BAD JUJU GAMES INC

WEBSITE TERMS OF USE

READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING THIS WEBSITE. IF YOU USE THIS WEBSITE, YOU AGREE TO EACH OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DISAGREE WITH THESE TERMS, PLEASE EXIT THE WEBSITE NOW.

Welcome to Bad Juju Games!

Please read these terms of use (“Terms”) carefully before using Bad Juju Games website (the “Site”). These Terms constitute a binding contract between you and Bad Juju Games, Inc. (“Bad Juju”). By visiting the Site or using our products and services (“Services”) in any manner, you agree that you have read and agree to be bound by and a party to the terms and conditions of these Terms to the exclusion of all other terms.

Bad Juju reserves the right at any time to modify or discontinue the Site, with or without notice. Bad Juju will not be liable to you or any third party for any modification, suspension, or discontinuation of the Site.

 

  1. Limited License. All information and materials on the Site are proprietary and copyrighted property of Bad Juju or its licensors. You are given a limited license to use the Site and any other use of the Site without Bad Juju’s consent is prohibited. You may not reproduce, duplicate, adapt, copy, sell, resell, transmit or otherwise exploit the Site or any portion of the Site, for any commercial purpose without the express written consent of Bad Juju. You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, flash movie, page layout, or form) of Bad Juju without the express written consent of Bad Juju. You may not use META tags or any other “hidden text” which utilize badjuju.com, badjujugames.com, Bad Juju Games or any other derivative of our domain, company name or registered trademarks without the express written consent of Bad Juju.
  2. Privacy Policy. We take your privacy seriously. For information about our data protection practices, please see our Privacy Policy at [LINK] and for information about our data protection regarding children under the ages of 13 and 18, please see our Children Privacy Policy here: [LINK]

  3. Goop.io Service:
    1. Registration. To use Goop.io Service, you must register for the Goop.io Service.

      To register for the Service, you must complete the registration process at [LINK] by providing Bad Juju with your current, complete and accurate information.

      You understand that you are solely responsible for maintaining the confidentiality of your password and that you shall be solely and fully responsible for all activities that occur under your username and password. Bad Juju shall not be responsible for any loss, claim or other liability that may arise from the unauthorized use of any password. You agree to immediately notify Bad Juju of any unauthorized use of your password or username or any other breach of security. If a password is lost or stolen, it is the user’s responsibility to change the password, and immediately notify Bad Juju, so that your account remains both secure and functional.

    2. Representations and Warranties. You represent and warrant to Bad Juju that: (i) you are the owner of the technology you designate in connection with the use of the Services or that you are legally authorized to act on behalf of the owner of such technology for the purposes of this Agreement; (ii) you have all necessary right and authority to enter into this Agreement and to perform the acts required of you hereunder and to permit Bad Juju to perform the Services contemplated under this Agreement; (iii) your use of the Services, the delivery and performance by you of the terms and conditions under this Agreement does not and will not conflict with or violate any agreement with a third party applicable to you or otherwise infringe upon the rights of any third party; (iv) you will at all times comply with all applicable Bad Juju policies.
    3. The Service is available only to individuals who are at least 18 years old and to companies that are appropriately licensed and otherwise legally permitted to conduct business. You represent and warrant that (a), if you are an individual, you are at least 18 years old, and (b) if you are a company, you are appropriately licensed and are legally permitted to conduct business.
  4. Proprietary Rights. You acknowledge and agree that Bad Juju or its licensors own all legal right, title and interest in and to the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Bad Juju and that you shall not disclose such information without Bad Juju’s prior written consent.
  5. Nothing in the Terms gives you a right to use any of Bad Juju’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features unless there is express written prior consent given by Bad Juju.
  6. Unlawful or Prohibited Use. You cannot use the Site or Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Site or Services in any manner that could damage or impair any Bad Juju server or interfere with any other party’s use of the Site or Services. You may not attempt to gain unauthorized access to the Site or Services by any means. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
  7. Disclaimer of Warranties and Limitation of Liability. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, BAD JUJU DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES OR THE SITE. THE SPECIFIC FUNCTIONS OF THE SERVICES OR THE SITE, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BAD JUJU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

    SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

    IT IS FURTHER UNDERSTOOD AND AGREED THAT BAD JUJU CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES MADE AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. IT IS YOUR RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT SAFEGUARDS AND PROCEDURES TO ENSURE THAT ANY FILES OBTAINED THROUGH THE SITE ARE FREE FROM SUCH CONTAMINATIONS.

    IN NO EVENT WILL BAD JUJU, ITS SUBSIDIARIES AND AFFILIATES, AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY UNDER ANY THEORY FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, ARISING OUT OF THIS AGREEMENT OR THE SERVICES, EVEN IF BAD JUJU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE BAD JUJU PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

  8. Indemnification. You agree to indemnify Bad Juju, its subsidiaries and affiliates, and their respective directors, officers, employees and agents, from and against any and all losses, liabilities, claims, damages, injuries, suits, investigations, and expenses (including reasonable attorneys’ fees), (collectively “Losses”), based on or arising out of your use of the Site, any violation of these Terms, your violation of the rights of any third party, or your violation of any applicable law or regulation.
  9. Governing Law. The Terms, and your relationship with Bad Juju under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Bad Juju agree to submit to the exclusive jurisdiction of the courts located within the county of Orange, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Bad Juju shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
  10. Modifications. Bad Juju reserves the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing these Terms and additional terms or notices posted on the Site. Your continued access of the Site shall be deemed your conclusive acceptance of the modified agreement.
  11. Termination. Either party to the Agreement may terminate it at any time and for any reason.
  12. Contact Us. We would love to hear form you. Please write to us regarding any questions, comments or concerns you may have by e-mail to: legal@badjuju.com or send it to our mailing address: Bad Juju Games, Inc. 32 Journey, Suite 200, Aliso Viejo, CA  92656