Battle Forces Terms of Use

Battle Forces, Battle Forces Online are the copyrighted work of MOBEAMER. Use of Battle Forces is governed by the terms of use provided below ("Battle Forces Terms of Use"). Battle Forces is provided "as is" according to the terms of conditions contained herein. Any use of Battle Forces not in accordance with the terms of the Battle Forces Terms of Use is expressly prohibited.

1. Grant of License. MOBEAMER hereby grants, and by using Battle Forces you thereby accept, a limited, personal, non-exclusive license and right to use Battle Forces using either a home, work, or portable computer. Subject to the foregoing Grant of License, you may not remove any proprietary notices or labels on Battle Forces without the prior consent, in writing, of MOBEAMER. MOBEAMER reserves the right for any reason to remove, without notice, any content of Battle Forces received from users, including without limitation, bulletin board postings. MOBEAMER reserves the right to deny, at its sole discretion, any user access to Battle Forces or any portion thereof without notice. Without limiting the foregoing, MOBEAMER retains the right to decline service to any user who violates the Battle Forces Terms of Use.

2. Registration Information. To register your account on Battle Forces, you will be required to provide your username and password. This information is used to identify you as a "unique user" of Battle Forces. In the event that MOBEAMER learns that you have provided MOBEAMER with false or misleading registration information, MOBEAMER reserves the right to terminate your Battle Forces account.

3. Ownership. All title, ownership, and intellectual property rights in and to Battle Forces (including, but not limited to, any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animation, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into Battle Forces, transcripts of the chat rooms, member profile information, recordings of games played on Battle Forces, and software) are owned by MOBEAMER. All rights are reserved. Battle Forces is protected by the copyright laws of United States, Canada, and the European Union.

4. Your Use of Battle Forces.

A. You are entitled to use Battle Forces for your own personal use, but you shall not be entitled to (i) sell or grant a security interest in or transfer reproductions of Battle Forces to other parties in any way, nor to rent, lease, or license Battle Forces to others without the prior written consent of MOBEAMER; (ii) copy, photocopy, reproduce, translate, reverse engineer, modify, disassemble, or de-compile in whole or in part any Battle Forces software; (iii) create derivative works based on Battle Forces; (iv) host or provide matchmaking services for any MOBEAMER software programs or emulate or redirect the communication protocols used by MOBEAMER as part of Battle Forces, through protocol emulation, tunneling, modifying or adding components to the Program, use of a utility program, or any other technique now known or hereafter developed, for any purpose, including, but not limited to, network play over the Internet, network play utilizing commercial or noncommercial gaming networks, or as part of content aggregation networks without the prior written consent of MOBEAMER or exploit Battle Forces or any of its parts for any commercial purpose, including, but not limited to, use at a location such as a cyber cafe, arcade, or other location where users are charged a fee, whether hourly or otherwise, to use Battle Forces; (v) use any third-party software to modify Battle Forces to change game play, including, but not limited to cheats and/or hacks; (vi) institute attacks upon a Battle Forces server or otherwise disrupt Battle Forces; (vii) harass, threaten, stalk, embarrass, or cause distress, unwanted attention or discomfort upon another user of Battle Forces or other person or entity; cheat during gameplay, including but not limited to modification of the game program files; (viii) transmit or post sexually explicit images or other content which in the sole discretion of MOBEAMER is deemed to be offensive; nor shall you transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically, or otherwise objectionable content; (ix) carry out any action with a disruptive effect, such as causing the screen to "scroll" faster than other users are able to type to it; (x) impersonate a MOBEAMER official or employee or any other person; (xi) disrupt the normal flow of dialogue in a chat room or otherwise act in a manner that negatively affects other users, individuals, or entities, including, but not limited to, posting "Spam" messages on Battle Forces. "Spam" messages as used herein include, but are not limited to any effort to use a computer or other electronic device to post an unauthorized and/or unsolicited advertisement to Battle Forces; (xii) post or transmit chain letters, "cashbots," or pyramid schemes; post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals, or entities on Battle Forces; (xiii) intentionally or unintentionally violate any applicable local, state, national, or international law or regulation; (xiv) modify any file that MOBEAMER does not specifically authorize you to modify; (xv) "spam" by posting or sending more than one unsolicited message or piece of mail to a single address or in a chat area; (xvi) create or maintain, under any circumstance, more than one simultaneous connection to Battle Forces. All such connections to Battle Forces, whether created by MOBEAMER software products or by other tools and utilities, may only be made through methods and means expressly approved by MOBEAMER. Under no circumstances may you connect or create tools that allow you to connect to Battle Forces's private binary interface or interfaces other than those explicitly provided by MOBEAMER for public use; (xvii) Communicate or post any user's personal information in or on the Battle Forces game network, web site, or forums.

B. In the event that you violate any of the foregoing provisions, MOBEAMER may at its option and without notice to you, as well you will forego your payment for that term regardless of how much time is left on the term. MOBEAMER reserves the right to: (i) temporarily suspended your access to Battle Forces; or (ii) immediately terminate your access to Battle Forces; and

C. In the event that MOBEAMER is contacted by governmental authorities and/or parties seeking legal redress against you for a violation committed by you or alleged to have been committed by you involving your use of Battle Forces, MOBEAMER will cooperate fully with and all governmental authorities and any lawful orders of the court with regards to the release of information that relates to you and your use of Battle Forces, including, but not limited to, user Internet Protocol (IP) addresses, associated personal information, and all other user information on file.

5. Content Uploads to Battle Forces. You may upload content to Battle Forces in various forms, including, but not limited to, the selections you make for the Program, in chat rooms, and similar user-to-user areas (collectively, your "Content"). Your Content shall not: (a) infringe any third party intellectual property, other proprietary or publicity/privacy rights; (b) violate any law or regulation; (c) be defamatory, obscene, or pornographic; or (d) contain any viruses, Trojan horses, cancelbots, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. MOBEAMER reserves the right to any legal remedies available to MOBEAMER with respect to your Content, including, but not limited to, termination of your use of Battle Forces if we believe your Content may create liability for MOBEAMER or may cause MOBEAMER to lose (in whole or in part) the services of our ISPs or other suppliers. You hereby grant to MOBEAMER a worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise all intellectual property rights, in any media now known or not currently known, associated with your Content.

6. Use of Your Content. MOBEAMER and/or its parent, subsidiaries or affiliates may gather, process, and use (and allow others to use) any and all information which you provide directly to MOBEAMER ("Content"), as well as information regarding the manner in which you use Battle Forces. You hereby grant to MOBEAMER a worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise all intellectual property rights, in any media now known or not currently known, associated with your Content.

7. Information found on Battle Forces. MOBEAMER does not endorse or stand behind the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) provided on or by means of Battle Forces. Any and all statements made in forums, conferences, or chats or during game play reflect only the views of their authors.

8. Termination. This agreement is effective until termination by either party. You may terminate this agreement at any time by destroying all materials obtained from this Site and/or Service and all related documentation thereof. MOBEAMER reserves the right to terminate this agreement without notice at MOBEAMER's sole discretion if you fail to comply with any term of this agreement, including, but not limited to, disruptive behavior, cheating, instituting attacks upon a Battle Forces server, and any unlawful activity. It is the policy of MOBEAMER to cooperate fully in criminal investigations, including, but not limited to, and if permitted by local laws, tracing user Internet Protocol IP addresses and associated personal information, as well as sharing all other user information on file with the proper authorities upon request.

9. Acknowledgments. You hereby acknowledge that (i) You assume the cost of all telephone charges, necessary servicing, repair, or correction for connecting to Battle Forces; (ii) the materials in this site and/or service are provided "as is" and without warranties of any kind, either express or implied, including, but not limited to, warranties of accuracy, reliability, merchantability, fitness for a particular purpose, and non-infringement; (iii) that as part of your registration process and in consideration for the privilege of accessing Battle Forces and if permitted by local laws MOBEAMER has the right to send your computer one or more "cookies" without any further notice to you (these cookies only retain your user preferences) and , MOBEAMER has the right to obtain certain identification information about your computer and its operating system, including the identification numbers of your hard drives, central processing unit, IP addresses, and operating systems for identification purposes; (iv) that, if permitted by local law, MOBEAMER has the right to obtain "non-personal" data from your Internet browsing software in order to make certain demographic assumptions regarding the users of Battle Forces without any further notice to you; (v) MOBEAMER does not warrant that Battle Forces will be uninterrupted or error-free, that defects will be corrected, or that this site and/or service or the server are free of viruses or other harmful components; (vi) you may not be able to access Battle Forces whenever you want, and there may be extended periods of time where you cannot access Battle Forces; (vii) MOBEAMER shall not be held liable for any delay or failure to perform resulting from causes outside the reasonable control of MOBEAMER; (viii) as certain games played on Battle Forces require electronic files, including, but not limited to, player characters, accounts, statistics, user profiles, weapons, armor, quests, and maps ("Online Data"), be stored upon Battle Forces for Your use when utilizing Battle Forces to play these games online, You hereby agree and acknowledge that MOBEAMER shall not have any liability to You for the loss of Online Data for any reason whatsoever, including, but not limited to, server failure, telephonic interruptions of any kind, defects, viruses or other harmful components, and negligent acts of MOBEAMER and/or its affiliates; (ix) you may not use "Duplicated Characters" on Battle Forces that were created by exploiting a slow connection or "lag," programming error, or any other manner that allows you to utilize "Duplicate Characters" and/or "Duplicated Items" on the Battle Forces service. In the event that MOBEAMER discovers that you are utilizing such characters on Battle Forces, you hereby acknowledge that MOBEAMER may, at its sole discretion, delete such characters from your account on Battle Forces; (x) MOBEAMER reserves the right, at its sole discretion, to modify or delete any information, including, but not limited to, player characters, accounts, statistics, user profiles, and any other information accumulated or uploaded on Battle Forces; (xi) MOBEAMER does not warrant Battle Forces or any of the games played over Battle Forces will be free of cheats, hacks, or programming errors that may affect the outcome of games, tournaments, Battle Forces's ladder ranking systems, or the general use of Battle Forces; and (xii) the terms of this Agreement shall extend to anyone that you allow to use your Battle Forces account, user name or player character(s) and that you are personally responsible and liable for the consequences that may result if any such person violates the terms of the Agreement, including, but not limited to, termination of your account and loss of your user names and characters.

10. Indemnification. Upon request of MOBEAMER, you agree to defend, indemnify and hold harmless MOBEAMER, its parent, subsidiaries, affiliates, licensees, and distributors from all liabilities, claims and expenses, including attorneys' fees arising from breach of the Battle Forces Terms of Use by use of, or in connection with, the transmission by, or through your account of any content on Battle Forces. MOBEAMER reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you thereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.

11. DISCLAIMER OF WARRANTY. Battle Forces IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. MOBEAMER DOES NOT WARRANT THAT THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE. MOBEAMER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

12. Limitation of Liability. NEITHER MOBEAMER, ITS PARENT, OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF Battle Forces, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.

All rights reserved.