This Terms of Service was last modified on October 2nd, 2019
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
- Updates to the Service
- Disclaimer of Warranties
- Limitation of Liability; Sole and Exclusive Remedy; Indemnification
- Dispute Resolution and Law
- General Provisions
1.1. Grant of a Limited License to Use the Service
In compliance at all times with these Terms of Service and any other relevant BKOM Studios policies, BKOM Studios grants you a limited, non-exclusive, non-transferable, non-sublicensable revocable license to use subject to the limitations below to access and use the Service for your personal and non-commercial entertainment use. You agree not to use the Service for any other purpose.
1.2. License Limitations
Any use of the Service which is in violation of these License Limitations is strictly forbidden, and can result in the immediate termination of your license, and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
- Engage in any act that BKOM Studios deems to be improper, or in conflict with the spirit or intent of the Service, or make inappropriate use of BKOM Studios’ Support Services.
- Use cheats, exploits, bots or other automation software, hacks, mods or any prohibited third-party software which are designed to alter, modify or interfere with the Service, with any BKOM Studios’ website or any BKOM Studios web experience, or without BKOM Studios’ express written consent, modify or cause to be modified any files that are a part of the Service or any BKOM Studios’ websites.
- Disrupt, interfere, overburden, or assist in the disruption of the Service, or the website servers (“Server”) used to offer or support the Service, or any BKOM Studios’ environment. This includes, but is not limited to, any type of attack, virus distribution, or other attempts to disrupt the Service or any other person’s use of the Service.
- Attempt to gain any unauthorized use of our Service, by any means other than the user interface provided by BKOM Studios, including but not limited to, by circumventing or modifying, attempting to circumvent or modify any technology, device, security or software that is part of BKOM Studios’ Service.
- Post any information or content that is abusive, illegal, threatening, obscene, defamatory, libelous, which contains excessive violence, or racially, sexually, religiously, or otherwise objectionable or offensive, or which contains a link to such content.
- Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including BKOM Studios employees, including BKOM Studios’ customer service representatives.
- Through the Service, you shall not make available any material or info that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, without limitation, including a BKOM Studios employee.
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property (IP) used to provide the Service, or any BKOM Studios websites, or to obtain any info using any method not expressly allowed by BKOM Studios.
- Solicit or attempt to solicit personal information from other users of the Service or any BKOM Studios websites, or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
BKOM Studios reserves the right to govern what behaviour it considers to be in violation of those rules, or otherwise outside the intent or spirit of these Terms of Service, or the Service itself. As a result, BKOM Studios reserves the right to take action which may include in an Account Termination, prohibiting the user from using the Service.
3.4. User Interactions
You are solely responsible for your communications with other users of the Service and any other parties with whom you interact through the Service and/or BKOM Studios websites. BKOM Studios reserves the right, without obligation, to get involved in any way with these disputes. You will fully collaborate with BKOM Studios to investigate any suspected illegal, fraudulent or improper activity, including, without limitation, granting BKOM Studios access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release BKOM Studios from those claims, of any type and nature, in any way connected with such disputes.
UPDATES TO THE SERVICE
You understand that the Service is an evolving one. You acknowledge and agree that BKOM Studios may update the Service and BKOM Studios websites, with or without notifying you.
DISCLAIMER OF WARRANTIES
WITHOUT LIMITING BKOM STUDIOS’S LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
BKOM STUDIOS DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION
BKOM STUDIOS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BKOM STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BKOM STUDIOS SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO BKOM STUDIOS IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO BKOM STUDIOS DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND BKOM STUDIOS EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH BKOM STUDIOS IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that BKOM Studios may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of BKOM Studios’ liability shall be the minimum permitted under such applicable law.
IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF BKOM STUDIOS.
You agree to assure, defend and hold BKOM Studios harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the violation of rights is not attributable to your intentional or negligent behavior.
DISPUTE RESOLUTION AND LAW
If a dispute arises between you and BKOM Studios, we strongly encourage you to first contact us directly to seek a resolution by writing an email at firstname.lastname@example.org.
You agree that any claim or dispute you may have against BKOM Studios must be resolved exclusively by a court located in Quebec, Canada.
10.2. Supplemental Policies
BKOM Studios may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those policies and these Terms of Service.>
10.3. Entire Agreement
10.4. No Waiver
Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by BKOM Studios shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of BKOM Studios.
Attn: Legal, BKOM Studios, 825 Boulevard Lebourgneuf #130, Ville de Québec, QC G2J 0B9
Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
10.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to BKOM Studios are of a unique and irreplaceable nature, the loss of which shall irreparably harm BKOM Studios and which cannot be replaced by monetary damages alone so that BKOM Studios shall be entitled to injunctive or other equitable relief in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any BKOM Studios websites, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7.
10.7. Force Majeure
BKOM Studios shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of BKOM Studios, including without limitation any failure to perform hereunder due to unexpected circumstances or cause beyond BKOM Studios’ control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.