Broken Bulb Studios / NinjaWarz.com Terms of Use
1. Acceptance of terms of use and amendmentsEach time you use or access this web site or any of Broken Bulb Studios Games (NinjaWarz.com), you agree to be bound by these Terms of use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on this web site or accessed via this web site or via any Broken Bulb Studio game platform, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms of use. Please read the site's Privacy policy, which is incorporated within these Terms of use by reference.
2. The Service
This web site and the services provided to you on and via this web site are provided on an "AS IS" basis. You agree that Broken Bulb Studios / NinjaWarz.com reserves the right to modify or discontinue provision of this web site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you, Broken Bulb Studios will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.
3. Your Responsibilites and 3rd Party Login Information
In order to use this web site or certain parts of it, you may need to log into your Twitter.com account. NinjaWarz.com uses Twitter OAuth, an authentication protocol that allows users to approve application to act on their behalf without sharing their password. We do not store your passwords or information. Please read our Privacy Policy for complete details.
4. In-Game currencies/goods
a) The Service may include a virtual, in-game currency (Virtual Currency¯) including, but not limited to Karma points, that may be purchased from NinjaWarz.com for real world¯ money if you are a legal adult in your country of residence. The Service may also include virtual, in-game digital items (Virtual Goods¯) that may be purchased from NinjaWarz.com for real world¯ money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for real world¯ money, goods or other items of monetary value from NinjaWarz.com or any other party.
b) Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency in the Service, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service, or any other attributes associated with use of the Service or stored within the Service.
c) NinjaWarz.com has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and NinjaWarz.com shall have no liability to you or anyone for the exercise of such rights.
d) Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Service. Outside of the game, you may not buy or sell any Virtual Currency or Virtual Goods for real world¯ money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from NinjaWarz.com Service and possible legal action.
e) You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Currencies are forfeited if your account is terminated or suspended for any reason, in NinjaWarz.com sole and absolute discretion, or if NinjaWarz.com discontinues providing the Service.
5. Privacy policy
Broken Bulb Studios / NinjaWarz.com respects the privacy of visitors to our game. Information collected from you is subject to the pertinent social network policy. Please see Broken Bulb Studios / NinjaWarz.com Privacy Policy for more information. If User does not agree to each and every part of Broken Bulb Studios / NinjaWarz.com Privacy Policy, then you should not play the game. Questions regarding privacy issues should be directed to our Privacy Policy.
6. Your conduct
You agree that this web site may, through the actions of users or by error, expose you to content that may be objectionable or offensive. Broken Bulb Studios / NinjaWarz.com will not be responsible to you in any way for content displayed on this web site, nor for any error or omission.
7. Posting on Other Web Sites
a) Conditions on Posting on Other Web Sites: Without limitation, the following terms and conditions apply to your posting of a copy of your avatar and/or screen shots on an Authorized Web Site:
i)You must a display a prominent link to the Service's homepage in connection with any of your use of Collaborative Content permitted hereunder, including, without limitation, in e-mails you are sending friends; and
ii) You agree to include, and not remove or alter, NinjaWarz.com trademark, copyright or other proprietary rights notices, as provided by NinjaWarz.com on the Service and within e-mail page(s), when displaying an avatar or images from a NinjaWarz.com game, and you agree to comply with usage guidelines that may be provided by NinjaWarz.com from time to time. You agree that all goodwill that arises in connection with your use of NinjaWarz.com trademarks inures exclusively to NinjaWarz.com, and you agree not to challenge NinjaWarz.com ownership or control of any NinjaWarz.com trademarks, nor use or adopt any trademarks that might be confusingly similar to such NinjaWarz.com trademarks.
By using this web site or any service provided, you explicitly agree that:
(a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
(b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
(c) you will not collect or harvest any information about other users;
(d) you will not provide, and you will not use this web site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this web site to promote or operate any service or content without Broken Bulb Studios's prior written consent;
(e) you will not provide any content that may give rise to Broken Bulb Studios being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, or trade secrets;
(f) you will not play multiple accounts in collusion on any game. You recognize that the definition of "in collusion" is at Broken Bulb Studios's sole discretion. This includes creating a number of dummy¯ accounts for purposes beyond standard gameplay. If we determine that you've created fake accounts, your account will be reset or deleted at our sole discretion.
8) Disputes with Others
a) We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Service. If you have a dispute with other users, you release NinjaWarz.com and hereby agree to indemnify NinjaWarz.com from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
9. Third-party services
Goods and services of third parties may be advertised and/or may be made available on or through this web site. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. Broken Bulb Studios will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.
10. Indemnification
You agree to indemnify and hold harmless Broken Bulb Studios and Broken Bulb Studios's representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this web site or service, your provision of content, your violation of these Terms of use, or any other violation by you of the rights of another person or party.
11. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS", AND Broken Bulb Studios EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Broken Bulb Studios MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER Broken Bulb Studios NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT Broken Bulb Studios WILL NOT BE HELD LIABLE IN ANY WAY.
Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE EDTIOR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Broken Bulb Studios HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.
In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.
13. Reservation of rights
Broken Bulb Studios reserves all of Broken Bulb Studios's rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that Broken Bulb Studios may have in respect of this web site, its content, and goods and services that may be provided. The use of Broken Bulb Studios's rights. and property requires Broken Bulb Studios's prior written consent. By making services available to you, Broken Bulb Studios is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this web site or provided services without Broken Bulb Studios's prior written consent.
14. Notification of copyright infringement
If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, Broken Bulb Studios\'s copyright agent may be contacted via:
info AT NinjaWarz DOT com
15. Applicable law
You agree that these Terms of use and any dispute arising out of your use of this web site or products or services provided will be governed by and construed in accordance with local laws applicable at Broken Bulb Studios's domicile, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By registering for a user account on this web site, or by using this web site and the services it provides, you accept that jurisdiction is granted to the courts having jurisdiction over Broken Bulb Studios's domicile, and that any disputes will be heard by the said courts.
16. Miscellaneous information
(i) In the event that any provision of these Terms of use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of use will remain valid and applicable; (ii) The failure of either party to assert any right under these Terms of use will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect; (iii) You agree that any claim or cause in respect of this web site or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation; (iv) Broken Bulb Studios may assign Broken Bulb Studios's rights and obligations under these Terms of use; in this event, Broken Bulb Studios will be relieved of any further obligation.


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