You may not interfere with the security of, or otherwise abuse this Site, the Services or any system resources, services or networks connected to or accessible through this Site or the Services. You may only use this Site and the Services for lawful purposes.
1. JURISDICTION & CHILDREN
Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities offered by this Site or the Services, you may not enter into this agreement or use this Site or the Services. By using this Site you are explicitly stating that you have verified in your own jurisdiction if your use of this Site and the Services is allowed.
You acknowledge and agree that access to and use of this Site and the Services is provided via the internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world.
During the registration process we may collect your name, birth date, email address, username, password, IP address, computer's hardware and operating system specifications, and where you permit your children to use the Site or the Services, their name, email address, username and password. Where a fee is payable for a Service, we may also collect your payment related information (such as your credit card number and billing address). Your information may be used by us:
to verify your eligibility to create and to maintain your Account;
to ensure that your Account, including your username, is unique;
to enable us to provide certain security and privacy safeguards;
to deal with security, debugging and technical support issues;
for billing and payment-related issues; and
to protect ourselves and others from abuse.
Where a child under thirteen years of age seeks to create an account, they may be required to provide their parent/guardian's name, phone number, address or email address so that we can contact them to verify their consent, including in some cases by sending a "Notice to Parents and Guardians of Informational Practices with Regard to Children" email. Children under thirteen are not permitted to use certain features of this Site or the Services until certain steps are taken by their parent/guardian.
Only "natural persons," as opposed to any kind of legal entities (e.g., corporations, limited liability companies, and/or partnerships) shall have the right to establish an Account. We hereby disclaim any and all responsibility and liability for any unauthorized use of your Account.
You must not choose a username that infringes the rights of any third party, impersonates any Spin Master Studios employee, other users, celebrity or anyone with a considerable about of fame, which is deliberately confusing or which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate or which breaches the username requirements specified in our Code of Conduct noted below. You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions. You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any username at any time and for any reason in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer your right to use or access this Site or the Services via your username or password to any third person (except to your minor children if you are their parent or guardian).
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
You may not use the account, username, or password of anyone else at any time, unless they are your parent/guardian and you have your parent/guardian's permission to do so. You agree to notify us immediately of any unauthorized use, theft or misappropriation of your account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.
You cannot transfer your Account to any other person, or permit anyone, other than your children, to use same.
USE OF MESSAGING
You may create a separate Account for part of the Service (the "Forum") for the purpose of communicating with other players regarding game strategy within the Bakugan.com website. While participating in a Forum, in addition to adhering to the rules of conduct set out below in Section 5, you agree not to:
disrupt the normal course and pace of postings or chat, including through: (i) excessive shouting through the use of the "all caps" key; (ii) posting "Spam" messages; or (iii) sending repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages in a Forum or chat area;
harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any other person or player; and
participate in any action that, in the sole discretion of Spin Master Studios, "scams" or otherwise defrauds any other player, including with respect to any items that a player has earned or otherwise obtained.
4. PERSONAL USE ONLY
This Site and the Services are only for personal use. You may not use this Site or the Services for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
5. CODE OF CONDUCT
You are solely responsible for the content of any communications by you with third parties, including any communications about, concerning or through this Site or the Services. Spin Master Studios does not condone or allow spam. You agree that you will not use this Site or the Services to send unsolicited commercial or other e-mail.
While using this Site or the Services you agree to comply with all applicable laws, rules and regulations (including, but not limited to, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation). We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of this Site and the Services. In addition, and without limiting the foregoing, you agree not to:
post anything that (i) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (ii) is bigoted, hateful, or racially or otherwise offensive; (iii) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (iv) otherwise harms or can reasonably be expected to harm any person or entity;
post anything that is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
post anything that infringes or violates any right of a third party including: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) rights of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation;
post anything that (i) does not generally pertain to the designated topic or theme of this Site or the Services; (ii) violates any specific restrictions applicable to this Site or the Services, including age restrictions and procedures; or (iii) is antisocial, disruptive, or destructive, including anything that can be construed as "flaming", "spamming", "flooding", "trolling", or "griefing" as those terms are commonly understood and used on the internet.
post anything that (i)expresses or implies that any statements you make or actions you take are endorsed by us; or (ii)impersonate another person (including celebrities), indicate that you are a Spin Master Studios employee, representative of Spin Master Studios, including a CM or CS (Community Manager or Customer Support representative) or attempt to mislead users by indicating that you represent Spin Master Studios or any of Spin Master Studios' partners or affiliates;
post anything that is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
post anything that contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Service or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Service;
link (i) to any page of or content on this Site other than the URL located at www.bakugan.com or (ii) provide a link to any web sites that promote any product or any service;
download, copy, reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the content or information or game contained in this Site or the Services except as expressly authorized by us in writing;
use tools which hack or alter this Site, the Services or that allow you to connect to this Site's or the Services' private binary interface or utilize user or other interfaces other than those provided by us to you;
attempt to obtain a password or other private account information from any other person or user of this Site or the Services;
create multiple Accounts for the purpose of sale or transfer to others, transfer your Account to others, park your Account or those of others, or use another persons Account with Spin Master Studios; or
transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature.
Although Spin Master Studios is not responsible for any such communications or materials, we may delete any such communications or materials of which we become aware, at any time without notice to you.
While we endeavour to keep downtime to a minimum, we can't promise that this Site or the Services will be uninterrupted, secure or error-free. We reserve the right to interrupt/suspend this Site or the Services, or any part thereof, with or without prior notice for any reason and you shall not be entitled to any refunds of fees for interruption of this Site or the Services.
7. ACCESS TO THE INTERNET
You are solely responsible for obtaining and maintaining all internet, computer hardware and other equipment needed to access and use this Site and the Services and that you shall be solely responsible for all charges and fee related thereto.
8. CURRENCY OF WEBSITE
Spin Master Studios updates the information on this Site and the Services periodically. However, Spin Master Studios cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Site and the Services. Spin Master Studios may revise, supplement or delete information, services and/or the resources contained in this site and the Services and reserves the right to make such changes without prior notification to past, current or prospective visitors.
9. LINKED WEBSITES
This Site or the Services may provide links to third party websites for your convenience only. The inclusion of these links does not imply that Spin Master Studios monitors or endorses these websites. Spin Master Studios does not accept any responsibility for such websites. Spin Master Studios shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources.
10. INTERNET SOFTWARE OR COMPUTER VIRUSES
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site or the Services. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Site or the Services.
Spin Master Studios shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Site or the Services or your downloading of any of User Materials or other content from this Site. Spin Master Studios recommends that you install appropriate anti-virus or other protective software.
11. SWEEPSTAKES, CONTESTS AND GAMES
12. FEES FOR RELATED SERVICES
13. OUR MATERIALS
This Site and the Services are owned and operated by Spin Master Studios in conjunction with others pursuant to contractual arrangements.
Spin Master Studios may make certain content, software or other electronic materials (including all files, text, URLs, video, audio and images contained in or generated by such materials, and accompanying data) (collectively "SMS Materials") available to you from this Site or the Services, from time to time. If you download or use SMS Materials, you agree that such materials: (i) may only be used for your personal and non-commercial use, (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without Spin Master Studios' prior written permission, and (iii) shall be only be used in compliance with any additional license terms accompanying such materials. Spin Master Studios does not transfer either the title or the intellectual property rights to the SMS Materials, and retains full and complete title to the SMS Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the SMS Materials. You further agree not to decompile, reverse-engineer, disassemble, or otherwise convert any SMS Materials into a human-perceivable form. Spin Master Studios or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.
This website, (including its organization and presentation and SMS Materials) is the property of Spin Master Studios and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights.
14. YOUR MATERIALS
By any posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content ("User Materials") to this Site or the Services by you or at your direction, you are granting Spin Master Studios, its affiliates, partners, officers, directors, employees, consultants, agents, and representatives a license to use such User Materials in connection with the operation of this Site and the Services, including, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat such User Materials. You will not be compensated for any User Materials. You agree that, unless you advise otherwise, Spin Master Studios may publish or otherwise disclose your username in connection with your User Materials. By posting User Materials on this Site or the Services, you warrant and represent that you own the rights to the User Materials or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Materials and that such User Materials do not violate any applicable laws. You agree that the burden of proving that any User Materials do not violate any laws or third party rights rests solely with you.
You are solely responsible for your User Materials. You are solely responsible for making and keeping back up copies of your User Materials and for applying the appropriate level of access rights to same. Spin Master Studios shall not be responsible or liable for the deletion or accuracy of any User Materials, the failure to store, transmit, encrypt (or otherwise secure) or receive any User Materials, or the storage, transmission, encryption (or other security) or receipt of any other communication involving the use of this Site or the Services.
You are solely responsible for obtaining and maintaining any necessary consents or permissions from any third party whose information may be collected, recorded, processed, stored, used, disclosed, transferred, exchanged or otherwise handled as a result of, or as part of, any User Materials or any communications involving the use of this Site or the Services and agree to obtain and maintain all such consents or permissions throughout the term of this agreement.
15. CLAIMS OF COPYRIGHT INFRINGEMENT
Spin Master Studios asks you to respect the intellectual property of others. In order to protect the intellectual property of others from misuse we ask you to help us. The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe, in good faith, that materials hosted on the Site infringe your copyright, please provide Spin Master Studios' Copyright Agent with a notice of infringement ("Notice") containing the following information:
an electronic or physical signature of the owner of the copyright or of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed including the URL (i.e. Internet address) or other specific location on the Site where the material that you claim is infringing is located, including enough information to allow us to locate the material and to determine why you believe an infringement has taken place;
a description of the location where the original or an authorized copy of the copyrighted work exists, for example the URL where it is posted or the name of the book in which it has been published;
your address, telephone number, and e-mail address;
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
a statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Spin Master Studios' Copyright Agent for Notice of claims of copyright infringement can be reached by mail as follows:
c/o Spin Master Studios, Inc.
5890 Jefferson Blvd. Suite E
Los Angeles, CA 90016
If you believe that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Spin Master Studios a counter-notice. Notices and counter- notices must meet the then-current statutory requirements imposed under the DMCA. We suggest that you consult a legal advisor before filing a Notice or counter-notice. Also be aware that there can be penalties for false claims under the DMCA. Spin Master Studios will terminate membership privileges and access to the Site for those who engage in acts of infringement.
16. SITE, SERVICES AND MATERIALS PROVIDED "AS IS"
THIS SITE, THE SERVICES AND THE CONTENT AND OTHER MATERIALS AVAILABLE THEREIN ("MATERIALS") ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SPIN MASTER STUDIOS DOES NOT REPRESENT OR WARRANT THAT THIS SITE, THE SERVICES OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
17. LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SITE, THE SERVICES AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
THE CONSIDERATION BEING PAID HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR SPIN MASTER STUDIOS TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY SPIN MASTER STUDIOS, SPIN MASTER STUDIOS WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT CHARGING SUBSTANTIALLY HIGHER FEES.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
19. TERM & TERMINATION
21. YOUR COMMENTS
Feel free to email your comments, suggestions and feedback ("Comments") to Spin Master Studios at the e-mail addresses provided in this Site or the Services. However, the Internet is not a fully secure medium and any communication may be loss, intercepted or altered. Spin Master Studios is not liable for any damages related to communications to or from this Site or the Services. You agree with respect to any Comments provided by you to us, via e-mail or otherwise, that: (i) Spin Master Studios has no obligation concerning such Comments; (ii) such Comments are non-confidential; (iii) Spin Master Studios may use, disclose, distribute or copy such Comments and may use any ideas, concepts or know-how contained in such Comments for any purpose and without restriction or obligation to you; and (iv) such Comments are truthful and do not violate the legal rights of others.
22. ACCESS RELATED TO ALLEGED VIOLATIONS
To ensure that Spin Master Studios provides a high quality experience for you and for other users of this Site and the Services, you agree that Spin Master Studios or its representatives may access your account and all information and any records related thereto on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of this Site or the Services, and you agree to give Spin Master Studios full access to your account and all information and records related thereto without the need for additional authorization and without any claim to privacy or other rights to such account and related information and records.
23. PROTECTION OF MINORS
Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web sites of the Electronic Frontier Foundation.
24. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
25. EXPORT CONTROL AND JURISDICTION
This Site, the Services and the SMS Materials are subject to United States export controls. No SMS Materials or any other materials may be downloaded or otherwise exported or re-exported (i) into any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any materials, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
We make no representation that materials in this Site or the Services are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
We reserve the right to limit the availability of the Site and/or the provision of any of the Services, materials, or other products described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such Services, materials, or other product provided.