Important: Please read this agreement carefully before continuing to use this game software or website.
Section 22 of this Terms of Use contains a binding arbitration clause and class action waiver. If you live in the United States, this Section affects your rights about how to resolve disputes that you may have with us.
Please read it carefully.
This Terms of Use (the “Agreement”) applies to the video game software and related websites (together, the “Service”), provided by Bontemps Games, LLC (“Bontemps Games”).
Sony Platform Users: Even though you may have purchased or licensed the Service through Sony Interactive Entertainment LLC or any of its current or former affiliates, including parents and subsidiaries, and any predecessor or successor entity to any of the foregoing (any of these, an “SIE Group Company”), no SIE Group Company is a party to this Agreement and no SIE Group Company has any obligations to you in connection with the Service.
Sony Interactive Entertainment America – Special Notice: Purchase and use of items are subject to the Network Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Interactive Entertainment America.
By continuing to use the Service, you agree as follows:
If you do not agree with the terms and conditions in this Agreement, please discontinue all further use of the Service.
Bontemps Games grants you a single, non-exclusive, non-transferable and limited personal license to access and use the Service. For Sony platform users, this license is limited for use only on a PlayStation platform that you own or control, or other such system that the Service is delivered to by the PlayStation Network. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Service and, if you sell or otherwise transfer a device on which any part of the Service is installed to a third party, you must remove the Service from such device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Service).
Apple Users: For users who accessed the Service through the Apple App Store, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, the above license is limited to usage on any Apple-branded products that you own or control, and only as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions located at https://www.apple.com/legal/internet-services/itunes/us/terms.html. However, the Service may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
Sony Platform users: The foregoing limited license to use the Service only applies to a System that you either own or control, or other such system to which the Service is delivered by PSN.
You understand that you may receive business-related communications from Bontemps Games through the Service or through email, such as product and other announcements, and administrative notices. You agree that these communications are not “unsolicited commercial email advertisements” and you agree to receive them.
Marketing-related email messages will be accompanied by instructions for opting out.
Even though you may have purchased or licensed the Service through a third-party platform, such as Valve’s Steam platform, the Sony PlayStation Store, Microsoft’s Xbox platform, the Apple App Store, the Google Play Store, and others (each, a “Third-Party Platform”), none of the Third-Party Platforms or their owners are a party to this Agreement and they have no obligations to you in connection with the Service. Each Third-Party Platform may have their own separate terms that you must agree to in order to access and use the Service. Additionally, nothing in this Agreement purports to govern or change, in any way, your relationship with any of the Third-Party Platforms under the applicable Third-Party Platform agreements with you, including the any Terms of Use, EULA, or any other agreement under which a Third-Party Platform grants users the right to install and use any game.
Virtual goods, downloadable content, and virtual “tokens” or currency (collectively, “Virtual Items”) may be offered for purchase or otherwise earned through the Service. Your election to make a purchase with real currency will be an offer to Bontemps Games to purchase at the prices and on the terms set forth on the Service.
You agree that you have no right or title in or to any Virtual Items. Bontemps Games does not recognize any purported transfers of Virtual Items outside of the Service, or the purported sale, gift, or trade in the “real world” of anything that appears or originates in the Service. You may not sell Virtual Items for “real” money, or exchange those Virtual Items for value outside of the Service. To be clear, Virtual Items have no real-world value and are licensed, not owned.
Unless required by law or otherwise specified on the Service or by the Third-Party Platform you access the Service through, all sales of Virtual Items are final when the transaction has been processed and no refunds will be given.
Bontemps Games may, in its sole discretion, provide you with customer and technical support services related to the Service (“Support Services”). Bontemps Games is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will be a default of Bontemps Games under this Agreement. Any supplemental software code provided to you as part of the Support Services will be treated as part of the Service, and as between you and Bontemps Games will be and remain the sole property of Bontemps Games and will be subject to the terms and conditions of this Agreement.
Bontemps Games customer support may be reached by contacting us at contact@bontemps.games. None of the Third-Party Platforms or their owners have any obligation whatsoever, under any circumstances, to provide Support Services with respect to the Service. You agree that you will look solely to Bontemps Games in connection with Support Services.
Bontemps Games reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with or without notice at any time. You agree that Bontemps Games will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
Bontemps Games reserves the right to monitor use of the Service to determine compliance with this Agreement, as well as the right to edit, refuse to post, or remove any Content, information, or materials, in whole or in part, at our sole discretion. We reserve the right to refuse access to the Service to anyone, or terminate any Account, for any reason, at any time.
Bontemps Games may monitor your Content and other communications to evaluate the quality of service you receive, your compliance with the Agreement, the security of the Service, or for other reasons. You agree that such monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Bontemps Games or its affiliates or agents monitor your Content and other communications and enforces or fails to enforce the terms of the Agreement. In no event will Bontemps Games or any of its affiliates or agents be liable for any costs, damages, expenses, or any other liabilities incurred by you as a result of monitoring activities by Bontemps Games or its affiliates or agents.
Electronic communications using the Service may not always be encrypted. You acknowledge that there is a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and Bontemps Games or between you and other parties. Additionally, your communications and Content on the Service may be publicly available to other parties.
Bontemps Games and its affiliates and agents are permitted, but not obligated, to review or retain your Content and other communications.
The Service may contain links to other sites and software applications, including through display advertisements (the “Linked Services”). Bontemps Games does not control the Linked Services, and Bontemps Games and its affiliates and agents make no representations whatsoever concerning the content, accuracy, security or privacy of those Linked Services. The fact that Bontemps Games has provided a link to an external location is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Services, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and Bontemps Games cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Bontemps Games or its affiliates or agents liable for any loss or damage caused by use of or reliance on any content, goods, or services available on Linked Services.
The Service may contain links to other sites and software applications, including through display advertisements (the “Linked Services”). Bontemps Games does not control the Linked Services, and Bontemps Games and its affiliates and agents make no representations whatsoever concerning the content, accuracy, security or privacy of those Linked Services. The fact that Bontemps Games has provided a link to an external location is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Services, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and Bontemps Games cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Bontemps Games or its affiliates or agents liable for any loss or damage caused by use of or reliance on any content, goods, or services available on Linked Services.
The Service is owned by Bontemps Games and is protected by United States copyright laws and international treaty provisions. All Service content, trademarks, services marks, trade names, logos, and icons are proprietary to Bontemps Games or are used under license from a third party. Nothing contained in the Service should be seen as granting any license or right to use any trademark displayed in the Service without the written permission of Bontemps Games or such third party that may own the trademarks displayed in the Service. Your use of the trademarks displayed in the Service, or any other content in the Service, except as provided in this Agreement, is strictly prohibited.
Intellectual property displayed through the Service is either the property of, or used with permission by, Bontemps Games. You are prohibited from using or authorizing the use of this intellectual property unless specifically permitted under the Agreement. Any unauthorized use of this intellectual property may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.
Apple Users: In the event of any third-party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, Bontemps Games, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
If you are a copyright owner or their agent, and believe that any content on the Service infringes on your copyrights, you may submit a DMCA notification in writing to our Copyright Agent with the following information described below. When we receive a notice alleging copyright infringement, we will take whatever action we deem appropriate, within our sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.
Our Copyright Agent may be reached by email at: contact@bontemps.games
Repeat Infringer Policy: Any user of the Service that repeatedly infringes third party copyright or other intellectual property rights will have their Account suspended or terminated.
Your use of the Service is entirely at your own risk.
The Service is provided by Bontemps Games on an as-is basis. Bontemps Games 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 purpose and non-infringement.
Bontemps Games makes no warranty that (i) the Service will meet your requirements, (ii) that operation of the Service will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the Service will be accurate or reliable.
No advice or information, whether oral or written, obtained by you from Bontemps Games, or through the Service creates any warranty regarding the Service not expressly stated in this Agreement.To the maximum extent permitted by applicable law, no Third-Party Platform is a party to this Agreement or your purchase or license of the Service. None of the Third-Party Platforms make any warranties, or assume any warranty or other obligations with respect to: (i) the Service, or (ii) any claims, losses, liabilities, damages, costs, or expenses attributable to the Service, including any warranties arising from claims of infringement of intellectual property or personal rights, products liability, or failure of the Service to perform, execute, or conform to any standard.Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
Apple Users: In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Service to you. Additionally, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, if any, will be Bontemps Games’ sole responsibility.
Sony Platform Users: Additionally, to the maximum extent permitted by applicable law, no SIE Group Company is a party to this Agreement. None of the SIE Group Company entities make, have made, and do not make any warranties, or assume any warranty obligation or other obligations whatsoever with respect to: (i) the Service; or (ii) any claims, losses, liabilities, damages, costs, or expenses attributable to the Service, including any warranties arising from claims of infringement of intellectual property or personal rights, products liability, or failure of the Service to perform, execute, or conform to any standard.
You expressly understand and agree that neither Bontemps Games nor any Third-Party Platform is liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goods, goodwill, use, data, or other intangible losses (even if Bontemps Games or the Third-Party Platform has been advised of the possibility of such damages), resulting from the use or the inability to use the Service or any other matter relating to the Service.
You hereby expressly and irrevocably waive, and agree never to assert any claims against any Third-Party Platform that you may have under any theory of law or equity anywhere in the world, in connection with rights licensed under this Agreement, your possession or use of the Service, or the content of the Service. Any claims arising out of the Service are subject to the limitations set forth in this Agreement and may be brought only against Bontemps Games, as described in Sections 21 and 22 below.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Bontemps Games and its affiliates will be limited to the fullest extent permitted by law.
Apple Users: Both you and Bontemps Games acknowledge that Bontemps Games, not Apple, are responsible for addressing any user claims User or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Service’s use of the HealthKit and HomeKit frameworks.
Sony Platform Users: Neither Bontemps Games nor any SIE Group Company have any liability with respect to the content of the Service or any part thereof, including errors or omissions contained in the Service, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information. The limitation of liability set forth herein may not be enforceable in certain jurisdictions, or under certain circumstances, as a matter of local law, and is not intended to replace or supersede local law.
You hereby expressly and irrevocably waive, and agree never to assert against any SIE Group Company any claims you may have under any theory of law or equity anywhere in the world in connection with rights licensed under this Agreement, your possession or use of the Service, or the content of the Service. Any claims arising out of the Service are subject to the limitations set forth in this Agreement (all of which are material terms of this Agreement) and may be brought only against Bontemps Games. Any dispute will be subject to our Terms of Use, including limitations on damages, resolution of disputes, and application of the laws of the United States, and the State of New York.
You agree to indemnify and hold Bontemps Games and its affiliates, officers, agents, and employees harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person or entity arising out of your violation of this Agreement, state or federal laws or regulations, or any other person’s rights, including infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances will Bontemps Games or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the Service, including any liability based on Bontemps Games’ negligent acts.
Certain personal and other information that we collect, process, and share is subject to our Privacy Policy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed from time to time. Our Privacy Policy, which is incorporated here by reference, is located at https://www.bontemps.games/privacy-policy. You agree that your use of the Service is subject to the Privacy Policy.
Bontemps Games reserves the right to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process, or governmental request. Bontemps Games reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Bontemps Games to disclose the identity of any user believed to be in violation of this Agreement.
By accepting this Agreement, you waive all rights and agree to hold Bontemps Games harmless from any claims resulting from any action taken by Bontemps Games during or because of its investigations or from any actions taken as a consequence of investigations by either Bontemps Games or law enforcement authorities.
By using the Service, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You acknowledge and agree that the Third-Party Platforms are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, any of the foregoing third parties will have the right (and will be deemed to have accepted the right) to enforce this Agreement as a third-party beneficiary.
The Agreement, and all future agreements you enter into with Bontemps Games, unless otherwise indicated on such other agreement, will be governed by the laws of the State of New York. This is the case regardless of whether you reside or transact business with Bontemps Games, or any of its affiliates or agents, in the State of New York or elsewhere. Unless a dispute would be governed by the terms of Section 22 below, you agree to submit to the personal and exclusive jurisdiction of the courts located within the city of New York, New York, USA.
For EU users only: In the event of a dispute relating to the interpretation, performance, or validity of this Agreement, an amicable solution can be sought before any legal action. You can file your complaint with Bontemps Games by sending a message via email to contact@bontemps.games. In case of failure, you can, within one year of the failed request, have recourse to an Alternative Dispute Resolution procedure by filing an online complaint on the European Commission’s Online Dispute Resolution website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. If out-of-court dispute resolutions fail, the dispute may be brought before the competent courts.
Any dispute or claim relating in any way to your use of the Service (each, a “Claim”) will be resolved by binding arbitration, rather than in court (except that you may assert claims in small-claims court if your claims qualify). You agree that each Claim must be brought individually.
YOU AND BONTEMPS GAMES AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION MAY BE JOINED WITH ANY OTHER ARBITRATION.
The Federal Arbitration Act and federal arbitration law apply to this Agreement and this binding arbitration clause.
Arbitration is a process with no judge or jury – an arbitrator will review the arguments in the dispute and award damages and other relief just like a court would. The arbitrator must follow this Agreement as a court otherwise would. Court review of the arbitration award is limited under the Federal Arbitration Act.
To start an arbitration, you must send an email to contact@bontemps.games describing your Claim and requesting arbitration, or we may do the same by sending a written notice requesting arbitration to your address. The proceedings will be conducted through JAMS, using their Streamlined Arbitration Rules and Procedures. You can view these rules at jamsadr.com or by calling 800-352-5267. The payment of the initial filing fees will be made by the party filing the Claim, and any other filing and other fees will be apportioned as directed by the JAMS rules. The arbitration will take place in New York, New York, USA, unless the Parties agree to video, phone, or internet connection appearances.
Except as otherwise set forth below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Bontemps Games will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given (including any attorneys’ fees and costs awarded), and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based.
Notwithstanding the terms of this Section, either of us may bring a lawsuit in court for equitable relief, for any misuse or infringement of intellectual property rights, or for any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use of the Service.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND BONTEMPS GAMES WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
You and Bontemps Games agree that if any portion this Section is found illegal or unenforceable, that portion will be severed and the remainder of the Section will be given full force and effect.
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