Bush League Games, LLC
End User License Agreement
Last Modified: July 8, 2019
- 1. License Grant
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 (as defined in the Terms of Service), or any portion thereof, by downloading or using the Website or aspects thereof. This EULA permits you to use the Website on a compatible device that you own or control and solely for your own entertainment use. Any rights in and to the Website not expressly granted to you herein are hereby reserved by Bush League.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 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-Generated Content (defined below) 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, disassemble, derive the source code of, or create derivative works of the Website or the Game, or any portion thereof, 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 distribute or make the Website or Game available to others, for example, over a network;
In connection with any commercial purposes; 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.
- 2. 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, virtual currency, digital items (defined below), 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. Though you are not permitted to create derivative works of the Website or Game, or any portions thereof, in the event that you do, you hereby irrevocably assign any right, title, and interest in and to such derivative work(s) to Bush League.
Any content that you produce on or through the Website or Game, for example, text or images through a chat feature, images or videos of game play, derivative works of the Website or Game or portions thereof, or the like (collectively, “User-Generated Content”), you hereby irrevocably assign any right, title, and interest in and to such User-Generated Content to Bush League. To extent that you are unable to assign such User-Generated Content, or any portion thereof, to Bush League, you hereby grant Bush League a perpetual, exclusive, irrevocable, sub-licensable, assignable, royalty-free right to use, store, copy, reproduce, edit, modify, publicly display, publicly perform, distribute, sell, and create derivative works from such User-Generated Content, or any portion thereof, for any purpose, including commercial purposes, on any media, channel, platform, or the like. You acknowledge that are not entitled to any compensation whatsoever for the granting or assigning of any rights to Bush League, including those described above.
The rights you grant to Bush League in this section are provided on a through-to-the-audience basis. This means that the owners or operators of third-party services will have no separate liability to you or any other third-party for User-Generated Content provided to or used on such third-party services via the Website or Game.
- 3. Consent to Use of Data
- 4. Term and Termination
- 5. 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 INFORMATION AND CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY DOWNLOADING, USING, OR SUBMITTING USER INFORMATION AND CONTENT ON THE WEBSITE OR GAME, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED, OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THE TERMS HEREIN.ALL PURCHASES WITHIN THE WEBSITE AND GAME, INCLUDING, BUT NOT LIMITED TO, VIRTUAL CURRENCY AND 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 VIRTUAL CURRENCY OR DIGITAL ITEMS ASSOCIATED WITH YOUR USE OF THE WEBSITE OR THE GAME.
- 6. Indemnification. YOU SHALL INDEMNIFY, DEFEND, AND HOLD BUSH LEAGUE, ITS AFFILIATES, AND ANY OF THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (EACH, A “BUSH LEAGUE PARTY” AND 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.
- 7. 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).
- 8. U.S. Government Matters
The Website and Game are “Commercial Items”, as defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. The Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users only as Commercial Items and with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
You agree to comply with all applicable federal and foreign laws, regulations, and rules, and complete any required undertakings. You agree not to export, re-export, download, or use the Website or Game in or into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any U.S. restricted or prohibited country or on any U.S. restricted or prohibited list.
- 9. Choice of Law. This EULA, all matters arising from or relating to your use of the Website, and any and all claims arising out of your relationship with 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 this EULA.
- 10. 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. All provisions in this EULA regarding representations and warranties, indemnification, disclaimers, limitations on liability, and intellectual property ownership shall survive any termination of this EULA, along with any other provisions that by their nature would survive the termination of this EULA.
- 11. General Provisions. The failure by either party to exercise or enforce any rights or provisions of this EULA shall not constitute a waiver of such right or provision. This EULA, 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 supersede any and all prior agreements regarding the subject hereof. This EULA is binding upon and inures to the benefit of the respective successors and assigns of the parties. This EULA is solely for the benefit of the Bush League Parties and you, and shall not be construed for the benefit of any third party.