Welcome to PerBlue, Inc.'s (dba Finger Swag) ("PerBlue", "We", "Our") action game, Bob vs Bear ("Game"), and all associated PerBlue services provided at or through Bob vs Bear (collectively, "BvB") including http://www.bobvsbear.com
however accessed and/or used, whether via personal computers, mobile devices, tablets, handheld devices, or through other interactive services, features, applications, and downloads (collectively, “Websites”).
You may receive a copy of this Agreement by emailing us at: firstname.lastname@example.org
2. Age Restriction
BvB’s users must be aged 13 years or older at the time of account creation. If you are under the age of 13, cease using BvB immediately.
If you are a parent or legal guardian of a child who is using BvB and you wish PerBlue to disable your child's account, please email PerBlue at email@example.com
, subject: Delete my child's account.
3. Your Conduct
You agree NOT to:
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Game in any form of client or server, including code in any and all programming languages;
- modify or attempt to modify or in any way tamper with the Game;
- block any advertising in connection with BvB;
- copy or clone the Game
- use profanity in any communications with other Users in all available channels supported in relationship to BvB including chats, personal messages, status messages, profile pictures, and player bios;
- include any sexually explicit text, picture, or other material or language including references to sexually explicit material in any communication to other Users in all available channels supported in relationship to BvB including chats, personal messages, status messages, profile pictures, and player bio;
- include any personally identifiable information in your user ID or Game alias;
- use the Game to find the location of any other User other than for purposes of playing the Game;
- stalk, harass or threaten other Users;
- physically or emotionally harm other Users;
- commit any illegal action through use of the Game;
- sell items, user accounts, or access to user accounts or Game content for valid currency or items of monetary value;
- share or allow others to use Your account. You are responsible for maintaining the security of Your account, including, but not limited to, login information, password, e-mail, and all activity that occurs on Your account, including, but not limited to, Credits purchases, item drops, messages, and chats;
- transfer an account to any other person or entity for any reason including in the event of death or any disability;
- maintain more than one account;
- reveal any personal information about another individual, including another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
- attempt to impersonate any other party whether a person or entity;
- create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications;
- trick, defraud or mislead PerBlue or other Users, especially in any attempt to learn sensitive account information such as passwords and login information;
- take advantage of any glitch or bug in BvB, especially in any attempt to gain monetary value or learn sensitive account information of other Users;
- make improper use of PerBlue’s support services or submit false reports of abuse or misconduct;
- engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or other multi-tiered marketing scheme;
- disparage, tarnish, or otherwise harm, in PerBlue's opinion, BvB and/or PerBlue including its owners and employees;
- disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;
- interfere with or circumvent any security feature of BvB or any feature that restricts or enforces limitations on use of or access to BvB or User Submissions;
- engage in cheating or any other activity deemed by PerBlue to be in conflict with the spirit or intent of BvB.
BvB is intended only as a Game for Devices. It should not be used while driving or operating any vehicle or other means of transportation, or used in any situation where such use could lead to death, personal injury, severe physical injury or property damage. You agree that your use of BvB shall be at your sole risk. BvB is provided "as is" and without any warranties of any kind.
PerBlue expressly disclaims all warranties, expressed or implied, related to BvB and your use thereof, including, warranties of title, merchantability, fitness for a particular purpose or non-infringement or warranties of uninterrupted, timely, secure, or error-free use or operation.
If you purchased the Game from a third party platform (e.g. Google Play), your sole remedy is to request a refund from such platform and, consistent with its policies, the platform will refund the purchase price for BvB to you. To the maximum extent permitted by law, the platform will have no warranty obligation whatsoever with respect to BvB and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of BvB.
PerBlue does not warrant or make any representations regarding the use or the results of the use of any BvB Information, terms of security, safety, correctness, accuracy, reliability, or otherwise. You assume the entire cost of and responsibility for any necessary servicing, repair, or correction related to your use of BvB or download of the Game. In no event shall PerBlue or any third party platform be responsible for any such servicing, repairs or corrections. You understand and agree that you access, download, or otherwise obtain BvB, or material or data through the use of BvB, at your own discretion and risk.
PerBlue assumes no liability or responsibility for (a) errors, mistakes, or inaccuracies of BvB; (b) any products or services listed on or purchased through BvB; (c) any acts, omissions and conduct of any users, advertisers and/or other parties on or through BvB; (d) any unauthorized access to or use of BvB servers and/or any and all personal information or other data stored therein; (e) any interruption or cessation of transmission to or from BvB; (f) any injuries physical or emotional to you or third parties related to use of BvB; (g) any illegal activity in connection with BvB; and (h) any bugs, viruses, trojan horses, or the like which may be transmitted to or through BvB.
PerBlue does not warrant, endorse, guarantee, or assume responsibility for any product listed or sold by a third party through BvB or any hyperlinked website or featured in any advertisements.
To the maximum extent permitted by law, PerBlue expressly disclaims all liability for product defect or failure of BvB or the Devices on which it is loaded, claims that are due to normal wear, BvB or Device misuse, abuse, modification, improper product selection, non-compliance with any codes, or misappropriation. PerBlue makes no warranties to those defined as "Consumers" in the Federal Trade Commission's Magnuson-Moss Warranty Act.
PerBlue will not be a party to or in any way be responsible for monitoring any transactions or interactions between You and other Users or third-parties. As with use of any product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
5. Limitation of Liability
Your sole and exclusive remedy from any use of, or inability to use, BvB, shall be for you to discontinue use of BvB.
To the extent that there are claims not covered by the disclaimers, limitations of liability and indemnifications herein, PerBlue, not any third party platform, is responsible for addressing any of such claims related to BvB or Your possession and/or use of BvB, including but not limited to (a) product liability claims; any claim that BvB fails to conform to any applicable legal or regulator requirement; and (b) claims arising under consumer protection or similar legislation.
In the event of any third party claim, not covered by the disclaimers, limitations of liability and indemnifications herein, that BvB or your possession and use of BvB infringes that third party's intellectual property rights, PerBlue, not any third party platform, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. Content Ownership
All of the content on BvB including, without limitation text, graphics, maps, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, sounds, music, artwork and computer code, design, structure, selection, coordination, "look and feel" and arrangement of such content ("Content"), is owned by PerBlue, its licensors, vendors, agents or content providers. All elements of BvB including, without limitation the general design and the Content, are protected by copyright, trademark, trade dress, moral rights or other intellectual property regimes.
8. User Submissions
9. Virtual Items
Users who use the BvB Forum or send email to PerBlue staff are required to agree to the following additional terms and conditions that govern all communications on the Forum between the User, other Users, and/or PerBlue and the ownership of any such communications as consideration for the privilege of being permitted to contribute to the Forum:
You hereby acknowledge and agree that any notes, e-mails, online messages, bulletin board or chat room postings, ideas, suggestions, concepts, designs, or other material ("Material") You submit to any physical PerBlue company address, to any website owned or controlled by PerBlue, or to any e-mail addresses contained in or on those web sites (each a "PerBlue Location") and that You submit in your capacity as a User, in PerBlue's sole discretion, shall be the property of PerBlue.
When You submit any Material to a PerBlue Location, You acknowledge and agree that You are assigning all intellectual property rights in that Material to PerBlue and that the intellectual property rights to such Material will no longer belong to You. Upon Your assignment of Material to PerBlue, PerBlue has the right to use the Material for as long as it wants, in any way it chooses, including for commercial, promotional, and advertising purposes without any obligation (including any financial obligation) to You at any time. You waive and relinquish any rights, including "moral rights," that may exist in the Material to the furthest extent permissible by law and agree not to assert any rights over the Material.
You agree to treat any communication or information you receive from PerBlue, through BvB posted by PerBlue, in BvB in a private forum, through e-mail, or in PerBlue’s bug tracking system as confidential ("Confidential Information") and refrain from sharing it with any third parties, including other Users and PerBlue competitors. Such Confidential Information may include without limitation, previews of designs or models for the Game, software, source code, bug reports, any information provided by PerBlue to beta testers, any information in tech support e-mails, private forum messages, private messages in the Game, and marketing information.
If You do not agree to these additional terms and conditions governing communication, you should not partake in correspondence with PerBlue and should not use the Forum.
11. User Interactions
PerBlue is not responsible for Your interactions with other Users, including playing, communicating, networking, any purchase or sale of goods, and/or any other interactions between You and other Users. All such interactions made using BvB should be considered public. As with any web-based interaction, We suggest that You use caution and good judgment. PerBlue bears no liability for any loss or damage incurred as a result of any such interactions. If there is a dispute between You and another User or a third party, PerBlue is under no obligation to become involved. You release PerBlue and its officers, directors, employees, agents and contractors from any claims, demands and damages (whether direct, indirect, consequential, special, incidental, actual or statutory) of every kind and nature arising out of or in any way related to such disputes or interactions, BvB and PerBlue.
12. Third Party Websites
BvB may contain links to third-party websites that are not owned or controlled by PerBlue. All such links are provided solely as a convenience to You. PerBlue has no control over, and assumes no responsibility for, the content, products, services, policies, or practices of any third-party websites. PerBlue does not endorse, guarantee, or make any representations or warranties regarding any other websites. By using the BvB, You expressly relieve PerBlue from any and all liability arising from Your use of any third-party website.
The Websites also include a tool that allows you to sign in using information from your account with a third party service, such as Facebook, Twitter, Google, Yahoo, OpenID, or LinkedIn. Please be aware that those third party services are unrelated to the Websites, and that your use of the third party services is subject to the terms and policies of those services. In some cases, the Websites may include certain embedded tools provided and controlled by third parties and governed by the terms and policies of the third parties. You should only use these third party tools if you agree to their respective terms and policies.
PerBlue has the exclusive right to market, offer, sell and place advertisements and/or other promotional content or materials ("Advertisements") on or in connection with BvB for its sole benefit. You will not, and will not allow any third party, directly or indirectly, to market, offer, sell and place Advertisements on or in connection with BvB.
14. Termination and Modification
You may delete Your BvB account at any time, for any reason. Email PerBlue at firstname.lastname@example.org
, subject: Delete my BvB account.
Effects of Termination.
Upon any such termination, Your rights to access and use BvB shall automatically terminate. PerBlue has no obligation to delete, remove, or retain Your User Submissions or any Virtual Items, and they may remain active on BvB. In addition, even if User Submissions or Virtual Items are deleted from active display on BvB, they may be recorded and saved by PerBlue in its archives.
PerBlue may at any time modify the Game or Websites, any characters in the Game or Websites, or any physical characteristics of the Game or Websites at any time for any reason (or no reason) and without notice to You.
15. Digital Millennium Copyright Act
PerBlue respects the intellectual property of others and requires that You do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), the text of which may be found on the U.S. Copyright Office site at http://www.copyright.gov/legislation/dmca.pdf
, We will respond expeditiously to notices of alleged copyright infringement that are duly reported to Our Designated Copyright Agent identified in the notice below. We will disable and/or terminate the accounts of Users who are repeat infringers. If You believe Your content has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please provide Our designated Copyright Agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
PerBlue's designated Copyright Agent to receive notifications of claimed infringement is: Justin Beck email@example.com
or mail to PO Box 46293 Madison, WI 53744. You acknowledge that if You fail to comply with all of the requirements of this Section, Your DMCA notice may not be valid.
We may give notice to Our Users of any infringement notice by means of a general notice on any of Our Websites, electronic mail to a User's e-mail address in Our records, or by written communication sent by first-class mail to a User's physical address in Our records. If You believe that Your User Submission that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in Your User Submission, You may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that You have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a Federal District Court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which We may be found, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
16. Your Representations and Warranties
19. Third Party Beneficiary