Bush League™ Games, LLC Terms of Service
Last Modified: April 30, 2018
Bush League™ Games, LLC (“Bush League™”, or “we”, “us”, or “our”, as applicable) provides www.bushleague.com and www.pivot2winit.com together with all subdomains and related websites, and together with related mobile device applications, the “the Website”) for your information and use. As used in these Terms of Service, “you” or “user” means both (a) the individual user of the Website, whether or not registered with the Website, and (b) if applicable, the company or other business or governmental entity specified by you upon registration (any such entity, your “Company”). You and your Company, if any, are jointly and severally liable for your obligations under these Terms of Service.
By using the Website or any related services, you agree to the following terms:
1. Amendment to Terms of Service. We reserve the right to amend these Terms of Service from time to time in our sole discretion, and will post and maintain the most recent version of these Terms of Service on the Website. We may not notify Website visitors of any such amendments by e-mail or other personal contact. You are responsible for reviewing these Terms of Service upon each visit to the Website. You can determine if the Terms of Service have been revised since your last visit by referring to the “Last Modified” date at the top of this document. By continuing to use the Website, you agree to abide by any amended Terms of Service.
2. Nature of Website. The Website comprises a digital game, which may be played online, including, but not limited to, software, digital currency, various images, characters, names, designs, logos, digital items earned or purchased with digital or real currency (e.g., U.S. dollars), and all intellectual property embodied therein (the “Game”). In addition, users may communicate with other users via the Website. We may, but are not obligated to, monitor, edit, refuse to post, or remove any communications via the Website, in our sole discretion. Nevertheless, we are not responsible for the content of any communications made by users via the Website.
3. Limited License for Use of Website. Bush League™ grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to use the Website. Your downloading of a Bush League™ application reflects only a license to use the application, and not a sale of the application to you; you receive no ownership interest of any sort in the Website or the Game by downloading or using the Website or aspects thereof. These Terms of Service permit you to use the Website solely for your own use, and not in connection with any service bureau, data scraping, or other commercial purposes.
(a) Intellectual Property Ownership. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, digital currency, digital items, characters, names, and the design, selection and arrangement thereof), any intellectual property embodied therein (collectively, “Website Content”), and the trademarks, service marks, logos, slogans, distinctive terms and names, and other brand features contained therein (“Marks”), are owned by or licensed to Bush League™, subject to copyright, trademark, patent, and other intellectual property rights, and are protected by United States and international copyright, trademark, patent, trade secret, and/or other intellectual property or proprietary rights laws. Other than nominative uses, you must not use the Marks without our prior written permission. Website Content is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Bush League™ or as expressly provided herein. Bush League™ reserves all rights not expressly granted in and to the Website, Website Content, and Marks.
(i) Trademarks. The trademarks, service marks, trade names, designs, symbols, and other designations and combinations of the preceding items, used to identify or distinguish Bush League™, its business, community, and/or products, including without limitation all logos, designs, character designs and names, and all product designs, names, and features (collectively, the “Trademarks”) displayed on the Website constitute the valuable intellectual property of Bush League™ and its licensors and, in certain instances, the registered and unregistered trademarks of Bush League™ and its licensors. You agree that you will not refer to or attribute any information to Bush League™ or its licensors in any public medium (e.g., press releases, websites) for advertising or promotional purposes, or for the purpose of informing or influencing any third party, and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Bush League or its licensors, except as expressly permitted by law.
(c) Chat Feature. Bush League™ may provide a chat feature through the Website or the Game, which allows users to communicate with one another by sending text or images (“User Content”) through the chat feature. You acknowledge and agree that you are solely responsible for any User Content you post, or any User Content posted through your account with the Website. Bush League is not responsible, nor shall be held liable, for any User Content whatsoever, and you represent that any User Content posted by you does not infringe the on rights of others. You acknowledge that by using the chat feature, you may be exposed to User Content you may find offensive, but you may choose to delete any User Content posted or received by you, or disengage in communication with any other user.
You agree that you have no privacy interest in any User Content posted or received by you, and you grant irrevocable permission that Bush League™ may access User Content at any time without prior notice to anyone. Bush League™ may, but is not obligated to, monitor User Content, and screen, modify, delete, move, remove, or otherwise manipulate any User Content, or limit, suspend, or terminate your ability to use the chat feature, at any time for any reason without prior notice to you, in its sole discretion. User Content does not represent the opinions or views of Bush League™, nor does Bush League™ endorse or otherwise encourage the dissemination of User Content to anyone within the Website or to the public.
4. Registering on the Website; Purchases; Refunds; Additional Information.
(b) Purchases. The Website offers certain items to players (e.g., upgraded, different, or additional play pieces, additional plays or moves, digital currency, or the like) in the Game (“Digital Items”). Players on the Website may obtain Digital Items by earning them for completing achievements in the Game, earning digital currency awarded for certain achievements in the Game and redeeming the digital currency for other Digital Items, or purchasing Digital Items with real currency (e.g., U.S. dollars). Your purchase may be subject to state or federal taxes as applicable, such as sales tax, which will be reflected in your invoice. In addition, all prices for Digital Items in real currency are listed in U.S. dollars. Therefore, you agree to pay any conversion fees charged by your bank, credit card company, or other party resulting from the conversion from a foreign currency to U.S. dollars. Bush League™ is not responsible for any taxes, conversion fees, or other costs associated with your purchase of Digital Items. Your purchase of Digital Items with real currency will be facilitated and completed by a third party (e.g., Apple, Google, or Amazon), and is governed by the terms of such a third party. Bush League™ is not a party to transactions for Digital Items.
You do not legally own your account or any Digital Items in the Website, whether earned or purchased. Bush League™ simply provides you with a limited license to use your account and Digital Items within the Website. Therefore, the Digital Items are subject to change, and Bush League™ may modify, limit, regulate, restrict, or remove the Digital Items, their prices, or your access to Digital Items, whether advertised, displayed, granted, earned, or purchased, at any time without prior notice. You may not transfer, trade, or use as currency the Digital Items to or with any other person. You agree that Digital Items have no value in real currency, and therefore, may not be exchanged for real currency, or any tangible items, from us or any other user of the Website. Thus, any purchases of Digital Items, with digital currency or real currency, are final and categorically nonrefundable. Any transaction with another person involving Digital Items will be considered void and will not be recognized by Bush League.
(c) Refunds. YOU AGREE AND ACKNOWLEDGE THAT BUSH LEAGUE™ IS NOT REQUIRED TO PROVIDE A REFUND IN ANY MANNER OR CURRENCY FOR ANY UNUSED, UNWANTED, ERASED, RESTRICTED, OR OTHERWISE UNAVAILABLE DIGITAL ITEMS FOR ANY REASON WHATSOEVER, EVEN IN THE CASE OF A RESTRICTED, SUSPENDED, OR TERMINATED ACCOUNT, WHETHER VOLUNTARY OR INVOLUNTARY ON THE PART OF THE USER.
5. User Representations; Prohibited Uses. You represent and warrant that (a) your use of the Website is legal in, and does not violate any laws, rules or regulations of, the jurisdiction(s) in which you reside or from which you use or otherwise access the Website; (b) all the information you provide to us is correct, including but not limited to registration information; (c) you have the legal right and ability to enter into these Terms of Service and to use the Website in accordance with these Terms of Service; and (d) your use of the Website shall be in accordance with these Terms of Service and all applicable laws, rules, or regulations.
You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:
· In any way that violates any applicable federal, state, local, or international law or regulation;
· To send, knowingly receive, upload, download, use or re-use any material which violates these Terms of Service;
· To impersonate or attempt to impersonate Bush League™, a Bush League™ employee or authorized representative, another Website user or any other person or entity (including, without limitation, by using e-mail addresses or accounts associated with any of the foregoing);
· To transmit or post any User Content that is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, sexually explicit, pornographic, or profane, or violates the rights of others.
· To reverse engineer, copy, manipulate, alter, or disassemble the Website or the Game, or circumvent any aspect, or otherwise cheat, in the Website or Game;
· To sell or otherwise transfer Digital Items or your account to others; or
· To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Bush League™ or users of the Website or expose them to liability.
Additionally, you agree not to use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
6. Disclaimer of Warranty. YOU AGREE THAT USE OF THE WEBSITE AND THE SERVICES ON THE WEBSITE ARE ENTIRELY AT YOUR OWN RISK. ACCORDINGLY, THE WEBSITE AND SERVICES, INCLUDING ALL CONTENT AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE OR ITS FUNCTIONS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THE WEBSITE MAY NOT BE CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY DOWNLOADING, USING, OR SUBMITTING USER CONTENT ON THE WEBSITE OR GAME, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
ALL PURCHASES WITHIN THE WEBSITE AND GAME, INCLUDING, BUT NOT LIMITED TO, DIGITAL ITEMS, ARE FINAL AND NONREFUNDABLE. BUSH LEAGUE™ BEARS NO RESPONSIBILITY FOR ANY LOSS OF INCOME OR VALUE ASSOCIATED WITH ANY USE OR TRANSACTION ON THE WEBSITE OR THE GAME, AND BUSH LEAGUE™ IS NOT RESPONSIBLE FOR ANY INACCURACY IN THE ALLOCATION, REDEMPTION, OR CONVERSION OF OR INVOLVING DIGITAL ITEMS ASSOCIATED WITH YOUR USE OF THE WEBSITE OR THE GAME.
7. Indemnification. YOU SHALL INDEMNIFY, DEFEND, AND HOLD BUSH LEAGUE™, ITS AFFILIATES, MEMBERS, OR ANY OF THEIR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, THE “BUSH LEAGUE™ PARTIES”) HARMLESS AND INDEMNIFY THEM FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, JUDGMENTS, AND FEES AND EXPENSES RELATED THERETO (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES), INCURRED BY ANY BUSH LEAGUE PARTY IN CONNECTION WITH ANY CLAIMS ARISING OUT OF, BASED UPON, OR RESULTING FROM ANY OF THE FOLLOWING: (A) ANY BREACH OR VIOLATION OF THESE TERMS OF SERVICE; (B) ANY USE OF THE WEBSITE; (C) A DISPUTE WITH ANOTHER USER; (D) ANY VIOLATION OF ANY APPLICABLE LAW OR REGULATION GOVERNING YOUR ACTIVITIES ON OR OFF OF THE WEBSITE; (E) ANY FALSE OR INACCURATE REPRESENTATION OF ANY NATURE MADE BY YOU; OR (F) THE VIOLATION OR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.
8. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO BUSH LEAGUE™ PARTY SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR SERVICES, WHETHER GENERATED BY THE WEBSITE, BY ANOTHER USER, OR BY UNAUTHORIZED ACCESS TO THE WEBSITE, OR ANY TRANSACTION OR INTERACTION BETWEEN YOU AND BUSH LEAGUE OR ANOTHER USER (INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS OR LOST SALES, BUSINESS INTERRUPTION, LOSS OF INFORMATION, DISRUPTIONS OR DELAYS ON THE WEBSITE, THIRD PARTY ACTIONS TAKEN THROUGH THE WEBSITE, ACTIONS TAKEN RELATED TO YOUR ACCOUNT, MALWARE OR COMPUTER VIRUSES OBTAINED BY USING THE WEBSITE, OR LINKS ON THE WEBSITE) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE OR ANY OTHER AGREEMENT BETWEEN YOU AND US, OUR CUMULATIVE LIABILITY TO YOU WILL AT ALL TIMES BE LIMITED TO $100.00 (ONE HUNDRED UNITED STATES DOLLARS).
9. Release of Claims. You hereby release the Bush League™ Parties from any claims or liabilities, known or unknown, arising from or relating to any transaction within the Website or Game including, but not limited to, Digital Items, and hereby waive any statutory or other exclusion or limitation that would limit this release of claims to those known or reasonably should be known at the time of this release. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE.
10. Termination and Suspension. We reserve the right to modify or discontinue operation of the Website or any portion thereof or services related thereto at any time, without notice to you. Such modifications may include, without limitation, changes in pricing for Digital Items, the number and availability of Digital Items, available content, required software or hardware for Website operation, or any other aspect of the Website or the Game therein. We reserve the right to refuse to provide services to anyone, in our sole discretion. We may immediately suspend or terminate your account when a payment dispute or credit card chargeback is initiated on a prior transaction. We reserve the right to reject your user registration by disabling your registered account on the Website, and we will notify the user of the decision to reject their registration. Even after acceptance, we may suspend, restrict, or terminate your account and ability to use the Website in our sole discretion, with or without cause and without prior notice to you. If we believe your actions may cause us or other users legal liability, harm, or loss, we reserve the right to notify other users of your actions. Should you object to any of these Terms of Service or any subsequent modifications thereto or become dissatisfied with the Website and related services in any way, your only recourse is to immediately: (i) discontinue use of the Website and any related services; and (ii) terminate your membership in the Website by providing us written notice of termination. We reserve the right to deem your account inactive and close it if there is no activity on your account for one year.
11. International Users. The Website is operated, administered, and controlled by Bush League™, LLC, a Nevada limited liability company in the United States. We make no representation that the Website is appropriate or available for use at other locations outside of the United States. You agree not to access the Website from any territories where any Website function or content is illegal. You may not use the Website or export the information found on or at the Website in violation of U.S. or other export laws and regulations. If you access the Website from a location outside of the U.S., you are responsible for compliance with all laws applicable to you.
12. Choice of Law. These Terms of Service, all matters arising from or relating to your use of the Website, and any and all claims arising out of your relationship with the Bush League™ Parties are governed by the laws of the State of Nevada, excluding its conflicts of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods, and the 1974 Convention on the Limitation Period in the International Sale of Goods, as amended, are specifically excluded from applicability to these Terms of Service.
13. Dispute Resolution; Attorney’s Fees. Please read this section carefully, as it affects your rights and will have substantial impact on how claims you and Bush League™ have against each other are resolved. You and Bush League™ agree that any claim or dispute at law or at equity that has arisen or may arise between you and Bush League™ relating in any way to or arising out of this or other agreements with Bush League™ or your use of or access to the Website will be resolved in accordance with the provisions set forth in this dispute resolution section.
(a) Arbitration. Bush League™ and you each agree that any and all disputes or claims that have arisen or may arise between you and Bush League™ relating in any way to or arising out of these Terms of Service, your use of or access to the Website, or any products or services offered, or purchased by you, through the Website shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of these Terms to arbitrate. The arbitration shall be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by these Terms; the arbitration shall be conducted in the city of Las Vegas, Nevada. The AAA rules are available at http://www.adr.org.
YOU AND BUSH LEAGUE™ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND BUSH LEAGUE™ AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. IF A COURT DECIDES THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY OF THIS PARAGRAPH’S LIMITATIONS AS TO A PARTICULAR CLAIM FOR RELIEF, THEN THAT CLAIM (AND ONLY THAT CLAIM) MUST BE SEVERED FROM THE ARBITRATION AND MAY BE BROUGHT IN COURT, SUBJECT TO YOUR AND BUSH LEAGUE’S RIGHT TO APPEAL THE COURT’S DECISION. ALL OTHER CLAIMS WILL BE ARBITRATED.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in these Terms. In the event the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Bush League™ for all fees associated with the arbitration. The arbitrator will render an award within the time frame specified in the AAA rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of Section 8 (Limitation of Liability) above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
(b) Jurisdiction and Forum. In the event that the arbitration provision above is found not to apply to your particular claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and Bush League™ must be resolved exclusively by a state or federal court located in Las Vegas, Nevada.
14. Communication; Notices. Except as expressly provided otherwise herein, any notices you send to us shall be given by means of our email address or by trackable mail to Bush League™ or, in the case of any notice we send to you, to the email address or street address listed in your account information. Notice shall be deemed given 24 hours after an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or, in the case of mailing, three days after the date of mailing.
15. Severability; Survival. If any part of these Terms of Service is declared unlawful, void, or for any reason unenforceable by any court in any jurisdiction, then such term will be deemed severable from the remaining terms in such jurisdiction and will not affect the validity and enforceability of such remaining terms. Headings are for reference purposes only and do not limit the scope or extent of such section. All provisions in these Terms of Service regarding representations and warranties, indemnification, disclaimers, and limitations on liability shall survive any termination of this Agreement.
16. DMCA. If you believe that content hosted on the Website infringes your copyright, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:
DMCA Designated Agent
c/o Bush League™ Games, LLC
3605 South Town Center Drive
Las Vegas, NV 89135
17. General Provisions. The failure by either party to exercise or enforce any rights or provisions of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service, including any other applicable terms and conditions or rules that govern your use of individual services, which are either incorporated herein by specific reference or posted on the Website from time to time, comprises the entire agreement between you and Bush League™ and supersedes any and all prior agreements regarding the subject hereof. These Terms of Service are binding upon and inures to the benefit of the respective successors and assigns of the parties. These Terms of Service are solely for the benefit of the Bush League™ Parties and you, and shall not be construed for the benefit of any third party.