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Effective Date: 2nd May 2019
These terms of this agreement (“Terms of Service”) govern the relationship between you and BELOUDEST Ltd, a UK Registered Company (07947458) (“BELOUDEST” or “us” or “we”) regarding your use of BELOUDEST’s games, experiences, websites and related services (collectively the “Service”). You agree that the use of the Service is also governed by BELOUDEST’s Privacy Policy and House Rules and that they form part of these Terms of Service.
Please read and accept these Terms of Service before you access or use the Service, prior to downloading, installing and playing games or experiences or using any websites and related services regarding BELOUDEST, you must agree to these Terms of Service, Privacy Policy and the House Rules.
During use of the Service you may be required to register an account (an “Account”). If you wish to use our Service and register an Account, you represent that you are age 13 or older. If you are between the ages of 13 and 17, you agree that your legal guardian has reviewed and agrees to these Terms of Service as a precondition to use of the Service and Account. Whenever you access the Service from a Social Media Network (“Social Media Network”), such as Facebook or Google+ or Twitter, you must agree to comply with its terms of service/use as well as the BELOUDEST Terms of Service.
IF YOU DOWNLOAD, INSTALL, USE OR OTHERWISE ACCESS THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT UNDERSTAND THESE TERMS OF SERVICE, OR DO NOT ACCEPT ANY PART OF THEM, THEN YOU SHOULD NOT DOWNLOAD, INSTALL, USE, PURCHASE OR ACCESS THE SERVICE.
You can access these Terms of Service at any time at beloudest.com. BELOUDEST reserves the right, at its sole discretion, to change, modify, add or remove portions of our Terms of Service, Privacy Policy and House Rules by posting the amended terms on the BELOUDEST Service. Your continued use of our Service will be deemed as your acceptance of the updated Terms of Service, Privacy Policy or House Rules. If at any point you do not agree to any portion of BELOUDEST’s updated Terms of Service, Privacy Policy or House Rules, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.
Subject to your acceptance of the Terms of Service, we grant to you a non-exclusive, non-transferrable, non-sublicensable, terminable and limited license to download, install and use services and games that operate as part of the BELOUDEST Service for your own personal, non-commercial, entertainment purposes. You agree that you will not use the Service for any other purposes and the rights granted to you are subject to your accepted compliance with these Terms of Service.
Except as expressly permitted within these Terms of Service, we retain all right, title, and interest in and to the Service, and all intellectual property rights therein. This means we own at all times all copyright, trade marks, code, software, characters, themes, character names, game names, stories, dialogue, documents, settings, artwork, concepts, visual effects, sound effects, music compositions, moral rights, in-app items, gameplay recordings, trade secrets, patents, titles, and any and all rights in, or derived from, the Service. You may not (a) modify, adapt, translate, reverse engineer, decompile, decipher, disassemble, hack, disrupt the Service; (b) create derivative works from the Service; (c) distribute, sell, transfer, rent, lease, lend, redistribute or sublicense the Service or make it available to any third party; or (d) copy or make functionality of the Service available to multiple users or devices in an unauthorized manner.
The licence ends when you terminate use of the Service or our termination of the licence in accordance with these Terms of Service.
You are obligated, under all circumstances to not violate any License limitations in the Terms of Service. Violating your obligations of the Limited License is strictly prohibited and can result in the immediate termination of the Limited License.
You agree you will not:
When you are using the Service, you should take care in your surroundings, and play and communicate safely. You agree that your use of the Service is at your own risk, and that you will not use the Service to violate any applicable law or regulation.
Certain parts of the Service may enable you to create an Account and define a password or otherwise login to the Service. You must take reasonable effort to not share your login details or allow anyone else to access your Account. You are responsible for all activities performed on your Account whether the access is authorised by you or not. We will assume anyone using or making purchases on your Account has been authorised by you to do so. If you become aware of a suspected security breach on the Account you should contact BELOUDEST immediately.
BELOUDEST reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
The Service supports only one Account per BELOUDEST game on a supported device.
To use the Service you must accept:
To use the Service you must accept:
Unless otherwise indicated, the Service is BELOUDEST’s proprietary property and owns at all times all copyrights, code, software, characters, themes, character names, game names, stories, dialogue, documents, settings, artwork, concepts, visual effects, sound effects, music compositions, moral rights, in-app items, gameplay recordings, trade secrets, patents, titles, and any and all rights in, or derived from, the Service (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Kingdom, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Service “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Service and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Third party services may be used when you:
These third party services are subject to respective third party terms and conditions. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider. We are not liable for the activities of any such third parties.
The Services may contain links (including via advertisements) to third party websites or other third party content or services. Those links are provided for convenience only and may not remain current or be maintained. You understand that:
We may offer you early access to certain pre-release games or experiences related to the Service (“Beta Software”) in order to allow you to test and provide feedback on Beta Software as part of BELOUDESTS beta testing program (“Beta Program”).
You acknowledge that any product features or content, game documentation, promotional materials and/or any other information that BELOUDEST may provide to you in connection with the Beta Program (“Test Materials”), the Beta Software, as well as everything related to the Beta Program is the exclusive property of BELOUDEST, is confidential, and should be treated as confidential until such time as BELOUDEST releases it.
If BELOUDEST offers you access to the Beta Software, then, subject to your compliance with these Terms and Service, BELOUDEST grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Beta Software solely for the purposes of testing and providing feedback on the Beta Software as part of the Beta Program.
Without limiting the foregoing and except as prohibited under applicable law, the following are prohibited and you may not:
(a) modify, adapt, translate, reverse engineer, decompile, decipher, disassemble, hack the Beta Software;
(b) create derivative works from the Beta Software;
(c) distribute, sell, transfer, rent, lease, lend, redistribute or sublicense the Beta Software or make it available to any third party;
(d) copy or make functionality of the Beta Software available to multiple users or devices in an unauthorized manner;
(e) install the Beta Software on systems you don’t directly control or that you share with others;
(f) discuss the Beta Software with or demonstrate it to anyone outside of BELOUDEST;
(g) take screenshots, photos, videos, or audio recordings of the Beta Software unless BELOUDEST has allowed you to do so in writing;
(h) or make Beta Feedback (as defined below) available to any third party, unless approved by BELOUDEST in writing and in advance.
You understand and agree that participation in the Beta Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and Niantic, and you will not be compensated for your participation or any Beta Feedback
We will use any personal information which you give us when you register or in the course of the Beta Program to operate the Beta Software and for research and analysis, in particular to improve the Beta Software and our other products and services, and in accordance with the Privacy Policy. You agree that we may contact you in connection with the beta and to collect your feedback on the Beta Software.
You agree that your suggestions for improvements, enhancements and other changes to the Beta Software, and our other products and services, and any material which you provide to us during the beta, will belong to us and may be implemented by us, in whole or in part, without any payment or other compensation to you or anyone else. If your suggestions are not your own original ideas, please do not submit them.
We reserve the right to suspend or cancel any Beta Program or your access to any Beta Software at any time in our absolute discretion. If we believe that you are in breach of any of these Terms of Service or any other relevant terms, we may terminate your participation in any Beta Program and the beta community or suspend or terminate your Service account.
You agree that any breach of your confidentiality obligation will result in irreparable harm to BELOUDEST, the extent of which would be difficult to ascertain, and that monetary damages will not be an adequate remedy. Accordingly, you agree that in the event you breach your confidentiality obligation, BELOUDEST will be entitled to injunctive or other equitable relief as the court deems appropriate, in addition to any other remedies which it may have available.
You understand that:
WITHOUT LIMITING BELOUDEST’S LIABILITY UNDER THE LIMITATIONS OF LIABILITY SECTION BELOW, THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY SERVICES LINKED TO THE SERVICE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU HAVE PAID TO BELOUDEST IN ACCORDANCE WITH THESE TERMS OF SERVICE BY YOU TO US DURING THE [6] MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold BELOUDEST harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your User Content; (2) use of the Service; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Service with whom you connected via the Service. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims at your expense. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. However the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
Visiting the Service, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email or chat services and on the Service, satisfy any legal requirement that such communications be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please BELOUDEST at:
BELOUDEST Ltd
TMRW, 75-77 High Street, Croydon, CR0 1QE, United Kingdom
Website
https://beloudest.com/contact/
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service brought by either you or us, the Parties agree to first attempt to negotiate any Dispute informally before initiating arbitration or a formal dispute. Such informal negotiations commence upon written notice from one Party to the other Party.
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