Data (User Generated Content “UGC”).
BitLoft offers you the possibility of (i) creating UGC of either original content or, if applicable, materials or tools made available to you by BitLoft in certain Services, and (ii) publishing this UGC via the Services.
If you create UGC, you shall comply with the clauses of these Terms at all times during and after the creation of this UGC. The Terms will continue to apply after termination of your Account.
You understand all UGC, whether you have publicly posted on a forum or privately transmitted to another Service User or to us, is your sole responsibility.
Though the Services are designed to be a safe place to share UGC, BitLoft cannot guarantee other Users will not misuse the UGC you share. If you have any UGC you want to keep confidential or do not want others to use (including but not limited to, photos, personal information, name, home address, telephone number, etc.), do not post it to the Services.
UNDER NO CIRCUMSTANCES WILL BITLOFT BE LIABLE IN ANY WAY FOR ANY UGC, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY UGC, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OR LOSS OF ANY UGC POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SERVICES. BITLOFT IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF UGC YOU POST TO THE SERVICES.
You declare that you accept that UGC may be developed and created using tools or on the basis of materials belonging to BitLoft, such as, in particular and without limitation, titles, fictional characters, names, themes, objects, scenery, costumes, effects, texts, dialogues, slogans, places, characters, diagrams, concepts, designs, graphics, animations, sounds, musical compositions, choreographies and other performances, videos, audiovisual effects, user-friendly features and any other element of a game or Services. Any UGC created with the materials is considered "User Modified Materials" as defined below and will be governed by this Agreement.
By accepting these Terms, you agree to transfer irrevocably to BitLoft, free of charge, all rights of use you may possess relative to the User Modified Materials created by you, including but not limited to, rights over trademark, patent, commercial secrets, copyright, neighboring rights and rights of publicity therein, allowing BitLoft to benefit freely from the following rights, listed only as an illustration and without limitation:
- The right to reproduce, permanently or temporarily, by any means and in any form, on all known or as yet unknown media, and in particular:
- the right to integrate the User Modified Materials in whole or in part in all BitLoft products and services, including but not limited to other online or offline games, movies, or other audio visual content;
- the right to load and download, display, execute, transmit or store by any means, in any place and on any medium, the User Modified Materials and all products incorporating any part of the User Modified Materials;
- the right to arrange, correct, develop, translate, digitize, encode or otherwise modify the User Modified Materials, and to reproduce the results of any one of these operations, by any means and on all existing or future media;
- the right to copy the User Modified Materials and all products incorporating the User Modified Materials, including modified, translated or arranged versions, in a number of copies decided by BitLoft, by any process and on all media (including but not limited to digital media, CDs, CD ROMs, DVDs, game cartridges, mobile phones, PDAs, Internet, tablets, etc.);
- the right to market, in return for payment or free of charge, and distribute (including to rent, sell and lend) the User Modified Materials, including modified or arranged versions, and all products incorporating the User Modified Materials, by any process and on any known or as yet unknown medium;
- the right to reproduce the User Modified Materials by any means, in any form and on any medium, as necessary for the rights of use referenced below; and
- the right to produce or order the production of any new product or service from the User Modified Materials or from any product incorporating the User Modified Materials.
This transfer of rights is granted on a worldwide basis and for the period of protection of each User Modified Material provided by applicable legislation. If a court of competent jurisdiction rules that some of the rights concerning the User Modified Materials created by you cannot be validly transferred to BitLoft as described above, you hereby grant BitLoft, free of charge, permanently or for the whole legal period of protection, an irrevocable and transferable right of use, reproduction, representation, modification, display, distribution and in general, exploitation of the User Modified Materials, by any means, on all known or yet known purposes on a worldwide basis, without you being mentioned as the source of this User Modified Materials, given the technical or operational constraints.
8. Collection, Transfer and Use of Data.
In addition to information you give BitLoft directly, BitLoft collects non-personally identifiable (or anonymous) information to improve our products and services, including each Game, provide the Services to you, facilitate the provision of Software updates, and product support and to communicate with you. The non-personally identifiable information BitLoft collects includes technical and related information that identifies your computer or mobile device (including the Internet Protocol Address) and operating system, as well as information about your Game usage (including but not limited to successful installation and removal), Software, Software usage and peripheral hardware. This information is gathered periodically to improve our products and services, troubleshoot bugs, provide the Services to you and enhance your user experience.
9. Anti-Cheat and Fraud Prevention Technologies.
BitLoft strives to provide a safe and fair playing environment for all players of our Games. BitLoft employs anti-cheating and fraud prevention utilities to help prevent behaviors that can otherwise negatively affect player experience. In particular, when running, the Games may access information from your computer’s or mobile device’s random access memory (RAM) and CPU processes regarding unauthorized third party programs running concurrently with the Games. An "Unauthorized third party program" as used herein is defined as any third party software that, when used simultaneously or in connection with the Games, would constitute a violation of this Agreement. If the Game detects an unauthorized third party program, BitLoft may: (a) communicate information back to BitLoft, including without limitation, account name, details about the unauthorized third party program detected, and the time and date the unauthorized third party program detected; and (b) exercise all rights under any BitLoft agreement, with or without notice to you. BitLoft may also employ fraud-prevention utilities which collect non-personally identifiable information about your computer or mobile device when you create an account, place an order with us and/or log into Game services.
BitLoft may terminate this EULA immediately without prior notice if you fail to comply, violate or threaten to violate the terms of this EULA or another applicable agreement, infringe the intellectual property rights of any third party, or manifestly endanger public order or good moral standards as determined by us in our sole discretion, or if BitLoft is unable to verify or authenticate any information about you that you supply during the Game or other activity connected to the Software. We may also decide to terminate this EULA if we terminate operation of the Game.
You may terminate this EULA by destroying all copies of the Software in your possession or control, and informing BitLoft in writing or by means implemented by BitLoft for notice purposes. On termination, all rights granted to you hereunder automatically terminate.
On termination, you must cease all use of the Game and the Software and destroy all copies of the Game and the Software in your possession or control.
You acknowledge and agree that termination of this EULA or permanent deletion of the Game and Software may render your Account and any in-game attributes or content unusable, for which you will not attempt to hold or hold BitLoft responsible.
Termination will not limit any of BitLoft’s other rights or remedies at law or in equity.
Sections 6 through 18 of this EULA shall survive termination or expiration of this EULA.
No Warranty on Software Operation or Game Play; Force Majeure.
You acknowledge that, owing to the complexity of computer technology, and the nature of online games and play over a global communications network outside BitLoft’s control, BitLoft and its licensors cannot and do not guarantee the Software, the Game and any updates, upgrades or expansions of the Game or the Software will run permanently or uninterrupted on your computer or mobile device. BitLoft and its licensors are not liable for delays, system failures, system outages or difficulties, especially of a technical nature, due to legal restrictions or other circumstances beyond its control, including but not limited to third party criminal activity. BitLoft does not guarantee the version of the Game covered by this Agreement will be playable in locations where it is not available for sale at retail or at all times of the day or night.
Limited Remedy for Defects
If there is a defect in the Game or Software or any recording media on which it is embodied, your sole remedy is a replacement copy of the Game or the Software.
You may also have additional rights under applicable local law, which varies by jurisdiction.
Disclaimer of Warranties
EXCEPT FOR THE LIMITED WARRANTY ON RECORDING MEDIA (IF APPLICABLE), AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE, THE GAME AND ALL OTHER SERVICES PROVIDED BY BitLoft ARE PROVIDED TO YOU "AS IS," WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. BITLOFT AND ITS LICENSORS (COLLECTIVELY “BITLOFT” FOR PURPOSES OF THIS SECTION) DO NOT MAKE, AND HEREBY DISCLAIM, ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
BITLOFT AND ITS LICENSORS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR THE GAME; THAT THE SOFTWARE OR THE GAME WILL MEET YOUR REQUIREMENTS OR ENHANCE YOUR EDUCATION; THAT OPERATION OF THE SOFTWARE OR THE GAME WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT THE SOFTWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE OR THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY BITLOFT, ITS LICENSORS, OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL BITLOFT OR ITS LICENSORS BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION RELATED TO THE EULA, THE SOFTWARE OR THE GAME, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT BITLOFT OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BITLOFT AND ITS LICENSORS SHALL NOT BE LIABLE FOR DELAYS, SYSTEM FAILURES OR SYSTEM OUTAGES WHICH MAY AFFECT ONLINE GAME PLAY OR ACCESS THERETO.
SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
IN NO EVENT SHALL BITLOFT’S OR ITS LICENSORS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE AND THE GAME.
BY USING THE SOFTWARE, YOU AGREE TO INDEMNIFY AND HOLD BITLOFT, ITS LICENSORS, AND THEIR EMPLOYEES, PARTNERS, AFFILIATES, CONTRACTORS, OFFICERS, DIRECTORS AND AGENTS, HARMLESS AGAINST ANY THIRD-PARTY CLAIM, LIABILITY, LOSS, INJURY, DAMAGE, COST OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED BY BITLOFT OR ITS LICENSORS ARISING OUT OF OR FROM YOUR USE OF THE SOFTWARE OR THE GAME.
BitLoft reserves the right to change, modify, add or delete any clause of this EULA and notices herein at any time, temporarily or permanently and entirely at its own discretion.
Our policy is to comply with all applicable privacy and data protection laws. This commitment reflects the value we place on earning and keeping the trust of our employees, customers, business partners and others who share their Information with us.
INFORMATION NOT COVERED BY THIS POLICY
This policy does not apply to any public area of this Software or Game. To the extent you disclose information in any portion of this Software or Game viewable by the public or other registered users, or you disclose Information directly to another user, you acknowledge such disclosure is outside the scope of this Policy and you make that disclosure at your risk.
INFORMATION COLLECTION AND USE
BitLoft collects basic Information (such as, First and Last name and Email address, school/university affiliation, course and course number, professor, etc.), you will be asked to provide when you use certain BitLoft products or services, and when you participate in certain promotions. We do not ask for or collect social security numbers, driver’s licenses numbers, or other Information purely personal to your non-professional life.
For many users who use this Software or Game, a third party such as a Sponsor may have already paid the registration fee to secure the user’s access rights to this Software or Game.
To the extent a third party does not pay for your personal access rights, you will be required to pay for our products or services using our shopping cart. When you purchase something from this Software or Game, you will have the option of processing your purchase through PayPal or other financial service providers. When you indicate that you wish to make a credit card payment in order to register you will be transferred to either the PayPal or other financial service provider website, depending on your selection, where you will complete your transaction. Your credit card information will be received and stored only by the credit card processing website you select in accordance with its policies and will be seen by BitLoft or its employees or vendors only if you seek a refund.
Unique identifiers such as cookies (which may be html files, Flash files, or other technology), web beacons, or similar technologies (collectively, “Tracking Technologies”) are used to help tailor our content, allow users to move between associated websites without logging into each site, and other purposes related to our management of the Software or Game and related sites. Cookies are small text files stored locally on your machine to help store user preferences. “Web beacons” or “clear gifs” are small pieces of code placed on websites used to collect advertising metrics, such as counting page views, promotion views, or advertising responses. These Tracking Technologies are required for the BitLoft application to work properly. BitLoft may use the Information collected through use of Tracking Technologies for authentication (security), storing site preferences or as the identifier for a server-based session. Most web browsers will allow you to delete Tracking Technologies at any time.
BitLoft may engage in data mining, profiling, surveillance, data dredging, data fishing, data snooping or any similar techniques to extract information, track how you use your computer or record what websites you visit. BitLoft does use the Information it automatically collects from your use of this Software or Game to track how you use this the service and additional services we offer. We also collect this data for statistical analysis, archival purposes, and to improve the quality of our services.
BitLoft will use your Information (i) to enhance and personalize your experience on the Software or Game; (ii) to generate statistics and information about traffic to and on this Software or Game; (iii) to fulfill your requests for certain products and services; and (iv) for other business purposes.
BitLoft collects your IP address to help diagnose problems with our server, to determine the frequency with which our visitors look at various parts of the Software or Game, and to administer the services. The IP address is also used to gather broad demographic information such as geographic distribution of our visitors and may be used to allow us to provide goods and services appropriate to your place of residence.INFORMATION SHARING AND DISCLOSURE
BitLoft may share your Information with third parties when:
- We have your consent to share your Information;
- We need to share your Information to provide the product or service you requested and in connection with delivery of other information BitLoft believes you will find useful or interesting; or
- As implied by your Sponsor’s contract to use our services. If you use this Software or Game pursuant to an agreement between BitLoft and a third-party such as your school, Sponsor or employer, that third-party (all such third-parties, including corporations, academic institutions, government agencies, or otherwise, “Employers”) will have full access to your activity on this Software or Game and to your Information. You understand the administrators designated by your associated Employer will be able to monitor your behavior on this Software or Game and your Information and may share that in accordance with the associated Employer’s policies. If you have questions about your Sponsor’s use of your Information, you should consult your Sponsor.
BitLoft may also contract with persons to provide services including credit card processing, shipping, data management, promotional services, and other services related to our business and the products and services you may purchase. BitLoft provides its service providers the Information needed for them to perform these services. BitLoft also asks its service providers to confirm that their privacy practices are consistent with this Policy and Terms.
Although unlikely, in certain instances we may disclose your contact Information when there is reason to believe it is necessary to identify, contact or bring legal action against persons or entities that may be causing injury to you, us or others. We may also disclose your Information when we believe the law or legal process requires it. Also, if BitLoft merges into any other entity or is otherwise involved in any business combination in which it is not the surviving company, BitLoft will share your Information with the surviving entity only if the surviving entity agrees to comply with the terms of this Policy.
BitLoft has security measures in place to protect against the loss, misuse or alteration of your Information under our control. Once we receive your transmission, we will store all Information on secure servers behind a firewall.
Our management team and its engineers regularly review and update the integrity of this Software or Game and the security of your Information. BitLoft cannot, however, safeguard any data stored on your personal computer or any public computer on which you might access this Software or Game services.
OPTING-OUT, CORRECTING AND UPDATING YOUR INFORMATION
BitLoft uses email as a primary communication channel with registered users of this Software or Game. By providing us your email address, you grant to us (and our service providers, and marketing partners) permission to communicate with you via email for any purposes we determine relevant to your use of this Software or Game services or your relationship with us, including, but not limited to, system messages, product updates, service announcements, relevant educational sponsor offers, and other marketing messages.
Users who do not wish to receive marketing emails may unsubscribe from future mailings by clicking the unsubscribe link included in all marketing email messages.
BitLoft occasionally communicates with its users via email to provide information about requested services and regarding issues related to their account. Requesting the deletion of certain types of user information may prevent users from accessing some web site features.
If you are a registered user of this Software or Game, you may correct or update your Information by contacting the designated administrator.
Users who do not wish to receive information from our sponsors may unsubscribe from the sponsor’s email list at any time.
This Software or Game service is intended for use by users in the United States and is directed toward residents of the United States. You may not use this Software or Game, if use is prohibited by applicable law, rule or regulation.
This Software or Game is also intended for use by users more than thirteen (13) years of age. If you are under age thirteen (13) you may use this Software or Game only with the approval and assistance of your parent or guardian or designated administrator.
15. Notice to California Residents.
Pursuant to Cal. Civil Code § 1789.3, please note that (a) BitLoft is located at 510 E 96th St Ste 180, Indianapolis, IN 46240, (b) the fees and charges for the Services vary depending on the services selected by you, and (c) if you have a complaint regarding the Services or desire further information on use of the Services, visit https://BitLoft.com/contact/ or email: email@example.com.
16. Dispute Resolution.
The Services are controlled and operated by BitLoft from within the United States of America, and are intended for use only by residents of the United States. BitLoft does not represent or warrant that the content or materials of the Services are appropriate or lawful in any foreign country, or that any items or applications offered for sale or download through links on the Services will be available outside the United States. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are apply. You may not use or export or re-export any content downloaded from the Services or any copy or adaptation of the content, in violation of applicable laws or regulations, including without limitation U.S. export laws and regulations.
You and BitLoft shall first attempt to resolve any dispute informally for at least 45 days before initiating arbitration. The informal negotiations commence on receipt of written notice from one party. All Notices of Dispute must contain (a) the name and contact information of the complaining party; (b) a description of the nature or basis of the claim/dispute; and (c) the type of relief sought. Please direct your Notice of Dispute to:
Attn: Legal Department
510 E 96th St Ste 180
Indianapolis, IN 46240
All disputes, claims or controversies arising out of or relating to this Agreement or Terms, shall be determined exclusively by binding arbitration. A party electing arbitration shall initiate it through an established dispute resolution (“ADR”) provider mutually agreed on by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, in person, by telephone, online, or based solely on written submissions; b) any in person arbitration will be in Marion County, Indiana.
17.1. Compliance with Law.
You must respect all applicable laws regarding use of the Software and Game. BitLoft makes no representation that content in the Services is appropriate or available for use in jurisdictions outside the United States or that these Terms comply with the laws of any country outside the United States. Users who use the Services and reside outside the United States do so on their own initiative and are solely responsible for legal compliance with local laws, if applicable.
You shall not access the Services from any territory where the contents are illegal. You are solely responsible for compliance with applicable laws.
17.2. Injunctive Relief.
You acknowledge a breach of this EULA may cause irreparable injury to BitLoft and its licensors for which monetary damages would be an inadequate remedy and BitLoft and its licensors shall be entitled to equitable relief in addition to other available remedies.
17.3. Governing Law.
The laws of the State of Indiana, excluding its conflicts-of-law rules, govern this License and your use of the Application. For any dispute not subject to the Arbitration provisions of Section 16, above, you irrevocably agree the exclusive jurisdiction for any claim or action arising out of or relating to this License and/or your use of the Application shall be the federal or state courts located in Indianapolis, Marion County, Indiana, and you consent to the exercise of personal jurisdiction of these courts and waive all objections to the venue. Your conduct may also be subject to other local, state, national, and international laws. The U.N. Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this License or to any dispute or transaction arising out of this License.
You will abide by U.S. and other applicable export control laws and shall not transfer the Software to a foreign national or national destination, which is prohibited by these laws, without first obtaining, and then complying with any requisite government authorization. You certify you are not a person with whom BitLoft is prohibited from transacting business under applicable law.
17.5. Third-Party Beneficiaries.
Notwithstanding anything in this EULA to the contrary, you hereby acknowledge BitLoft’s licensors are intended third-party beneficiaries of this EULA and have the right to bring an action directly against you for a breach of this EULA to the extent required to enforce their rights in and to the Software or Game.
17.6. Entire Agreement.
Except as specifically set forth in this EULA, this EULA constitutes the entire agreement between you and BitLoft with respect to the Software and the Game and supersedes all prior or contemporaneous understandings, either express or implicit, regarding this subject matter. No amendment to or modification of this EULA will be binding unless made in writing and signed by BitLoft. None of BitLoft’s distributors, agents, or any of their respective employees are authorized to make modifications or additions to this EULA. Your personally-identifiable information may be protected by separate state or federal law.
17.7. Severability and Survival.
If a provision of this EULA is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this EULA shall continue in full force and effect.
17.8. No Waiver.
No failure to exercise, nor a delay in exercising, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of another right hereunder. In the event of a conflict between this EULA and applicable purchase or other terms, the terms of this EULA shall govern the relationship between you and BitLoft.
17.9. U.S. Government Restricted Rights.
If you are a government end-user, this provision applies to you. The Software and Game provided in connection with this EULA was developed entirely at private expense, as defined in FAR section 2.101, DFARS section 252.227-7014(a)(1) and DFARS section 252.227-7015 (or any equivalent or subsequent agency regulation thereof), and are provided as "commercial items," "commercial computer software" and/or "commercial computer software documentation". Consistent with DFARS section 227.7202 and FAR section 12.212, and to the extent required under U.S. law, the minimum restricted rights as set forth in FAR section 52.227-19 (or any equivalent or subsequent agency regulation thereof), any use, modification, reproduction, release, performance, display, disclosure or distribution thereof by or for the U.S. Government shall be governed solely by this EULA and shall be prohibited except to the extent expressly permitted by this EULA.
18. Web Hosting Services.
Last Updated: November 2, 2018