Terms of Service
Terms of Service
We, Boef.nl, seated in Jansdam 2A, 3512 HB, Utrecht, The Netherlands, are owners and managers of boef.nl and to keep Boef honest and fun, there are some rules that the players must adhere to.
1. DESCRIPTION OF SERVICES AND LIMITED LICENSE TO USE SERVICES
BOEF reserves the right to change, modify, add, or delete clauses in these Terms at any time, in accordance with the procedures described below in article 15. The “Last Updated” date at the top of these Terms will indicate when the latest modifications were made. By continuing to access and use the Services after these Terms have been modified, you are agreeing to such modifications.
The Services are for your individual, non-commercial, entertainment purposes only. Except as may be expressly permitted by the Terms, you may not sell or exchange anything you copy or derive from the Services. As long as you comply with these Terms, BOEF grants you a personal, non-exclusive, non-transferable, limited right during the term of these Terms to enter, use, perform, and display the Services and everyone on it. You agree not to interrupt or attempt to interrupt the operation of the Services in any way.
2.1 Creation of your Account
Access to and use of certain additional functions and/or benefits of the Services are subject to the creation of an account with BOEF (the “Account”). If you do not have an Account opened with BOEF, you can create one on the Service’s website.
To create an Account, you must have an e-mail address and supply truthful and accurate information. You must be authorized to use the Services for which you register, and in particular meet the age criteria. Certain Services may require the creation of a « User name » or an « avatar ». User names and avatars are linked to your Account. You may not use a User name and/or an avatar which is already used by someone else, which does not meet the requirements of these Terms or the ethical rules which apply on the Internet, or which is insulting, vulgar, obscene, defamatory or in any other way in violation of the rights of others (in particular, without limitation, name rights and image rights). Except if specifically allowed within the Service, you acknowledge that you may not create multiple Accounts and that you will immediately close your additional Account upon BOEF’s request. BOEF advises you not to include your surname in your User name. You agree to your User name being publicly displayed in the course of the use of the Services. BOEF reserves the right to refuse registration of, or cancel, a username in its sole discretion.
You are solely responsible for maintaining the confidentiality and security of your Account and any user identifications, passwords, authentication codes or other security devices or procedures (collectively “Password”). Do not reveal the Password of your Account to outside parties. We are not responsible for any losses arising out of the unauthorized use of your Account. BOEF will never ask you to reveal your Password and will never take the initiative of contacting you to ask you for the memory joggers associated with your Password. We reserve the right to suspend your access to the Services and change (or require you to change) your Password at any time. Any use of your Account with your Password, and in particular any purchase of Services, is deemed to be carried out by you.
If any contact details (including without limitation, user name, e-mail address and billing address) change, you agree to notify BOEF in writing within thirty (30) days of the occurrence of such change.
2.2 Accuracy and Use of your Account Data
You agree to supply true, accurate, up-to-date and complete personal information and keep it up to date (including in the event of a transfer of data from a pre-existing Account), in accordance with BOEF’s requests in the registration process.
You shall not claim to be any other person or entity and shall not represent your identity or an affiliation with any other person or entity in an inaccurate way, including by using the User name, password or any other information relating to someone else’s Account or the name, likeness, voice, image or photograph of another person or by providing false information concerning a parent or legal guardian when the registration process asks you to give this information.
You acknowledge and accept that BOEF may take action to check the accuracy of the information you give, including by carrying out undefined checks of any landline or mobile telephone number and/or e-mail address you have given for a parent or legal guardian when applicable. In order to protect other users and prevent risks of fraud, you agree to send the necessary authorizations and supporting documents to BOEF on request by e-mail, fax or post. The documents requested may include a copy of your national identity card or your passport.
If you provide any information that is false, inaccurate, outdated or incomplete, or BOEF has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, BOEF has the right to suspend or terminate your Account and prohibit any and all current or future use of the Services (or any portion thereof) by you.
You also agree to inform BOEF as quickly as possible, by contacting BOEF customer service.
of any unauthorized use of your User name, password or other information concerning your Account or of any other security violation concerning or involving the Services which comes to your attention.
3. USE OF SERVICES AND RULES OF CONDUCT
3.1 Use of Services
The Services are intended for personal use only and you must in no case use them in any way for commercial purposes. You undertake not to sell, rent out or market the Service or Materials. You also undertake not to arrange, modify, decompile, disassemble, subject to reverse engineering, translate, adapt, reproduce, distribute, disseminate or transfer any information, any software, any product and in general any element of the Services or Content except as expressly permitted by the Terms. Re-posting or automated use or large-volume use of the Services or Content or transfer of any Services or Content to any other computer or mobile device are expressly prohibited except as expressly permitted by the Terms. For the purpose of these Terms, Content shall include all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Services, individually or in combination, together with all related Intellectual Property Rights in the above, (collectively, the “Content”).
You undertake to comply at all times during use of the Services (i) with the national and international laws and regulations in force and (ii) with these Terms. You guarantee that you will not use the ServiceS (including THROUGH the creation and use of any content generated by yourself) for unlawful or immoral purposes OR FOR PURPOSES CONTRARY TO THE USE OF THE SERVICE.
Use of the Services does not include supply by BOEF of a computer or any other hardware, equipment or service necessary for their use. To use the Services, you must have your own means of telecommunication and Internet access.
3.2 Rules of Conduct
You agree to use the Services only for lawful purposes, and that you are responsible for your use of and communications on the Services. More particularly, you undertake not to directly or indirectly:
- use within the framework of the Services any element or content which would infringe on the intellectual and industrial property rights including patent, trademark or copyrights, right to privacy or publicity and/or image rights and/or any other rights of others;
- create, use, share and/or publish by any means (forum, public profile or other means) within the framework of the Services any material (text, words, images, sounds, videos, etc.) or content which, in BOEF’s estimation, is unlawful, harmful, abusive, harassing, threatening, malicious, defamatory, libelous, untruthful, pornographic, pedophilic, obscene, vulgar, racist, xenophobic, liable to incite hatred, sexually explicit, violent, contrary to morality; encourages criminal conduct or would give rise to civil liability, or otherwise violates any applicable local, state, national, or international law or is in any other way unacceptable;
- create, use, share and/or publish by any means (forum, public profile or other means) within the framework of the Services any material (text, words, images, sounds, videos, etc.) which would constitute a breach of an obligation of confidentiality or which would incite the committing of an unlawful act (in particular, infringing others’ intellectual property, piracy, hacking or circulation of counterfeit software);
- conduct activities aimed at accessing elements or functions of the Services whose use has not been authorized by BOEF;
- access the Services by means other than those provided by BOEF;
- harm minors in any way;
- solicit personal information or data from anyone under 18 years of age;
- maintain any link from another website to the Services without the prior written authorization of BOEF;
- arrange, modify, translate, adapt, reproduce, index, copy and/or extract any information, software, product or other element or part of the Content by any means without BOEF’s express prior permission;
- modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Services, or their accessibility to other Users, or the functioning of the partner networks of the Services, or attempt to do any of the above;
- transmit or propagate any virus, Trojan, worm, bomb, corrupted file and/or similar destructive device or corrupted data within the framework of the Services, and/or organize, participate in or be involved in any way in an attack on BOEF’s servers and/or the Services and/or those of its service providers and partners;
- create, use and/or circulate “auto” or “macro” computer programs or other cheat programs or software applications, and/or use the Services via a mirror site;
- “bot”, “hack”, or “crack”, or otherwise attempt to circumvent any access control, copyright protection or license-enforcement mechanisms associated with or related to the Services, including the ones discussed in Section 8 below;
- create or supply other means enabling use of the Services by other persons, for example server emulators;
- harass other Users of the Services, send them unsolicited messages for commercial prospecting purposes, use the Services for purposes of surveys, competitions, pyramid selling or similar operations, or for sending mass e-mails, spam or any unsolicited advertising or promotional items, for commercial purposes or otherwise;
- use incorrect information, use another User’s Account, assume another person’s identity or present false credentials in order to disguise the origin of any content transmitted through the Services;
- use any means not expressly permitted by BOEF to collect or intercept data exchanged by other Users within the framework of the Services, or the names/screen names and/or passwords of any other User;
- attempt to obtain a password, information concerning an Account or other information of a private nature from any other User of the Services, and/or sell, rent out, share, lend and/or in any other way transfer to any outside party your Account and/or the means of accessing it and/or in any other way allow any outside party to benefit from your Account;
- make inappropriate use of the game help service or the claim buttons or send untruthful reports to members of BOEF’s personnel;
- access, use, download from the Services or otherwise reproduce or supply to anyone (free of charge or in return for payment) any directory of Users of the Services or any other information concerning Users or use of the Services;
- refuse to obey the instructions of any BOEF representative or any requirements, procedures, policies, or regulations of networks connected to the Services; and
- impersonate any person or entity, including, but not limited to a representative of BOEF, or falsely state or otherwise misrepresent your affiliation with a person or entity.
3.3 Monitoring of Services by BOEF
BOEF is not responsible for and does not support, approve or sanction the opinions, advice and/or recommendations displayed or sent by Users on the Services, notably in any public forum, and declines any responsibility in this regard. You understand that by using the Services, you may be exposed to UGC as defined below that is offensive, indecent or objectionable. BOEF makes no representations or warranties, express or implied, as to the UGC or the accuracy and reliability of the UGC or any other material or information that you may access through the Services. You agree that you must evaluate, and bear all risks associated with, the use of any User Content including any reliance on the accuracy, completeness, or usefulness of such UGC. In this regard, you acknowledge that you may not rely on any UGC. Parents should use appropriate parental discretion in determining whether to grant authorization to minor children to access the Services.
You are solely responsible for your interactions with other users of the Services. BOEF reserves the right, but has no obligation, to monitor disputes between you and other users of the Services. BOEF reserves the right to terminate your access to the Services if BOEF determines, it its sole discretion, that doing so is prudent.
Subject to the applicable imperative legal provisions, BOEF does not undertake to monitor or remove the content, messages and other information made available on the Services by its Users. BOEF nevertheless reserves the right, without this constituting an obligation, to review content placed on line, particularly on the home pages or forums.
BOEF reserves the right to refuse any User name, screen name and/or password you have chosen, particularly when the name or the screen name has already been registered by another user of the Services or when the name, screen name and/or password is liable to violate the clauses of these Terms. BOEF also reserves the right to remove any content or UGC, from the Services at any time, without any notice and for any reason, including but not limited to, content that violates these Terms or is otherwise objectionable, in BOEF’s sole discretion.
BOEF furthermore reserves the right to define additional rules of conduct and to place limits on the use of the Services. BOEF may, for example, define:
(a) a maximum number of days for which messages or any other downloaded Content will be stored within the framework of the Services;
(b) a maximum number or volume of messages which can be sent or received by an Account opened on the Services;
(c) a maximum memory capacity which will be allocated by our servers for your Account; and
(d) a maximum number of times you may access the Services, together with a maximum duration for each access during a given period.
4. ACCESS AND TERMS SPECIFIC TO MINORS
If you are a minor, you represent that you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms, submit content, participate through the Services and fulfill the obligations set forth in these Terms.
BOEF restricts access to certain Services on age grounds and, in certain jurisdictions, for certain Services and functions, asks for parent approval when underage User under 13 years old (a “Minor”) wishes to register for the Services. When a Minor registers, (s)he must imperatively supply the e-mail address of a parent or legal guardian who will be contacted by BOEF to ask him/her to confirm, refuse or modify his/her Minor’s registration. BOEF reserves the right to limit the period during which a Minor may play pending confirmation and activation by his/her parent or guardian. BOEF reserves the right to ask for written proof of parental consent for any User or potential User of the Services we suspect is a Minor. Parental consent applies exclusively to the Service for which it has been granted.
In all cases, use of the Services by Minors must take place under the responsibility of their parents or legal guardians and any use of the Services is assumed to have been validated by them. AS FAR AS IS PERMITTED BY APPLICABLE LEGISLATION, BOEF DECLINES ANy responsibility regarding ANY activities which may be conducted by minors without the permission of their parents or legal guardians.
IF YOU ARE A PARENT OR LEGAL GUARDIAN AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO RESISTER FOR ONE OR OTHER OF THE SERVICES, YOU THEREBY AGREE TO THE TERMS RELATING TO USE OF THE SERVICES BY YOUR CHILD.
Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available at http://www.staysafe.org.
5. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all materials on the Services, including the Services’ design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, “Materials”) are the property of BOEF, its parent company or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. You will not obtain any ownership interest in the Materials or the Services through these Terms or otherwise. All rights to Materials not expressly granted in these Terms are reserved to their respective copyright owners. Except as expressly authorized by these Terms or on the Services, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of BOEF or the respective copyright owner, which may be granted at its sole discretion.
The trademarks, services marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on the Services and any Marks associated with any products available on the Services) are the sole property of BOEF and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of BOEF and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of BOEF and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of BOEF. BOEF will enforce its intellectual property rights to the fullest extent of the law.
BOEF makes no representations that the Services, Materials or products described or offered on the Services are appropriate or available for use in jurisdictions outside the United States, or that these Terms comply with the laws of any other country. Visitors who use the Services and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Services from any territory where its contents are illegal, and that you, and not BOEF and its Affiliates, are responsible for compliance with applicable local laws.
You may submit reviews, comments, or other feedback on the Services. Any comments, suggestions, or feedback relating to the Services or the Materials on the Services (collectively, “Feedback”) submitted to BOEF shall become the property of BOEF or its Licensors. BOEF will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, application, site, Service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in the Services, or the Services operations, the content that is posted on the Services whether the changes are to related content that is posed on the Site or not in the future. Without limitation, BOEF will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not BOEF, have full responsibility for the message, including its legality, reliability, and appropriateness, originality and copyright.
6. REPORTING OF UNLAWFUL CONTENT
If you consider that any content made available on the Services by users does not comply with these Terms (including the Rules of Conduct stipulated in article 3.2), you may report this to BOEF by contacting the BOEF support team at the BOEF website.
7. TECHNICAL PROTECTIVE MEASURES – DIGITAL RIGHTS MANAGEMENT
CERTAIN BOEF GAMES AND SERVICES MAY BE PROTECTED BY TECHNICAL PROTECTION MEASURES AND DIGITAL RIGHTS MANAGEMENT, PARTICULARLY, WITHOUT LIMITATION, PHYSICAL PROTECTION, TATTOOING (WATERMARKING), DIGITAL KEYS AND ONLINE ACTIVATION.
A BROADBAND INTERNET CONNECTION AND THE CREATION OF A BOEF ACCOUNT ARE NECESSARY TO ACCESS THE ONLINE FUNCTIONS AND TO PLAY ON LINE, AND, IN CERTAIN CASES, TO UNLOCK EXCLUSIVE CONTENTS. SUCH EXCLUSIVE CONTENTS MAY BE UNLOCKED ONCE ONLY WITH A UNIQUE KEY.
FOR ALL GAMES AND SERVICES INCORPORATING ORBIT DIGITAL RIGHTS MANAGEMENT TECHNOLOGY, A PERMANENT BROADBAND INTERNET CONNECTION AND THE CREATION OF A BOEF ACCOUNT ARE NECESSARY TO PLAY SAID GAME(S) OR ACCESS SAID SERVICE(S) AT ANY TIME.
BOEF MAY CANCEL ACCESS TO ONE OR MORE ONLINE FUNCTIONS SUBJECT TO NOTIFICATION WITH PRIOR NOTICE OF 30 (THIRTY) DAYS ON THE BOEF WEBSITE OF THE GAME OR SERVICE(S) CONCERNED.
8. MERCHANT SERVICES
If BOEF’s shop enables you to purchase a product on the Services, specific terms for the purchase may apply and can be found of the Service’s website.
9. FORUMS AND DISCUSSION AREAS PROVIDED BY THE SERVICES
The Services may contain forums, information groups or other types of online discussion areas (collectively known as “Forums”) which are not moderated or which are moderated after the event, with the result that your messages are not checked before being displayed on BOEF’s websites.
When you use these Services, you should be aware of the fact that your User name and your messages will be public and consultable by any Internet user who visits the Services. You send your messages at your own risk. You have sole responsibility for their submission, publication and dissemination.
You undertake to comply with all the rules of conduct stipulated in article 3 of these Terms, and furthermore not to:
- restrict or prevent use of the Forum by any other User of the Services;
- place on line or reveal via the Services any real personal information concerning a player;
- place on line or reveal information which is not generally related to the designated topic or theme of the public Forum in question;
- place on line or reveal information which is inappropriate or disrespectful of the usual or targeted Users of the Forum.
BOEF reserves the right to contact you to obtain further information on the messages you have disseminated, in particular to check that you are entitled to disseminate them and/or that you are the owner of the elements (text, words, images, sounds, videos, etc.) which they contain.
IN ALL CASES, BOEF is in usual circumstances not responsible towards a User for and does not endorse the opinions, advice and/or recommendations displayed or sent by Users on the Services, notably in any public forum, and declines any responsibility in this regard.
10. RULES FOR SWEEPSTAKES, CONTESTS AND SIMILAR PROMOTIONS
11. ADVERTISING AND PROMOTION OF PRODUCTS
Entirely at its own discretion, and subject only to its editorial policy for each Service, BOEF may highlight certain third party products and/or services by inserting promotional links, advertising banners or any other advertising and promotional element, and may also carry out cross-marketing operations with any partner of its choice.
Links on the Services to third party websites and applications are provided only as a convenience to you. If you use these links, you will leave the Services. Your dealings with third parties through links to such third party websites or applications are solely between you and such third parties. BOEF does not control or endorse any such third party websites. You agree that BOEF will not be responsible or liable for any content, goods, or services provided on or through these outside websites or applications or for your use or inability to use such websites or applications. You will use these links at your own risk. You are advised that other websites on the Internet and mobile applications, including third party websites and applications linked from the Services, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. BOEF expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website or application.
Without limiting the foregoing, your correspondence or business dealings with, or participation in promotions of or purchases from, advertisers or third party applications found on or through the use of the Services, including payment for and delivery of related goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party application provider. You agree that BOEF shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third party applications on the Services.
BOEF is not responsible for the third party products or services (including third party applications) sold on or through the Services or any claims of quality or performance made on or through the Services.
12. LIABILITY, GUARANTEE AND COMPENSATION
LIMITATION & EXCLUSION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF OUR GAME IS AT YOUR OWN RISK.
THE SERVICES ARE SUPPLIED ON AN “AS IS” OR “AS AVAILABLE” BASIS. BOEF, ITS PARENT, SUBSIDIARIES, OTHER AFFILIATED COMPANIES AND BOEF’S LICENSORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES WORLDWIDE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT.
BOEF DOES NOT GUARANTEE AND MAKES NO COMMITMENT OR WARRANTY CONCERNING THE USE OF THE SERVICES OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF CONFORMITY, ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, AVAILABILITY ETC. WITHIN THE LIMITS AUTHORIZED BY APPLICABLE LAW, BOEF DECLINES TO OFFER ANY GUARANTEE CONCERNING THE MARKET VALUE OF THE SERVICES AND GAMES, YOUR SATISFACTION OR THE SUITABILITY OF THE SERVICES OR GAMES FOR A PARTICULAR USE. IN ADDITION, BOEF OFFERS NO GUARANTEE THAT THE SERVICES AND GAMES, INCLUDING THE SERVERS AND SOFTWARE NECESSARY FOR THEIR OPERATION, WILL BE SECURE, FREE OF INTERRUPTION OR ERRORS, BUGS, VIRUSES OR HARMFUL ELEMENTS, OR THAT ERRORS, BUGS, VIRUSES OR HARMFUL ELEMENTS WILL BE CORRECTED. LASTLY, BOEF OFFERS NO GUARANTEE THAT THE INFORMATION, CONTENTS AND/OR ELEMENTS ACCESSIBLE VIA THE SERVICES AND GAMES ARE ACCURATE, COMPLETE OR UP TO DATE. IN PARTICULAR, BOEF DOES NOT EXHAUSTIVELY CHECK THE CONTENT OF ALL KINDS, NOTABLY THE UGC (AS DEFINED IN ARTICLE 6), OR THE WORDS THAT YOU OR OTHER USERS PUBLISH VIA THE SERVICES, OR YOUR ACTIONS WITHIN THE FRAMEWORK OF THE SERVICES. BOEF THEREFORE OFFERS NO GUARANTEE AND ACCEPTS NO RESPONSIBILITY TO YOU WITH REGARD TO YOUR OWN ACTIONS AND/OR THE ACTIONS OF OTHER USERS OF THE SERVICES. LASTLY, BOEF MAY NOT BE HELD RESPONSIBLE FOR THE PRODUCTS OR SERVICES OF AN OUTSIDE COMPANY PURCHASED ON THROUGH THE SERVICES. BOEF DOES NOT OFFER ANY WARRANTIES, EXPRESS OR IMPLIED, CONCERNING SUCH PRODUCTS OR SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU WILL BEAR ALL COSTS AND ALL RISKS ASSOCIATED WITH THE USE OF THE SERVICES. IN ADDITION, YOU WILL BEAR THE WHOLE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION REQUIRED. YOU WILL BEAR ALL RISKS ASSOCIATED WITH TIME AND EFFORT LOST, LOSS OF DATA (PARTICULARLY ANY GAME DATA), ERRORS OR LOSS OF COMMERCIAL OR OTHER INFORMATION RESULTING FROM THE USE OF THE SERVICES AND GAMES.
YOU WILL BEAR SOLE RESPONSIBILITY FOR ANY DAMAGE CAUSED TO BOEF, ITS PARTNERS, OTHER USERS OF THE GAMES AND SERVICES OR ANY OTHER INDIVIDUAL OR LEGAL ENTITY AS A RESULT OF YOUR USE OF ALL OR PART OF THE SERVICES AND/OR GAMES IN VIOLATION OF THE LAW OR OF YOUR OBLIGATIONS AS STIPULATED IN THESE TERMS.
BOEF MAY IN NO CASE BE HELD LIABLE FOR PAYMENT TO YOU OF ANY SUM OR ANY DAMAGES AS A RESULT OF YOUR BEING UNABLE TO USE ALL OR PART OF THE SERVICES. IN NO CASE MAY BOEF BE HELD RESPONSIBLE FOR ANY DIRECT, INDIRECT, ACCIDENTAL, INCIDENTAL OR OTHER DAMAGES RESULTING FROM THE USE OR IMPOSSIBILITY OF USING THE SERVICES AND GAMES, EVEN IF BOEF HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) FOR ANY INCORRECT OR INACCURATE INFORMATION, (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (V) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WEILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES, OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BOEF AND YOU. THE INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
IN THE EVENT OF A BREACH OF YOUR LEGAL OR CONTRACTUAL OBLIGATIONS, BOEF RESERVES THE RIGHT (i) TO DELETE YOUR ACCOUNT AND TERMINATE YOUR LICENSE FOR USE OF THE GAMES AND SERVICES AND (ii) TO TAKE LEGAL ACTION ON GROUNDS OF CIVIL OR CRIMINAL RESPONSIBILITY IN ORDER TO HALT THE VIOLATION AND OBTAIN COMPENSATION FOR ITS LOSSES. IN PARTICULAR, WITHOUT LIMITATION, BOEF RESERVES THE RIGHT TO PROSECUTE ANY USER WHO WAS DELIBERATELY DAMAGED OR ATTEMPTED TO DAMAGE THE SERVICES OR DISRUPTED THE LEGITIMATE FUNCTIONING OF THE SERVICES OR PROVIDED ASSISTANCE FOR SO DOING.
BOEF RESERVES THE RIGHT TO TERMINATE ALL OR PART OF THE AVAILABLE SERVICES AT ANY TIME, WITHOUT PRIOR NOTICE.
YOU ACKNOWLEDGE AND ACCEPT THAT, WITHIN THE LIMITS AUTHORIZED BY LAW, IN THE EVENT OF A DISPUTE WITH BOEF OR ITS LICENSORS YOU MAY (i) CEASE TO USE THE SERVICES AND TERMINATE YOUR ACCOUNT AND, (ii) IF APPLICABLE, TAKE LEGAL ACTION TO OBTAIN COMPENSATION FOR YOUR LOSSES. THE LIABILITY OF BOEF, INCLUDING ITS LICENSORS AND AFFILIATED COMPANIES AND THEIR RESPECTIVE EMPLOYEES, MANAGERS OR DIRECTORS (COLLECTIVELY REFERRED TO AS THE “AFFILIATES”) TO YOU MAY NOT EXCEED THE PRICE YOU HAVE PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE OCCURRENCE OF THE DISPUTE.
REGARDLESS OF THE ABOVE, THE PROVISIONS OF THIS ARTICLE 12 IN NO CASE LIMIT BOEF’S LIABILITY TO YOU IN THE EVENT OF FRAUDULENT STATEMENTS OR DEATH OR PHYSICAL INJURY RESULTING FROM BOEF’S NEGLIGENCE. IN ADDITION, THE RESTRICTIONS, EXCLUSIONS AND NON-LIABILITY CLAUSES OF THIS ARTICLE AND OF THE OTHER STIPULATIONS OF THESE TERMS APPLY WITHIN THE LIMITS OF APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
If BOEF asks you to do so, you undertake to defend and guarantee BOEF and its Affiliates (as defined above), its subcontractors and its content suppliers against all liabilities, claims and damages and all costs, including lawyers’ fees, following and/or resulting from a violation of these Terms for which you are responsible, or related to your transmission of UGC on the Services or via the Services, your breach of these Terms, your infringement, or violation of any rights of another, the termination of your account, or more generally, your use of the Services or behavior on the Services or any activity by your account by you or any other person. Without limiting the generality of the foregoing, you undertake to cover BOEF and hold it harmless in the event of inappropriate or illegal use of your Account, including in the event of illegal or inappropriate use by someone you have authorized to use your Account. You agree to be held personally responsible for your use of the Services and for all your communications and activities on the Services
BOEF reserves the right to take sole responsibility, at its own expense, for conducting the defense in and controlling any other cases for which you are normally obliged to guarantee it. If it does so, you will no longer have any obligation to provide a guarantee to BOEF concerning the case in question. The provisions of this Article remain valid and in force after termination of these Terms or of your Account.
These Terms are effective unless and until terminated by either you or BOEF. These Terms may be terminated or suspended at any time, without notice, and accordingly deny you access to the Services, for any reason. Upon any termination of the Terms, you must promptly uninstall any mobile applications and destroy all materials downloaded or otherwise obtained from the Services, as well as all copies of such materials downloaded or otherwise obtained from the Services, as well as all copies of such materials, whether made under the Terms or otherwise. Additionally, upon termination, all achievements, virtual items, and/or virtual currency that you have acquired may, in our sole discretion, be terminated and forfeited. You have no property rights in any achievements, virtual items and/or virtual currency. Any fees paid hereunder are non-refundable.
Termination of Your Account or Access to the Services at BOEF’s initiative
BOEF may suspend or close your Account and/or your ability to use one or more Services or part of the Services, at any time, automatically and without any judicial formality for the following reasons:
- you claim to be any other person or entity or present your identity inaccurately;
- you do not comply with these Terms or any special condition relating to a particular Service or Services;
- you are in breach of your legal or contractual obligations;
- you infringe a third party’s copyrights;
- you behave unsuitably or reprehensibly on the Services, including, without limitation, on the Forums;
- your Account has been inactive for more than six months and you do not have access to pay functions; and
- or for any other reason.
If you have more than one Account, BOEF reserves the right to delete all the Accounts you have opened.
Termination of the Account and/or a subscription on your initiative
You may terminate your Account or a subscription to a particular Service or Services at any time, automatically and without any judicial formality, by contacting BOEF’s customer service department.
If you do not accept these Terms, you may not use the Services and you must send BOEF a request to terminate your Account and/or the corresponding subscriptions.
Note that there will be no total or partial refund for the sums already paid for the current subscription period if you decide to end your subscription.
BOEF reserves the right to recover the costs, supplements and charges incurred before the cancellation of your Account or of a subscription to a particular Service or Services. In addition, it is up to you to pay all sums owed to other sellers of suppliers of Contents before the termination of your Account. All arrears or unpaid costs and other unresolved problems with the Services must be settled before any opening of a new Account.
Subject to compliance with the termination procedure indicated above, the termination of your Account and/or your subscription will come into force within a reasonable period of time after receipt of your letter by BOEF’s customer service department.
Consequences of Termination of the Account
In the event of termination or suspension of your Account, you will lose, and BOEF may delete, your profile and the related information you have passed on to BOEF, together with any UGC you may have published, uploaded or made available on the Services, notably, without limitation, your User names and avatars. However, BOEF reserves the right to store your profile and any of the aforementioned Content on its servers for a reasonable period of time.
In the event of termination of your Account, you must immediately cease all use of the Services and destroy any related documentation on any medium. You also must promptly uninstall any Applications.
In the event of termination of your Account, you will not be able to participate in the Service(s) again without BOEF’s express permission. To benefit from the Services again, contact BOEF support.
15. UPDATING OF SERVICES AND TERMS
Modification of Terms
BOEF reserves the right to change, modify, add or delete the clauses of these Terms and other notices contained on the BOEF Services, at any time, temporarily or permanently and entirely at its own discretion.
BOEF will inform you of any change, modification, addition or deletion to these Terms by posting, on the website of the Services concerned by these Terms, a notification informing the user of the occurrence of the change, modification, addition or deletion. Any change, modification, addition or deletion will come into force five (5) working days after the publication of said notification. If you do not agree to the changes made to these Terms, you may close your Account in accordance with Article 16
You therefore undertake to check any modifications regularly and to comply with them fully. Any use of the Services subsequent to updates and/or modifications implies acceptance of the Terms thus updated and modified.
Modification of Prices of Services
BOEF reserves the right to modify the prices of the Services indicated on the websites of the Services concerned, on the understanding that the new price is applied only to orders placed after the new price has come into effect.
During your period of subscription, BOEF reserves the right, entirely at its own discretion, to modify the price of subscriptions to its games and Services. In this case, BOEF will indicate these modifications on the websites of the Services concerned at least two (2) weeks before the modification of the prices. These new prices will come into effect only when your subscription is renewed.
Modification of Access to Services and Content
BOEF may modify the Content for any reason or without any specific reason, at any time, particularly for reasons linked to technical changes. In particular, BOEF may deem it necessary to carry out updates, maintenance operations and/or resets to improve and/or optimize the games and Services. Such updates, maintenance operations and/or resets are liable to affect the games, the Services and/or your acquired rights or any other related element, or to result in setbacks for you in the game environment. The products updated or modified in accordance with this Article are subject to the guarantees indicated above. Lastly, BOEF reserves the right to (a) restrict access to all or part of the Services for any User and/or (b) delete all or part of the Services, entirely at its own discretion.
During your period of subscription to certain Services, BOEF reserves the right, entirely at its own discretion, to make supplementary content available to all subscribers in the form of updates. However, your subscription does not give you any entitlement concerning extensions which are distributed and/or sold separately from the original version.
17. VIRTUAL CURRENCY AND VIRTUAL ITEMS
During your use of the Services, you may accumulate virtual currency (“Virtual Currency”) and other virtual items, services and goods (such virtual items, services and goods, collectively, (“Virtual Items”), which constitute limited license rights to use a feature of the Services when, as, and if allowed by the Services. Virtual Currency is the fictional currency used in the Services and it may be used to purchase Virtual Items. Fees may be charged for the right to use Virtual Items, or Virtual Items may be distributed without charge, in BOEF’s sole discretion. Regardless of terminology used, Virtual Currency and Virtual Items represent limited license rights governed solely under these Terms, have no real value, and are not transferable or redeemable for any sum of money or monetary value from BOEF at any time. You agree that you have no right, title or property interest into any content that appears in the Services, including without limitation, Virtual Currency and Virtual Items, whether earned through use of the Services or purchased from BOEF, or any other attributes associated with any account or stored on the Services. You agree that BOEF has the absolute right to reduce, manage, regulate, control, modify and/or eliminate Virtual Currency or Virtual Items as it sees fit in its sole discretion, and that BOEF will have no liability to you based on its exercise of such rights. All Virtual Currency and Virtual Items (including without limitation, achievements, avatars, chat bubbles, pranks) may, in our sole discretion, be terminated and forfeited, and may have an expiration date.
BOEF prohibits and does not recognize any purported transfers of Virtual Currency or Virtual Items effectuated outside the Services, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Services. Accordingly, you may not trade, sell or attempt to sell Virtual Currency or Virtual Items for “real” money, or exchange Virtual Currency or Virtual Items for value of any kind outside of a game. Any such transfer or attempted transfer is prohibited and void, and will subject your account to termination. Similarly, Virtual Currency cannot be used to gamble with other users, except if a feature to gamble with other users is expressly included by BOEF in the Game. BOEF may halt, suspend, discontinue, or reverse any Virtual Currency or Virtual Items transaction (whether proposed, pending or past) in cases of actual or suspected fraud, violations of these Terms or other laws or regulations, or deliberate disruptions to or interference with the Services, such as creating multiple secondary accounts strictly to accumulate Virtual Currency or Virtual Items by using Service features and then funneling it to a singular account.
In the Services you may purchase Virtual Currency or Virtual Items with “real” money, for example, through BOEF or third party services, including but not limited to, payment processors hired by BOEF, a third party online marketplace, your wireless carrier, your credit card company, etc. You can order Virtual Currency or Virtual Items by visiting the purchase page in the Services, providing your billing information, and confirming the details of your purchase. When you place an order to purchase Virtual Currency or Virtual Items from our Services, BOEF or the relevant third party service may send you a confirmatory communication (via email, push notification, text message or otherwise) that will contain details of the items you have ordered. Please check that the details in the confirmatory communication are correct as soon as possible and maintain a copy of it for your records. BOEF keeps records of transactions in order to deal with any subsequent queries.
For Virtual Currency or Virtual Items, your order will represent an offer to us (directly or through a third party payment processor) to purchase the relevant product(s), which will be accepted by us when we make the Virtual Currency or Virtual Items available in your account for you to use in the Services, or debit your payment account (e.g., your third party online marketplace account, your wireless carrier account, your credit card, etc.), whichever comes first. Virtual Currency and Virtual Items are valid only for the game for which they are purchased, as further explained in the terms of sale (the “Terms of Sale”) accessible on the Service homepage.
The provision of Virtual Currency or Virtual Items for use in the Services is a service provided by us that commences immediately upon acceptance by us of your purchase. By ordering Virtual Currency or Virtual Items you agree and accept that we will provide them to you immediately following completion of your purchase.
You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. We may revise the pricing for Virtual Currency or Virtual Items, or any other items offered through the Services, at any time. YOU ACKNOWLEDGE THAT BOEF IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL CURRENCY OR VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
18. HEALTH OF VIDEO GAME USERS
BOEF advises you to take the following precautions in all cases when using a game. Avoid playing if you are tired and/or short of sleep. Make sure that you play in a well lit room and moderate the brightness of your screen. When you play a game requiring connection to a screen, play at a good distance from the screen and as far away as the connection lead allows. While using the game, take breaks of ten (10) to fifteen (15) minutes every hour.
These Terms can be accessed at any time at Service’s website.
Boef is a registered trademark of Stefan Gaasbeek Holding B.V. in the Benelux under registration number 1398867.
Last modification: 02/03/2020