Terms of Service

The terms of this agreement (“Terms of Service”) govern the relationship between you and JBentertainment and its affiliates (“JBentertainment”, “Us” or “We”) regarding your use of our games, websites and related services (“Services”). Use of our Services is also governed by our Privacy Policy, which is incorporated herein by reference. Before accessing or using our Services you must agree to these Terms of Service and to the Privacy Policy. By registering an account or otherwise submitting personal information to our Services you represent you are 13 years or older. If you are under the age of 18 years (or have not reached the age of majority if that is not 18 years old where you live), you represent that your legal guardian has reviewed and agreed to these Terms. If you are 18 years (or have reached the age of majority if that is not 18 years old where you live) or older you represent you have reviewed and agreed to these Terms. By installing, using or otherwise accessing our Services you agree to these Terms of Service. If you do not agree to these Terms of Service, please do not install, use or otherwise access our Services. JBentertainment reserves the right to change, modify, add or remove portions from these Terms of Service and our Privacy Policy at any time by posting the changes on our Websites before these become active. You deem to have accepted these changes by continued used of our Services. If at any point you do not agree to any portion of the then-current version of our Terms of Service, our Privacy Policy or other JBentertainment policy, rules or codes of conduct relating to your use of our Services, your license to use our Services shall immediately terminate, and you must immediately stop using our Services.

1. License

1.1 General License Restrictions

Subject to your agreement and continuing compliance with our Terms of Service and any other relevant JBentertainment policies, JBentertainment grants you a non-exclusive, non-transferable, non-sub licensable, revocable limited license subject to the limitations below to access and use our Services for your own, non-commercial entertainment purposes. You agree not to use our Services for any other purpose. The following restrictions apply to the use of our Services:

• You shall not create an account or otherwise provide personal information if you are under the age of 13. You shall restrict use by minors, and you will deny access to children under the age of 13 years old when our Service makes use of personal information. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal) by minors.
• You shall not sell, rent or give away your account, create an account using a false identity or information, or on behalf of someone other than yourself. You shall not use our Services or play our games if you have been removed or banned from of our Services in the past.
• You shall use your account for non-commercial purposes only. You shall not use our Services to advertise, ask for or share commercial advertisements or send chain letters, junk mail, spam or repetitive messages to anyone by email or in-service messages.

1.2 Login information and your account

During your account creation you will be required to provide a password to protect your account. You shall not share your account or password or let anyone else access your account or do something that might endanger the security of your account. If you come aware or reasonably suspect any breach of security, including without limitation any loss, theft or unauthorized disclosure of your password, you must immediately notify JBentertainment and modify your password. You are solely responsible for maintaining the confidentiality of your password and you will be responsible for all uses of your account, including purchases and any actions through your account, whether or not authorized by you. JBentertainment reserves the right to remove or reclaim any usernames at any time and for any reason, such as claims by third parties and sensitive names and words. Our Services support only one account per user per Service.

1.3 License limitations

Any action in or use of our Services in violation with these license limitations is strictly forbidden, and can result in the immediate revocation of your limited license and may subject you to liability for violations of the law. You agree that you will not, under any circumstance:

• Engage in any act that JBentertainment deems to be in conflict with the spirit or intent of our Services or make improper use of any of our support Services.
• Use cheats, exploits, automation software, bots, hack, mods or any other unauthorized third party software designed to modify or interfere with our Services. Nor will you modify any files that are part of our Services without written permission from JBentertainment.
• Disrupt or overburden any computer or server used to offer or support our Services or aid or assist in doing so.
• Perform or assist in any type of attack, including without limitation the distribution of a virus, denial of service attacks upon our Services or other attempts to disrupt our Services or any of our users.
• Attempt to gain unauthorized access to our Services, accounts registered by others or to the computers, our servers or networks connected to our Services by any means other than the user interface provided by JBentertainment, including but not limited to misleading or modifying, attempting to mislead or modify, or assist someone else to mislead or modify, any security, technology, device or software that is part of our Services.
• Post any information that is abusive, threatening, obscene, defamatory, or racially, sexually, religiously or otherwise objectionable or offensive.
• Post any information that contains nudity, excessive violence, or offer subject matter or that contains a link to such content.
• Attempt to, or harass, abuse or harm, or encourage someone else to harass, abuse or harm another person or group, including JBentertainment employees and customer support representatives.
• Share any material or information through our Services that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity. Nor impersonate another person, including but not limited to a JBentertainment employee or customer service representatives.
• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other property from Services by JBentertainment, or using any method to obtain information that is not expressly permitted by JBentertainment.
• Request or attempt to request personal information from other users of our Services, or collect or post anyone’s private information, including personally identifiable information, identification documents or financial information through.

JBentertainment reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or our Services. JBentertainment reserves the right to take action as a result, which may include termination of your account and prohibiting you from the use of our Services as a whole.

1.4 Suspension and termination of account and service

Without limiting any other remedies, JBentertainment may limit, suspend, terminate, modify or delete accounts or access to our Services if you are, or suspects that you are, failing to comply with our Terms of Service or any separate rules per Service, or for any actual or suspected illegal or improper use of our Services, with or without notice to you. You can lose your user name and persona as a result of account termination, limitation or deletion, as well as any benefits, privileges, earned items and purchased items associated to your account. JBentertainment is under no obligation to compensate you for any losses or results.

Without limiting any other remedies, JBentertainment may limit, suspend or terminate the Service and user accounts or portions thereof, prohibit access to our Services and Websites, and their content, services and tools, delay or remove hosted content, and take technical and legal steps to prevent user from accessing the Service if we believe that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of our Terms, Policies and rules. Additionally we may, in appropriate circumstances and at our sole discretion, suspend or terminate accounts of users who may be repeat infringers of third party intellectual property rights. JBentertainment reserves the right to terminate any account that has been inactive for 180 days.

JBentertainment reserves the right to stop offering and/or supporting any Service or part of a Service at any time, at which point your license to use the Service or part of the Service will be automatically terminated. In such event JBentertainment is not required to provide refunds, benefits or other compensations to users of the discontinued Service. Termination of your account can include disabling your access to the Service or any part, including any content you or other submitted.

You may terminate your account at any time and for any reason by following the steps in your account settings or otherwise provided guide for termination.

2. Ownership

2.1 Games and Service

All rights, title and interest in and to our Services, including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogues, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a JBentertainment game client, and game clients and servers, are owned by JBentertainment, or have been approved to be used by JBentertainment by the official owners. JBentertainment reserves all rights, including but not limited to intellectual property rights or other proprietary rights, in connection to our Services.

2.2 Virtual items

JBentertainment owns, has licensed or otherwise has rights to use all of the content that appears in our Services. You agree that you have no right or title to any content that appears in our Services, such as virtual goods or currency, whether earned in a game or purchased from JBentertainment.

2.3 User content

Any communications, images, sounds, and all the material, data and information you upload or transmit through our Services or uploaded or transmitted by others, without limitation any chat text is user content. By uploading or transmitting any user content through or to our Services you affirm that such uploads and transmissions are, accurate and not confident, not in violation with any laws, restrictions or other third party rights and that you have permission from any third party whose personal information or intellectual property is being uploaded or transmitted, free of viruses, adware spyware, malware, worms or other malicious code, and you acknowledge and agree that any of your personal information within the user content will at all times be processed by JBentertainment in accordance to our Privacy Policy. JBentertainment reserves the right in its discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any user content without notice for any reason or for no reason at any time.

3. User content

3.1 Content screening

JBentertainment assumes no responsibility for the conduct of any user submitting any user content, and assumes no responsibility for monitoring our Services for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all user content that gets submitted to our Services. Your use of our Services is at your own risk, by using our Services you may be exposed to user content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any user content available in our Services. At your discretion, JBentertainment employees and representatives and technologies, may monitor and/or record your interaction with our Services or communications, such as chat text and forums, when you are using our Services.

By using our Services and therefor agreeing to our Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any user content, including by not limited to chat text, forum posts and voice communications. JBentertainment can chose to monitor user content at any time at our discretion, JBentertainment nonetheless assumes no responsibility for user content and assumes no obligation to modify or remove any inappropriate user content. We have the right but not the obligation, in our discretion to edit or remove any user content.

3.2 Information use by other users

3.2.1 Public disclosure

Our Services may contain forums and chat features where you can post user content. JBentertainment cannot guarantee that other members will not use the ideas and information you share, therefore if you have ideas or information that you would like to keep confidential and/or do not want others to use, do not post it in our Services. JBentertainment has no responsibility to evaluate, use or compensate you for any ideas or information you may to submit, nor is JBentertainment responsible for people using your ideas and/or information that you submitted to your user content in our Services.

3.2.2 Responsible for your own content

You, and you alone, are responsible for the information that you post on, through or in connection with our Services and that you share with others. JBentertainment may reject or delete any user content for any or no reason, such as user content that violates with our Terms of Service.

3.3 License

You hereby grant JBentertainment an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice in any way, your user content as well as all modified and derivative works in, or in connection with, our Services, including marketing and promotions. You also hereby grant JBentertainment the right to authorize others to exercise any of the rights granted to JBentertainment under these Terms of Service. You further hereby grant JBentertainment the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any user content and in connection with any user content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or and moral rights you may have in your user content, regardless of whether your user content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your user content. JBentertainment has no obligation to monitor or enforce your intellectual property rights in or to your user content.

3.4 User interactions

You are solely responsible for your interactions with other users of our Services and any other third parties you interact with through our Services. JBentertainment reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with JBentertainment to investigate any suspected unlawful, fraudulent or improper activity, including without limitation granting JBentertainment access to any password-protected portions of your account. Please not that JBentertainment employees will never, and under any circumstance, ask for your password. If you have a dispute with one or more users, you release us and our officers, directors, agents, subsidiaries, joint ventures and employees, from claims, demands and damages, actual and consequential, of every kind and nature, known and unknown, arising out of or in way connected with such disputes.

4. Fees and purchase terms

4.1 Purchases

Some of our Services may contain in-game purchases with real world money, a limited, personal, non-transferable, non-sub licensable, revocable license to use, virtual currency, virtual in-game items and other goods or services. You are only allowed to purchases virtual items from us or our authorized partners through our Services, and not in any other way. JBentertainment may manage, regulate, control or eliminate virtual items and currency at any time, with or without notice. JBentertainment shall have no liability to you or any third party in the event that JBentertainment exercises any such rights.

The transfer of virtual items is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service you shall not sell, redeem or otherwise transfer virtual items to any other person or entity, including but not limited to JBentertainment, another user or any third party.

All purchases and redemptions of third party virtual currency made through the Service are final and non-refundable. The provision of virtual items for use in our Services is a service provided by JBentertainment that commences immediately upon acceptance by JBentertainment of your purchase.

4.2 Payment of fees

You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. JBentertainment may revise the pricing of goods and services offered in our Services at any time. You acknowledge that JBentertainment is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused virtual items when an account is closed, whether such closure was voluntary or involuntary.

5. Updates to the Service

You understand that our Services may continue to improve and extend over time. JBentertainment may require that you accept updates to our Services you have installed. You acknowledge and agree that we may update our Services with or without notifying you. You may need to update third party software from time to time in order to use our Services.

6. Disclaimer of warranties

Without limiting the liability under section 7 below of JBentertainment, the Services we provide are based on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. JBentertainment does not warrant that you will be able to access or use our Services at the times or locations of your choosing and that our Services will be uninterrupted or error-free, that defects will be corrected or that our Services are free of viruses or other harmful components.

7. Limitation of liability; Sole and exclusive remedy; Indemnification

JBentertainment shall not be liable to you for any indirect, incidental, consequential, special, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses, however such losses are qualified, arising out of or relating in any way to these Terms of Service or the Service itself, whether based on contract, tort or any other legal theory and whether or not JBentertainment has been advised of the possibility of such damages. JBentertainment shall not be liable to you for more than the amount you have paid to JBentertainment in accordance with these Terms of Service in the six (6) months immediately preceding the date on which your first assert a claim. You acknowledge and agree that if you have not paid anything to JBentertainment during such time period, your sole remedy, and the exclusive liability of JBentertainment, for any dispute with JBentertainment is to stop using the Service and cancel your account. Some jurisdictions do not allow the exclusion 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. To the extent that JBentertainment may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extend of the liability of JBentertainment shall be the minimum permitted under such applicable law. In particular, nothing in these Terms of Service shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of JBentertainment. You agree indemnify, defend and hold JBentertainment harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behaviour.

8. Dispute resolution and law

If a dispute arises between you and JBentertainment, we strongly encourage you to first contact us directly to seek a resolution by contacting www.JBentertainmentnetherlands.com. You agree that all disputes between you and JBentertainment shall be governed by the law of the Netherlands, without regard to conflict of law provisions. You agree that any claim or dispute you may have against JBentertainment must be resolved exclusively by a court in the Netherlands.

9. Severability

You and JBentertainment agree that if any portion of these Terms of Service or of the Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provisions shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

10. General provisions

10.1 Assignment

JBentertainment may assign or delegate these Terms of Service and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without prior written consent of JBentertainment, and any unauthorized assignment and delegation by you is ineffective.

10.2 Supplemental policies

JBentertainment may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

10.3 Entire agreement

These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein, including the Privacy Policy, contain the entire understanding of you and JBentertainment, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

10.4 No waiver

The failure of JBentertainment to require or enforce strict performance by you of any provisions of the Terms of Service or the Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by JBentertainment of any provision, condition or requirement in the Terms of Service or Privacy Policy shall not constitute a waiver of any future obligation to comply such provision, condition or requirement. Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waiver or other acts or omissions by JBentertainment shall be deemed a modification of the Terms of Service nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of JBentertainment.

10.5 Notices

We may notify you via postings on www.JBentertainmentnetherlands.com, via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under the Terms of Service or the Privacy Policy are signed by you and addressed to www.JBentertainmentnetherlands.com. Any notices you provide without compliance with this section on notices shall have no legal effect.

10.6 Equitable remedies

You acknowledge that the rights granted and obligations made under the Terms of Service to JBentertainment are of an unique and irreplaceable nature, the loss of which shall irreparably harm JBentertainment shall be entitled to injunctive or other equitable relief, without the obligations of posting any bond or surety or proof or damages, in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of our Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by section 7 (if any).

10.7 Force majeure

JBentertainment shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of JBentertainment, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond the control of JBentertainment, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortage of transportation facilities, fuel, energy, labour or materials.