1. Your relationship with Brawl Tales
1.1 Your use of the Brawl Tales website (the “Website”) and any Brawl Tales products, channels, software, data feeds and/or services, provided to you on or from or through the Website by Brawl Tales (collectively the “Service”) is subject to the terms and conditions of a legal agreement between you and Brawl Tales as set out herein (the “Terms”). “Brawl Tales” who can be contacted by e-mail at [email protected]
1.2 The Terms form a legally binding agreement between you and Brawl Tales in relation to your use of the Service. It is important that you take the time to read them carefully.
1.3 The Terms apply to all users of the Service, including users who are also contributors of Content, on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audio-visual combinations, interactive features and other materials you may view on, access through or contribute to the Service.
2. Accepting the Terms
2.1 In order to use the Service, you must firstly agree to the Terms. You may not use the Service if you do not accept the Terms.
2.2 You can accept the Terms by simply using the Service. You understand and agree that Brawl Tales will treat your use of the Service as acceptance of the Terms from that point onwards.
2.3 You may not use the Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with Brawl Tales, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.
3. Changes to the Terms
Brawl Tales reserves the right to make changes the Terms from time to time at its sole discretion, for example to address changes to the law or regulatory changes or changes to functionality offered through the Service. A modified version of the Terms (the “Modified Terms”) will be posted on the Brawl Tales site or made available within the Service (for any modified additional terms). If you do not agree to the Modified Terms you must stop using the Service. Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms.
4. Brawl Tales accounts
4.1 In order to access some features of the Website or other elements of the Service, you will have to create a Brawl Tales account. When creating your account, you must provide accurate and complete information. It is important that you must keep your Brawl Tales account password secure and confidential.
4.2 You must notify Brawl Tales immediately of any breach of security or unauthorized use of your Brawl Tales account that you become aware of.
4.3 You agree that you will be solely responsible (to Brawl Tales , and to others) for all activity that occurs under your Brawl Tales account.
4.4 Brawl Tales may from time-to-time contact you using the email address, physical address, and/or telephone numbers supplied by you regarding their products and those of third parties, if you have expressly consented to do so or you have provided implied consent (e.g. by contacting us). You may contact us via [email protected] .com if you do not wish to receive such communications.
5. General restrictions on use
5.1 Brawl Tales hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
A. you agree not to distribute any part of or parts of the Website or the Service, including but not limited to any Content, in any medium without Brawl Tales prior written authorization, unless Brawl Tales makes available the means for such distribution through functionality offered by the Service;
B. you agree not to alter or modify any part of the Website or any of the Service;
C. you agree not to access Content through any technology or means other than the Brawl Tales activity pages or such other means as Brawl Tales may explicitly designate for this purpose;
D. you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service;
E. you agree not to use the Service for any of the following commercial uses unless you obtain Brawl Tales prior written approval:
i. the sale of access to the Service
ii. the sale of advertising, sponsorships or promotions placed on or within the Service, or Content;
iii. the sale of advertising, sponsorships or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service unless other material not obtained from Brawl Tales appears on the same page and is of sufficient value to be the basis for such sales
F. prohibited commercial uses shall not include (i) uploading pornography content to the Brawl Tales site; or (ii) using pornography content contained within the Brawl Tales site, within the game
G. you may not modify, build upon or block any portion or functionality of the Brawl Tales Player including but not limited to links back to the Website;
H. you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more request messages to the Brawl Tales servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
I. you agree not to collect or harvest any personal data of any user of the Website or any Service (and agree that this shall be deemed to include Brawl Tales account names);
J. you agree not to use the Website or the Services (including the comments and email features in the Website) for the solicitation of business in the course of trade or in connection with a commercial enterprise;
K. you agree not to solicit, for commercial purposes, any users of the Website with respect to their Content;
L. you agree not to access Content or any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Service;
M. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Brawl Tales or the respective licensors of the Content;
N. You agree to use the Website and Service in good faith.
5.3 Brawl Tales grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Brawl Tales reserves the right to revoke these exceptions either generally or in specific cases.
5.4 Brawl Tales is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which Brawl Tales provides may change from time to time without prior notice to you.
5.5 As part of this continuing innovation, you acknowledge and agree that Brawl Tales may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Brawl Tales’ sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform Brawl Tales when you stop using the Service.
5.6 You agree that you are solely responsible for (and that Brawl Tales has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Brawl Tales may suffer) of any such breach.
6. Copyright policy
6.1 Brawl Tales respects the copyright of third parties. It will remove any content which is identified as belonging to a third party – you can do this by contacting us via email.
6.2 As part of Brawl Tales’ copyright policy, Brawl Tales will terminate user access to the /Service if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
7.1 As a Brawl Tales account holder you may submit Content. You understand that whether or not Content is published, Brawl Tales does not guarantee any confidentiality with respect to Content.
7.2 You retain all of your ownership rights in your Content, but you are required to grant limited license rights to Brawl Tales and other users of the Service. These are described in paragraph 8 of these Terms (Rights you license).
7.3 You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. Brawl Tales does not endorse any Content or any opinion, recommendation, or advice expressed therein, and Brawl Tales expressly disclaims any and all liability in connection with Content.
7.4 You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable Brawl Tales to use your Content for the purposes of the provision of the Service by Brawl Tales, and otherwise to use your Content in the manner contemplated by the Service and these Terms.
7.6 You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for Brawl Tales to use or possess in connection with the provision of the Service.
7.7 You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant Brawl Tales the license referred to in paragraph 8.1 below.
7.8 On becoming aware of any potential violation of these Terms, Brawl Tales reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User’s access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.
7.9 You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Brawl Tales with respect to any such Content.
7.10 Some of the information on this Website and/or Service may contain projections or other forward-looking statements regarding future events or the future financial performance of Brawl Tales. We wish to caution you that these statements are only predictions and those actual events or results may differ materially.
8. Rights you license
8.1 When you upload or post Content to Brawl Tales, you grant:
A. to Brawl Tales, a worldwide, irrevocable, non-exclusive, royalty-free, transferable license (with right to sub-license) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and Brawl Tales’ business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels;
B. to each user of the Service, a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Service and under these Terms.
8.2 The above licenses granted by you in textual comments you submit as Content are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you as set out in paragraph 7.2 above.
9. Brawl Tales content on the Website
9.1 With the exception of Content submitted to the Service by you, all other Content on the Website and/or Service is either owned by or licensed to Brawl Tales, and is subject to copyright, trade mark rights, and other intellectual property rights of Brawl Tales or Brawl Tales’ licensors. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Brawl Tales or, where applicable, Brawl Tales’ licensors. Brawl Tales and its licensors reserve all rights not expressly granted in and to their Content.
10. Links from Brawl Tales
10.1 The Service may include hyperlinks to other web sites that are not owned or controlled by Brawl Tales. Brawl Tales has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
10.2 You acknowledge and agree that Brawl Tales is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
10.3 You acknowledge and agree that Brawl Tales is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
11. Ending your relationship with Brawl Tales
11.1 The Terms will continue to apply until terminated by either you or Brawl Tales as set out below.
11.2 If you want to terminate your legal agreement with Brawl Tales, you may do so by (a) notifying Brawl Tales at any time; and (b) closing your Brawl Tales account. Your notice should be sent, in writing, to Brawl Tales’ address which is set out at the beginning of these Terms.
11.3 Brawl Tales may at any time terminate its legal agreement with you if:
A. you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
B. Brawl Tales is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful).
11.4 Brawl Tales may terminate its legal agreement with you if:
A. Brawl Tales is transitioning to no longer providing the Service to users in the country in which you are resident or from which you use the Service; or
B. the provision of the Service to you by Brawl Tales is, in Brawl Tales’ opinion, no longer commercially viable;
C. any other reason as Brawl Tales may deem fit or necessary;
and in the case of each of A, B, and C of this clause 11.4 shall, where possible, give reasonable notice of such termination.
11.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Brawl Tales have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 14.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
12. Exclusion of Warranties
12.1 Nothing in the Terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
12.2 The Service is provided “as is” and “as available” basis. Brawl Tales makes no warranty or representation to you with respect to them.
12.3 In particular Brawl Tales does not represent or warrant to you that:
A. your use of the Service will meet your requirements;
B. your use of the Service will be available, accessible, uninterrupted, timely, secure or free from error;
C. any information obtained by you as a result of your use of the Service will be accurate, reliable, complete, timely and/or secure; and
D. that defects in the operation or functionality of any software provided to you as part of the Service will be corrected.
12.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Terms.
13. Limitation of Liability
13.1 Nothing in these Terms shall exclude or limit Brawl Tales’ liability for losses which may not be lawfully excluded or limited by applicable law.
13.2 Subject to the overall provision in paragraph 13.1 above Brawl Tales shall not be liable to you for:
A. any indirect or consequential losses which may be incurred by you. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered by you;
B. any loss or damage which may be incurred by you as a result of:
i. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service;
ii. any changes which Brawl Tales may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service);
iii. the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service;
iv. your failure to provide Brawl Tales with accurate account information;
v. your failure to keep your password or Brawl Tales account details secure and confidential.
13.3 The limitations on Brawl Tales’ liability to you in paragraph 13.2 above shall apply whether or not Brawl Tales has been advised of or should have been aware of the possibility of any such losses arising.
13.4 Notwithstanding anything to the contrary contained herein, the maximum liability of Brawl Tales shall not exceed in aggregate the sum of United States Dollar (USD1,000.00) only or an amount equivalent to the aggregate sum paid by you to Brawl Tales within the preceding six (6) months from the date on which your claim arises, whichever is the lesser.
13.5 To the extend permitted by law, you shall indemnify and shall keep indemnified Brawl Tales from any loss, damage, liability or expense, arising from any claims for libel, invasion of privacy, infringement of copyright, patent, breach of confidence or privilege or breach of any law or regulation whatsoever arising from the breach of these Terms, the use of the your Brawl Tales account and Service, Content transmitted, received or stored via the Service or part thereof and for all other claims arising out of any act or omission of your or any unauthorised use or exploitation of the Services or part thereof.
13.6 To the extend permitted by law, you hereby agree to fully indemnify and to hold Brawl Tales harmless from and against any claim brought by a third party resulting from your use of the Brawl Tales account, Service and Website and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered, or incurred directly or indirectly by Brawl Tales in consequence of such use of the Brawl Tales account, Service and Website, and/or your breach or non-observance of any of these Terms or any applicable terms and conditions of any new services or products which Brawl Tales may provide from time to time. You shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against Brawl Tales arising from the above claims, and shall provide Brawl Tales with notice of such claims, full authority to defend, compromise or settle such claims, and reasonable assistance necessary to defend such claims, at your sole expense.
14. General legal terms
14.1 The Terms constitute the whole legal agreement between you and Brawl Tales and govern your use of the Service and completely replace any prior agreements between you and Brawl Tales in relation to the Service. All other terms of service that Brawl Tales and any of its subsidiaries may have in place from time to time are expressly excluded from the Terms.
14.2 You agree that Brawl Tales may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
14.3 You agree that if Brawl Tales does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Brawl Tales has the benefit of under any applicable law), this will not be taken to be a formal waiver of Brawl Tales’ rights and that those rights or remedies will still be available to Brawl Tales .
14.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
14.5 No other person or company shall be a third party beneficiary of the Terms.
14.6 The Terms, and your relationship with Brawl Tales under the Terms, shall be governed by Singapore law. You and Brawl Tales agree to submit to the exclusive jurisdiction of the courts of Singapore to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Brawl Tales shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.
15. Force Majeure
15.1 Without limiting the generality of any provision in these Terms, Brawl Tales shall not be liable for any failure to perform its obligations herein caused by an act of God, insurrection or civil disorder, military operations or act of terrorism, all emergency, acts or omission of any applicable government, or any competent authority, labour trouble or industrial disputes of any kind, fire, lightning, subsidence, explosion, floods, acts or omission of persons or bodies for whom Brawl Tales has no control over or any cause outside Brawl Tales’s reasonable control.
15.2 The Service may occasionally be affected by interference caused by objects beyond Brawl Tales’s control such as buildings, underpasses and weather conditions, electromagnetic interference, equipment failure or congestion in the Brawl Tales system. In the event of such interference, Brawl Tales shall not be responsible for any inability to use or access the Service, interruption or disruption of the Service.