I. LIMITED USE LICENSE
The Site and the Community are available for use only by authorized end users in accordance with the terms and conditions set forth in this Agreement. Your rights to use the Community software (the “Software”) are defined in and subject to the terms and conditions of the Community End User License Agreement (the “EULA”) (http://www.bloodtithings.net/eula), which is incorporated herein by reference, in addition to this Agreement. The Site, the Community, the Software and “fan kits,” if any are made available (collectively, the “Properties”) are provided for your individual, non-commercial, entertainment purposes only. Except as may be expressly permitted by Blood Tithings, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute anything you copy or derive from the Properties.
In using the Site, you acknowledge that you have read, understand and agree with the terms of this Agreement. In order to participate in the Community, you must also: (i) read, understand and agree to the EULA; (ii) install any valid Software; (iii) register for an account in the Community (an “Account”); and (iv) meet the hardware and connection requirements published on the Site. These requirements may change as the Community evolves. You are wholly responsible for the cost of all internet connection fees, along with all equipment, servicing, or repair costs necessary to allow you access to the Community.
III. ACCOUNT INFORMATION
B. Eligibility. Only “natural persons,” as opposed to any kinds of legal entities (e.g., corporations, limited liability companies, and/or partnerships), shall have the privilege of establishing an Account. By entering into this Agreement and creating an Account, you represent that you are an adult and have the legal capacity to enter into a contract in the jurisdiction where you reside. You agree to comply with this Agreement on behalf of yourself and, at your discretion, any minor children for whom you are the parent or legal guardian and whom you have authorized to play the Community using your Account. You further agree that you are entirely liable for all activities conducted through your Account, and are responsible for ensuring that you and/or your child is aware of, understands, and complies with the terms of this Agreement and any and all other Blood Tithings rules, policies, notices and/or agreements.
THE SITE AND THE COMMUNITY ARE NOT DIRECTED AT CHILDREN UNDER 13 YEARS OF AGE, NOR DOES Blood Tithings KNOWINGLY COLLECT INFORMATION FROM CHILDREN UNDER 13. IF YOU ARE UNDER 13, PLEASE DO NOT SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION TO Blood Tithings.
C. Login Credentials. In creating an Account, you will be required to select a unique username and password (collectively, “Login Credentials”), which you will use each time you access the Community. You may not share your Account with anyone other than as expressly set forth herein, and you are entirely responsible for maintaining the confidentiality of your Login Credentials and for any and all activities (including purchases and charges, as applicable) that are conducted through your Account. Please notify Blood Tithings immediately if you become aware of any breach of security, including any loss, theft or unauthorized disclosure of your Login Credentials.
D. Account Sales. The Account supplied to you is personal to you, and Blood Tithings does not recognize and expressly forbids the transfer of user Accounts. You shall not purchase, sell, gift or trade any Account, or make any such offer, and any attempt shall be null and void. Any distribution by you of your Account and/or your Login Credentials (except as expressly provided herein or otherwise explicitly approved of by Blood Tithings) may result in suspension or termination of your Account.
By You. You may terminate your Account at any time, for any reason or no reason, by leaving the Blood Tithings community.
By the Community via Crowd Sourcing. Blood Tithings has empowered its community of users (the “Community”) to police the compliance of other users with the “Rules” (http://www.bloodtithings.net/policies), which outlines the principles of ideal game play behavior, as well as with other Blood Tithings policies. Consistent with the guidelines set by Blood Tithings, Community members, including you as a user, are allowed to submit descriptions of activity and actions of certain users within the Community, and collectively determine if that particular user was in compliance with the Blood Tithings policies relating to user conduct, including, but not limited to, the Rules and the Code of Conduct (defined below). This system of allowing the Community to review user behavior in the Community is called “The Overseeing.” Should The Overseeing determine that you have acted in contravention of any one of the Blood Tithings policies, Blood Tithings may, in its sole and absolute discretion, ban your use of the Community and suspend, terminate and/or delete your Account.
A. Intellectual Property. All rights and title in and to the Properties, and all content included therein (including, without limitation, user Accounts, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, story lines, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, BT Coins (defined below), audio-visual effects, character likenesses, and methods of operation) are owned by Blood Tithings or its licensors. The Properties, and all content therein are protected by United States and other international intellectual property laws. Blood Tithings and its licensors reserve all rights in connection with the Properties, including, without limitation, the exclusive right to create derivative works therefrom. You agree that you will not create any work of authorship based on the Properties except as expressly permitted by Blood Tithings. Additionally, except as otherwise set forth in this Section IV.A, Blood Tithings does not authorize you to make any use whatsoever of any Blood Tithings trademarks, service marks, trade names, logos, domain names, taglines, and/or trade dress (collectively, the "Blood Tithings Marks") under any circumstances without a written license agreement. Any reproduction, redistribution, or modification of the Properties, or use of the Properties not in accordance with the EULA or this Agreement, is expressly prohibited by law and may result in severe civil and criminal penalties.
Notwithstanding the above, Blood Tithings may make a "fan kit" available to you at http://bloodtithings.net/articles/media that includes a limited license to use certain Blood Tithings Marks and other proprietary material. Except for the license expressly granted with the "fan kit," Blood Tithings reserves all rights, title, and interest in Blood Tithings Marks and all other intellectual property, and does not authorize you to display or use such in any manner, including but not limited to on websites, on blogs, in forums, in signatures, on products, or in printed or electronic publications.
B. Game Assets, BT Coins and Virtual Items. When using the Community, you may accumulate in-Game assets associated with your Account, including, without limitation, objects, artifacts, currency, items, equipment, and/or other value or status indicators (“Game Assets”) that reside on servers operated by Blood Tithings as data. You acknowledge and agree that such Game Assets are accumulated as part of your Account and therefore you shall have no ownership or other property interest in any of those Game Assets. You further acknowledge and agree that Blood Tithings has the right, but not the obligation, to delete, alter, move, remove, or transfer any and all Game Assets, in whole or in part, at any time and for any reason, with or without notice to you, and with no liability of any kind to you. Blood Tithings does not provide or guarantee, and expressly disclaims any value, cash or otherwise, attributed to any data residing on servers operated by Blood Tithings, including without limitation the Community Assets associated with your Account.
If you have a valid, active Account, you may participate in our BT Coins service offering, which is a redeemable point system that operates like virtual currency (“BT Coins”) used to license certain Community Assets that can be used while using the Community, including, without limitation, special teamspeak icons and BT subscriptions (“Virtual Items”). BT Coins can be purchased online through the Site store. BT Coins might also be provided to you by Blood Tithings as part of a promotion, or through other means, such as completing certain quests or achievements in the Community, or through Blood Tithings-sponsored contests or sweepstakes. You agree that you will be solely responsible for paying any applicable taxes related to the acquisition of, use of or access to BT Coins. BT Coins are sold or issued in bundles and the price may vary depending on the amount you purchase and where you are purchasing. As Blood Tithings feels necessary, in its sole and absolute discretion, Blood Tithings may limit the total amount of BT Coins that may be purchased at any one time, and/or limit the total BT Coins that may be held in your Account in the aggregate. Blood Tithings will notify you in the event that you near any such limit. Additionally, price and availability of BT Coins and/or Virtual Items are subject to change without notice.
You are solely responsible for verifying that the proper amount of BT Coins has been added to or deducted from your Account during any given transaction, so please notify Blood Tithings immediately should you believe that a mistake has been made with respect to your BT Coins balance. Blood Tithings will investigate your claim, and in doing so, may request some additional information and/or documentation to verify your claim. Blood Tithings will let you know the results of the investigation, however you acknowledge and agree that Blood Tithings has sole and absolute discretion in determining whether or not your claim is valid, and if so, the appropriate remedy.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE BT COINS SYSTEM AND THE VIRTUAL ITEMS YOU ACQUIRE HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. NO REFUNDS WILL BE MADE FOR THE PURCHASE OF BT COINS OR FOR VIRTUAL ITEMS OBTAINED USING BT COINS. Some Virtual Items you obtain may have expiration dates while others do not, and each Virtual Item you obtain using BT Coins will be included in your Account until the earlier of that Virtual Item’s expiration date, or your Account’s expiration or termination date, or such date when Blood Tithings ceases to offer or support BT Coins.
The sale or transfer of Virtual Items or BT Coins between users may only be conducted via services approved of and provided by Blood Tithings, if any, and Blood Tithings may terminate any Account that acts in contravention of this prohibition.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF BLOOD TITHINGS. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CLAIM, RIGHT, TITLE, OWNERSHIP OR OTHER PROPRIETARY INTEREST IN THE COMMUNITY ASSETS, VIRTUAL ITEMS OR BT COINS THAT YOU ACQUIRE, REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR BT COINS OR VIRTUAL ITEMS. FURTHERMORE, BLOOD TITHINGS SHALL NOT BE LIABLE IN ANY MANNER FOR THE DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, “HACKING,” OR ANY OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO THE COMMUNITY ASSETS, VIRTUAL ITEMS OR BT COINS, INCLUDING BUT NOT LIMITED TO THE DELETION OF GAME ASSETS, VIRTUAL ITEMS OR BT COINS UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT.
D. Unsolicited Idea Submissions. Blood Tithings values your feedback on its services and products, but please do not submit any creative ideas, suggestions or materials. Neither Blood Tithings nor any of its employees and/or contractors accept or consider unsolicited ideas, original creative artwork or other works, including, without limitation, ideas or suggestions for new or improved games or technologies, game or product enhancements, marketing plans or names for new games (collectively “Unsolicited Ideas”). Please do not send your Unsolicited Ideas to Blood Tithings or its employees and/or contractors. This policy is aimed at avoiding potential misunderstandings or disputes when Blood Tithings’ products or services might seem similar to Unsolicited Ideas that are submitted. If you do submit your Unsolicited Ideas to Blood Tithings or to any of its employees and/or contractors despite this policy, then you hereby acknowledge and agree that, from the time of uploading, transmission or dispatch, you grant Blood Tithings and its designees a worldwide, perpetual, irrevocable, sublicenseable, transferable, assignable, and royalty-free right to use, reproduce, distribute, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import your Unsolicited Ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, giving the Unsolicited Ideas to others, without any compensation to you. You also give up any claim that any use by Blood Tithings and/or its licensees of your Unsolicited Ideas violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set for therein.
V. CODE OF CONDUCT
While using any of the Properties, you agree to comply with all applicable laws, rules and regulations. You also agree to comply with certain additional rules that govern your use of the Properties (the "Code of Conduct"). The Code of Conduct is not meant to be exhaustive, and Blood Tithings reserves the right to modify this Code of Conduct at any time, as well as take appropriate disciplinary measures including Account termination and deletion to protect the integrity and spirit of the Properties, regardless of whether a specific behavior is listed here as prohibited. In addition to this Code of Conduct, please see the Rules for additional guidance on exemplary game-play behavior. The following are examples of behavior that warrant disciplinary measures:
A. Impersonating any person, business, or entity, including an employee of Blood Tithings, or communicating in any way that makes it appear that the communication originates from Blood Tithings;
B. Posting identifying information about yourself, or any other user, to the Site or within the Community;
C. Harassing, stalking, or threatening any other users in the Community;
D. Removing, altering or concealing any copyright, trademark, patent or other proprietary rights notices of Blood Tithings contained in the Site and/or the Community. You also may not transmit content that violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
E. Transmitting or communicating any content which, in the sole and exclusive discretion of Blood Tithings, is deemed offensive, including, but not limited to, language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
F. Transmitting or facilitating the transmission of any content that contains a virus, corrupted data, trojan horse, bot keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information;
G. Spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
H. Participating in any action which, in the sole and exclusive judgment of Blood Tithings, "exploits" an undocumented aspect of the Community in order to secure an unfair advantage over other users;
I. Participating in any action which, in the sole and exclusive judgment of Blood Tithings, defrauds any other user of the Community, including, but not limited to, by "scamming" or "social engineering;”
J. Using any unauthorized third party programs, including but not limited to "mods," "hacks," "cheats," "scripts," "bots," "trainers," and automation programs, that interact with the Software in any way, for any purpose, including, without limitation, any unauthorized third party programs that intercept, emulate, or redirect any communication between the Software and Blood Tithings and any unauthorized third party programs that collect information about the Community by reading areas of memory used by the Software to store information;
K. Accessing or attempting to access areas of the Community or Game servers that have not been made available to the public;
L. Selecting a Summoner name that is falsely indicative of an association with Blood Tithings, contains personally identifying information, infringes on the proprietary rights of third parties, or that is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable. You may not use a misspelling or an alternative spelling to circumvent this restriction on Summoner name choices. Blood Tithings may modify any name which, in the sole and exclusive judgment of Blood Tithings, violates this provision without further notification to you, and may take further disciplinary measures, including Account termination, for repeated violations;
M. Logging out or exiting the Community during live game-play. Blood Tithings’ automated “Leaverbuster” system tracks this data overtime and issues a temporary ban when a user is determined to have left mid-game too many times. The length of the temporary ban will increase over time if a particular Account continues to leave live game play.
VI. USER CONTENT
A. Ownership. “Content” means any communications, images, sounds, and all the material and information that you upload or transmit through the Site or the Community, or that other users upload or transmit, including, without limitation, any Forum (defined below) postings and/or the in-Game real-time interactive chat text (“Chat”).
You hereby acknowledge and agree that any and all Content shall be deemed, and shall remain, the property of Blood Tithings from the time of uploading or transmission. Accordingly, Blood Tithings shall exclusively own all now known or hereafter existing copyrights and all other intellectual property rights to all Content of every kind and nature, in perpetuity, throughout the universe and you hereby assign to Blood Tithings as a present assignment of future rights all such intellectual property rights to the extent owned by you. In the event that any of the Content is not assignable, you hereby grant to Blood Tithings and its licensors, including, without limitation, its respective successors and assigns, a perpetual, irrevocable, sublicensable, transferable, worldwide, paid-up right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice such Content as well as all modified and derivative works thereof, without compensation to you. You also hereby waive any moral rights you may have in such Content under the laws of any jurisdiction. You represent, warrant and agree that none of the Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on the part of Blood Tithings and Blood Tithings will not be liable for any use or disclosure of any Content. You further acknowledge and agree that you shall not upload or otherwise transmit on or through the Site or the Community any Content that is subject to any third-party rights.
B. Consent to Monitoring. Blood Tithings does not, and cannot, pre-screen or monitor all Content. However, its representatives may monitor and/or record your communications (including, without limitation, Forum postings and/or Chat) when you are playing the Community or using the Site, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content, and you further acknowledge and agree that your Chat may be used as part of The Overseeing proceedings as more specifically set forth in Section VI.C below. Blood Tithings does not assume any responsibility or liability for Content that is generated by users of the Site and/or Game. Blood Tithings has the right but not the obligation, in its sole discretion, to edit, refuse to post, or remove any Content. Furthermore, Blood Tithings also reserves the right, at all times and in its sole discretion, to disclose any Content for any reason, including, without limitation (i) to satisfy any applicable law, regulation, legal process or governmental request; (ii) to enforce the terms of this Agreement or any other agreement; (iii) to protect the legal rights and remedies of Blood Tithings; (iv) where someone’s health or safety may be threatened; (v) to report a crime or other offensive behavior; (vi) or as part of The Overseeing proceedings. Please take care to not provide any personally identifiable information in the Chat or the Forums and to abide by the Code of Conduct, understanding that you do not have an expectation of privacy in the Content you provide in the Chat or Forums, and that members of Blood Tithings and the Community, outside of those you play directly with or against in the Community, might have access to the information in the Chat or the Forums at any time.
C. The Overseeing. All Chat will be recorded by Blood Tithings and stored for a period determined by Blood Tithings in its sole discretion, which period Blood Tithings may change from time to time in accordance with the terms of The Overseeing policy. Should your in-Game actions or conduct be reported by another user as being in contravention of the Rules, in violation of this Agreement or outside the scope of any one of Blood Tithings’ policies, and should your case come before The Overseeing, the entire Chat log from that particular reported Game session will be included in The Overseeing report and available for viewing by randomly selected members of the Community who are eligible and opt to participate in The Overseeing.
D. Forums. If you have a valid and active Account, you may post communications and other content to the “forums” section of the Site (the “Forums”). You agree to abide by the Code of Conduct, as well as the policy concerning Links (found below) while participating in the Forums. You understand that much of the information included in the Forums is from other players who are not employed by or under the control of Blood Tithings. You further acknowledge that a large volume of information is available in the Forums and that people participating in such Forums may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, abusive or even unlawful. Blood Tithings neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed in the Forums by you or the other users. The opinions expressed in the Forums reflect solely the opinions of you and/or the other users and may not reflect the opinions of Blood Tithings. Blood Tithings is not responsible for any errors or omissions in postings, for hyperlinks embedded in messages or for any results obtained from the use of the information contained in the Forums. Under no circumstances will Blood Tithings be liable for any loss or damage caused by your reliance on the information in the Forums or your use of the Forums. You should be aware that, when you disclose information about yourself in a Forum, the information is being made publicly available and may be collected and used by other users. When you disclose any information in a Forum, you do so at your own risk. Blood Tithings reserves the right to, but has no obligation to, monitor the Forums, or any postings or other materials that you or other players transmit or post on the Forums, to alter or remove any such materials, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly or to comply with legal obligations or governmental requests.
VII. UPDATES AND MODIFICATIONS
B. The Properties. In an effort to improve the Properties, you agree that Blood Tithings may change, modify, update, suspend, “nerf,” or restrict your access to any features or parts of the Properties, and may require that you download and install updates to the Software, at any time without notice or liability to you. You also understand and agree that any such changes or updates to the Properties might change the system specifications necessary to play the Community, and in such a case, you, and not Blood Tithings, are responsible for purchasing any necessary additional software and/or hardware in order to access and play the Community.
The Site may contain links to websites operated by other parties. Blood Tithings provides these links to you as a convenience, or other users might be posting these links as user-provided Content. Use of these links and the external websites are at your own risk. The linked sites are not under the control of Blood Tithings, and Blood Tithings is not responsible for the content available on the other sites. Such links do not imply endorsement by Blood Tithings of information or material on any other site, and Blood Tithings disclaims all liability with regard to your access to and use of such linked websites.
Should you choose to provide a link on the Site or within the Community (e.g., on the Forums or via Chat) to an external website, unless otherwise set forth in a written agreement between you and Blood Tithings, you acknowledge and agree to the following: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Blood Tithings’ and/or its licensors’ names and trademarks; (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Blood Tithings; (iii) when selected by a user, the link must display the external website on full-screen and not within a “frame” on the linking Site; and (iv) Blood Tithings reserves the right to revoke its consent to the link at any time and in its sole discretion.
Some aspects of the Community may require you to pay a fee, and you agree that you will provide accurate and complete payment information to the third-party payment provider used by Blood Tithings. You further agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Blood Tithings may revise the pricing for the Community or any item associated therewith at any time. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable. Blood Tithings may, from time to time, modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting in this Agreement or elsewhere on the Site or in the Community. If there is a dispute regarding payment of fees to Blood Tithings, your Account may be closed without warning or notice at the sole discretion of Blood Tithings.
YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED SERVICES (INCLUDING WITHOUT LIMITATION BT COINS) ARE PAYABLE IN ADVANCE AND NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
X. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGMENT (DMCA)
If you are a copyright owner or agent thereof and believe that content posted on the Site by a Blood Tithings user infringes upon your copyright, please submit notice pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information:
A. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
B. A description of the copyrighted work that you claim has been infringed;
C. The URL of the location on the Blood Tithings Site containing the material that you claim is infringing;
D. Your address, telephone number, and email address;
E. 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
F. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
XI. WARRANTY DISCLAIMER
THE PROPERTIES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BLOOD TITHINGS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE PROPERTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR QUALITY OF ANY CONTENT OR INFORMATION CONTAINED WITHIN THE PROPERTIES. BLOOD TITHINGS DOES NOT WARRANT THAT THE PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROPERTIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PROPERTIES TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PROPERTIES.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the forgoing disclaimer may, in whole or in part, not apply to you.
XIII. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL Blood Tithings BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL, OR LOST PROFITS), OR ANY DAMAGES FOR GROSS NEGLIGENCE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING FROM YOUR USE OR MISUSE OF THE PROPERTIES, EVEN IF Blood Tithings KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BLOOD TITHINGS BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO BLOOD TITHINGS FOR COMMUNITY-RELATED TRANSACTIONS, IF ANY, DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Blood Tithings shall be limited to the fullest extent permitted by applicable law.
XIV. EQUITABLE REMEDIES
You hereby acknowledge and agree that Blood Tithings would suffer irreparable harm if this Agreement were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that Blood Tithings shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this Agreement. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this Agreement and consistent with Section XV below, the prevailing party in such action or proceeding shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party as the result of the action or proceeding.
XV. NEGOTIATIONS AND COURT PROCEEDINGS
A. Negotiations. Disputes can be expensive and time consuming for both parties. In an effort to accelerate resolution and reduce the cost of any dispute or claim related to this Agreement (“Claim”), you and Blood Tithings agree to first attempt to informally negotiate any Claim for at least thirty (30) days (except those Claims expressly excluded in Section XV.B below) before initiating any court proceeding or other administrative action. Negotiations will begin upon written notice from one party to the other. Blood Tithings will send its notice to the address it has on file to the extent that you have provided additional contact information to Blood Tithings (e.g. by participating in a promotional or survey, or contacting a customer services representative). Otherwise, Blood Tithings will send its notice to the email address associated with your Account. You will send your notice to Sixer, Inc., 4128 Strathmore Way, North Highlands, California, 95660, Attn: Legal Department. Please note that this informal resolution procedure does not suspend any statutory limitation periods applicable to the bringing of a Claim.
B. Exceptions to Negotiations. You and Blood Tithings agree that the provisions above regarding negotiations will not apply to the following Claims: (i) any Claims relating to the enforcement, protection of, or concerning the validity of, any of your or Blood Tithings’ intellectual property rights; (ii) any Claims related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for injunctive relief. You further agree not to bring Claims on a representative or class member basis, or as a private attorney general.
C. Governing Law. This Agreement shall be governed by, and will be construed under, the laws of the United States of America and the laws of the State of Delaware, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Other laws may apply if you choose to access the Community from outside of the United States. In such an event, those local laws shall affect this Agreement only to the extent necessary in that jurisdiction, and this Agreement shall be interpreted to give maximum effect to the terms and conditions in this Agreement. You are responsible for compliance with all local laws if and to the extent local laws are applicable. The New Zealand Consumer Guarantees Act of 1993 (the “Act”) may apply to the Community if you access the Community from, and are a resident of, New Zealand. Notwithstanding anything to the contrary in this Agreement, if the Act applies then you may have other rights or remedies as set out in the Act which may apply in addition to or instead of those set out in this Agreement. You and Blood Tithings expressly understand and agree that any Claim arising under this Agreement will be brought exclusively in the state or federal courts located in Los Angeles, California and you hereby consent to the exclusive personal jurisdiction and venue therein.
This Agreement (and all subsequent modifications, if any) shall remain effective until terminated. Both you and Blood Tithings may terminate this Agreement at any time for any reason or for no reason. Termination by Blood Tithings will be effective upon notice to you, termination or deletion of your Account, or its decision to permanently discontinue offering and/or supporting the Community, which it may do at any time in its sole discretion. You may terminate this Agreement at any time simply by not using the Site or the Community. If, however, you wish to terminate your Account, you must affirmatively do so by notifying Blood Tithings at email@example.com as stated above. Upon termination of this Agreement, your right to use the Properties shall immediately cease.
A. Assignment. Blood Tithings may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without Blood Tithings’ prior written consent, and any unauthorized assignment by you shall be null and void.
B. Customer Contact. If you have any questions concerning these terms and conditions, or if you would like to contact Blood Tithings for any other reason, please contact Blood Tithings support at firstname.lastname@example.org, or visit the “support” tab on the Site.
D. Force Majeure. Blood Tithings shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Blood Tithings, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond Blood Tithings’ 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.
E. Location. The Site and the Community are operated by Blood Tithings in the United States. Those who choose to access the Site and/or the Community from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. The Software is subject to United States export controls as set forth in the EULA.
F. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Blood Tithings as a result of this Agreement or your use of the Site or the Community.
G. No Waiver. Blood Tithings’ failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Blood Tithings of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
H. Notices. Except as otherwise expressly provided herein, all notices given by you or required under this Agreement shall be in writing and addressed to: Sixer, Inc., 4128 Strathmore Way, North Highlands, California, 95660.
I. Reform and Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. If, however, it is determined that such provision cannot be reformed, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
J. Section Headings. The section headings used herein are for convenience only and shall not affect the interpretation of this Agreement or have any other legal effect.
K. Survival. The provisions of Sections IV, VI.A, IX, XI-XV, and XVII shall survive any termination of this Agreement