Terms of Service
These Terms of Service constitute a binding agreement between you and BLACK RIVER COMPUTERS LLC, its subsidiaries, and affiliates (collectively referred to as "we" or "us") governing your use of the Service. "Service" refers to: (i) the website located at https://www.blackrivercomputer.com (the "Website"), including any services, features, and content accessible or downloadable therefrom; and (ii) any other application, service, or product of ours that you license, download, or otherwise access through a third-party website or source. These Terms of Service include and hereby incorporate our Privacy Policy, currently located at http://www.pocketgems.com/privacy.
1. Your Agreement to These Terms of Service
Please read these Terms of Service carefully. By registering an account or otherwise using the Service, you represent that: (1) you are at least 13 years of age; (2) you understand and agree to these Terms of Service; and (3) if you are between the ages of 13 and 18, your legal guardian has reviewed and agreed to these Terms of Service.
Installing, using, or otherwise accessing the Service constitutes your agreement to these Terms of Service. If you do not agree to these Terms of Service, do not install, use, or otherwise access the Service. Use of the Service is void where prohibited by law.
2. Changes to the Terms of Service and the Service
We reserve the right to change, modify, add, or remove portions of these Terms of Service and the Privacy Policy at any time, at our sole discretion, and will post the modified terms on this Website. Your continued use of the Service constitutes your acceptance of such changes. Unless otherwise expressly stated, all modified terms will be effective automatically upon posting.
Unless we explicitly state otherwise for paid portions of the Service, we reserve the right to add, change, suspend, or terminate the Service or any aspect or feature thereof at any time, without prior notice and without liability.
3. Limited License Grant and Restrictions
We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use and display: (a) portions of the Service that are made available for free access from our Website or, with our authorization, from third-party websites or sources; and (b) other portions of the Service accessed on a "paid" basis, provided you have paid any applicable fees and meet all applicable conditions. The foregoing license is granted: (i) solely for your personal, non-commercial use; (ii) limited to one computer accessing the Website and one device accessing applications; and (iii) subject to your compliance at all times with these Terms of Service.
You agree not to (and not to attempt to): (i) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Service or any portion thereof, except as expressly permitted in these Terms of Service; or (ii) use the Service for any purpose or in any manner not expressly permitted by these Terms of Service. Neither we nor any of our affiliates (as defined below) grants you any license or right not expressly stated in these Terms of Service.
4. Trademarks
The term "we," the we logo, and other we, Inc. logos, product and service names are trademarks and service marks of we and are owned by we. Except as expressly set forth in these Terms of Service, you may not use or display such trademarks in any manner, including but not limited to using such trademarks as "meta tags." All third-party trademarks and service marks appearing in the Service are the property of their respective owners, and all rights are reserved.
5. User Content
The Service may invite or permit you and other users to create, submit, record, post, display, transmit, perform, publish, or distribute communications (including but not limited to voice communications) and materials, including via email or through online forums, chat rooms or features, message boards, instant messaging services, blogs, or other features of the Service or portions thereof, to us and other users of the Service. We are under no obligation to accept, display, review, maintain, or otherwise make use of any User Content.
Notwithstanding the above, we reserve the right, at our sole discretion and at any time for any reason (including but not limited to violations of these Terms of Service) or for no reason, to pre-screen, review, monitor, reject, remove from the Service, censor, edit, alter, delete, disable access to, or otherwise make unavailable any User Content (including but not limited to your Content), without prior notice. If you believe User Content violates these Terms of Service or involves other inappropriate user conduct, you may notify us of such User Content by submitting a support ticket at https://www.blackrivercomputer.com.
You hereby grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sublicense) to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, and otherwise exploit your Content for any purpose, through the Service or otherwise. You also hereby grant us the right to sublicense and authorize others to exercise any of the rights granted to us under these Terms of Service. You further irrevocably grant us the unconditional right to use and exploit your name, voice, likeness, and image contained in and in connection with any User Content, without any obligation to you. You waive any rights of attribution and/or any moral rights you may have in your Content, regardless of whether your Content is altered or changed in a manner not agreeable to you, unless prohibited by law.
6. Feedback
"Feedback" means any comments, suggestions, or opinions you provide to us regarding or relating to the Service. You agree that any Feedback shall be our exclusive property, and you hereby assign to us all rights, title, and interest in and to such Feedback. You agree that we may use, sell, disclose, and otherwise exploit such Feedback in any manner and for any purpose without compensation to you, unless otherwise required by applicable law.
7. Termination
We may terminate these Terms of Service, your account, and your access to the Service at any time, for any reason. Additionally, if we suspect or determine that you may be: (i) failing to comply with any provision of these Terms of Service or any policy or rule established by us; or (ii) engaged in any possibly unlawful or otherwise actionable conduct related to your use of the Service that creates liability, damage, embarrassment, harassment, abuse, or disruption for you, us, any third party, or the Service itself, we may, without prior notice to you, notify appropriate authorities or take any other measures we deem appropriate.
Upon termination of the Service, you may lose your account and all information and data associated therewith, including but not limited to your username, avatar, characters and achievements, virtual currency, and virtual items. Regardless of the reason for termination (whether by you or us), you are not entitled to any refund, compensation, or other consideration, and we shall have no liability to you or any third party. We reserve the right to refuse to keep an account for, or provide services to, any individual. You may not allow any person whose account has been terminated by us to use your account.
8. Indemnification
You agree to indemnify, defend, and hold harmless us and our affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses (including reasonable attorneys' fees and litigation costs) arising out of or related to: (1) information in your account and any information you (or anyone using your account to access the Service) submit, post, or transmit through the Service; (2) your (or anyone using your account to access the Service) use of the Service; (3) your (or anyone using your account to access the Service) violation of these Terms of Service; and (4) your (or anyone using your account to access the Service) infringement of any rights of any other individual or entity. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.
9. Governing Law and Remedies
These Terms of Service and any action related thereto shall be governed by the laws of the State of California without regard to its conflict of law provisions. The exclusive jurisdiction and venue for any lawsuit relating to the subject matter of these Terms of Service shall be the state and federal courts located in San Francisco, California, and each party hereby waives any objection to the jurisdiction and venue of such courts. The parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods. You acknowledge that the rights and obligations granted under these Terms of Service are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to us for which monetary damages would be an inadequate remedy. Accordingly, in the event of your breach or anticipated breach of these Terms of Service, we shall be entitled to seek injunctive or other equitable relief (without the requirement of posting any bond). You hereby irrevocably waive any right to seek injunctive or other equitable relief.
10. Force Majeure. We shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of energy.
Contact Us: For any inquiries, please submit a support request to us at [email protected].
