BEELINE INTERACTIVE, INC.
End-User License Agreement
Last Update: October 18, 2018
PLEASE READ THIS END-USER LICENSE AGREEMENT (“EULA”) BETWEEN YOU AND BEELINE INTERACTIVE, INC. CAREFULLY BEFORE USING A BEELINE GAME. BY DOWNLOADING OR USING A GAME, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, PLEASE CLICK DO NOT DOWNLOAD OR USE A GAME.
Note: If you are under age 13, you may use Beeline Games only under the supervision of your parent or legal guardian, except where prohibited by law.
This summary is provided only for convenience. Please review the EULA below in its entirety for important information and legal conditions that apply to your use of Beeline applications (“Games”).
· If you are under age 13, you may use Games only under the supervision of your parent or legal guardian, except where prohibited by law. If you are age 13 or over but under age 18, you may use Games only with the consent of your parent or legal guardian. You must be age 18 or over to play Cash Games, as explained below.
· The Games are owned by Beeline and its licensors. You may only use Games for personal use. You may not sell or transfer Games, or any content or digital items within Games, to anyone else.
· You may not copy or modify any content from Games, or any trademarks appearing in Games.
· Skill-based Games with real-money prizes may only be played in certain countries and US states. Special requirements apply to such games, including fees.
· You will be responsible for all charges relating to Games. These charges may include costs of in-game additional features or content. Although Games may be free to download and play, real-money charges may apply for in-game additional features or content.
· You are responsible for maintaining the security of your account information with Apple App Store, Google Play or other mobile application store in order to avoid unauthorized charges, including by children using your device.
· Amounts paid are non-refundable except as required under local law of your jurisdiction. In certain cases the mobile application store from which you obtained a Game, such as the Apple App Store or Google Play, may provide refunds.
· You may not post any inappropriate content in or through any Game, or any content that you do not have legal rights to. You agree that Beeline may use any content you post for any purpose, including for advertising.
· We may discontinue or change any Game, including any features of the Game, at any time without notice or liability to you.
· Our liability to you relating to Games is limited. You agree that any disputes will be subject to binding arbitration, to be held in Los Angeles, California, USA.
Your Agreement to this EULA and Future Changes
This mobile application (the “Game”) is licensed, not sold, to you by Beeline Interactive, Inc. (“we,” “us” or “Beeline”). By using any Game, you agree to be bound by this End-User License Agreement (“EULA”). We reserve all rights in and to the Games not expressly granted to you under this EULA. We may modify this EULA, at our sole discretion, without your consent, effective immediately upon posting of the revised EULA, and you agree to and accept this condition. Material changes to this EULA will be announced by posting them in the Apple App Store, Google Play and other mobile application stores where any Game is available. You are responsible for checking this EULA each time before using any Game. Continued use of any Game following the posting of changes will mean that you accept and agree to the updated EULA.
Scope of License
This EULA is limited to a nontransferable license to use the Game that links to this EULA on mobile devices that you own or control and as permitted by the usage rules for the Apple App Store, Google Play or other mobile application store, as applicable, or other terms and conditions applying to your device. This EULA does not allow you to use the Game on any device that you do not own or control, and except as provided in the rules relating to your device, you may not distribute or make any Game available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer redistribute, or sublicense a Game and, if you sell your device to a third party, you must remove the Game before doing so. You may not copy (except as expressly permitted by this EULA and the rules for your device), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any Game 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-source components included with the Game). Any attempt to do so is a violation of the rights of Beeline and our licensors. If you breach this restriction, you may be subject to prosecution and damages.
The terms of this EULA will govern any upgrades provided by Beeline that replace and/or supplement the original Game, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern. You acknowledge that this EULA is concluded solely between you and Beeline, and not with the mobile application store from which you downloaded any Game (for example, Apple Inc. or Google Inc.), and that Beeline is solely responsible for the Game and the content thereof, except as otherwise provided in this EULA. If you have an Apple device and this EULA is less restrictive than, or in conflict with, the terms of service for such device, the terms of service for such device will govern.
Use of the term “purchase” in this EULA does not imply that you obtain any ownership rights to any Game or any virtual currency or virtual goods.
All content included in Games, including text, design, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations and software (but not including any content posted by users) is owned by Beeline or our licensors and protected by applicable copyright laws. Games may include registered and unregistered trademarks owned by or licensed to Beeline, which may not be copied, imitated or used, without the prior written permission of Beeline.
Skill-Based Cash Games
Beeline may offer skill-based games and tournaments that require an entry fee paid in real money and may offer prizes that can be redeemed for real money (“Cash Games”). By participating in Cash Games you agree to the terms and conditions in this section as well as the terms and conditions of the rest of this EULA. Beeline has no obligation to allow you to participate in Cash Games even if you meet the age and geo-location requirements in this EULA.
Compliance with the Competition and Gaming Laws in Your Jurisdiction
Cash Games are currently offered only in certain US states and Canada.
You acknowledge and agree that various laws, regulations, rules, and other authorities (“Gaming Laws”) govern your participation in Cash Games. If you are a resident of the United States, some of these Gaming Laws will depend on the state in which you access the Cash Games and the state of your residence.
By joining or participating in a Cash Game, or depositing or withdrawing funds from your account, you consent to Beeline and our service providers to determine and record your geographic location. If we determine you are in a Prohibited State or outside of the United States and Canada, we may block your access (regardless of your state or residence). We also reserve the right to block, suspend, or terminate your account if we detect or determine any attempt to defeat or circumvent the prohibitions in this section. CASH GAMES ARE VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAWS. BEELINE MAKES NO REPRESENTATION CONCERNING THE LAWFULNESS OF YOUR PARTICIPATING IN ANY CASH GAME, AND NO ONE ASSOCIATED WITH BEELINE HAS THE RIGHT TO MAKE ANY SUCH REPRESENTATION. IF YOUR PARTICIPATION IN CASH GAMES VIOLATES LAW APPLICABLE TO YOU, ANY WINNINGS MAY BE FORFEITED, REGARDLESS OF YOUR LOCATION.
By joining or participating in a Cash Game, or depositing or withdrawing funds from your account with Beeline, you represent that you are not in a Prohibited State and are not outside the United States and Canada.
Personal Documentation and Reporting Requirements
As a condition to participating in Cash Games, depositing or withdrawing funds, from time to time you may be required to provide personal documentation such as a driver’s license, passport, credit card statement, utility bill or other document showing residence address, and other materials.
If you participate in a Cash Game, you may be subject to certain mandatory reporting requirements. When you deposit funds for use toward entry fees in Cash Games, you will be required to submit and maintain the following information at all times:
· Your full name
· Your permanent residential address
· Your phone number
· Your credit card or other information.
When you make any payment by credit card or PayPal, you represent to us that you are the authorized user of such credit card or the authorized holder of such PayPal account.
If you have a positive account balance resulting from your participation in the Cash Games, you may request a withdrawal of funds from your available account balance at any time. Your requested funds will be provided by check or by refund to the payment method used to make your deposit, provided that refunds to credit cards may be made only up to the amount of the original charge, with the balance to be paid by check or other means. It may take up to ninety (90) days for us to process your withdrawal.
Prior to withdrawal of any available funds in your account, we may require you to submit your social security number or other personal information. Failure to provide such information at that time may delay or result in our inability to process your withdrawal. Withdrawals and payments from your account will be made in US Dollars.
A processing fee of $2.00 will apply to each withdrawal. If your withdrawal is less than $10.00, a processing fee of up to $1.00 may apply. Checks not claimed within thirty (30) days from the date of the check will become void and the amount of the check will then be re-deposited to your account.
We reserve the right to immediately freeze and/or terminate your account if there is an investigation that is pending or contemplated regarding any reported or suspected abuse or circumvention of the protective measures for the Cash Games, verification of eligibility, or to comply with the Gaming Laws.
If you receive a payment from us in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce any payment to you to adjust for any previous overpayment.
If you reside or play in the United States and have winnings in any calendar year of $600 or more, we will send you an IRS form W-9 and 1099-MISC or other appropriate form. Depending on the state in which you reside, we may also send you additional federal or state tax forms.
If you reside or play in a country other than the United States, we may require you to complete other tax forms.
We may withhold from your account any positive balances or future winnings that are required to be withheld under any applicable laws, including amounts due in connection with your failure to complete the relevant tax documentation. However, you still remain solely responsible for paying all federal, national, state, provincial and other taxes in accordance with all applicable laws.
Account Maintenance and Other Fees
If you have not entered at least one tournament in a six-month period, your account will be deemed “inactive.” Inactive accounts are subject to a maintenance fee of $3.00 per month. If the account balance reaches zero or the monthly maintenance fee can no longer be deducted, the account will be suspended, and if the suspended account is not reactivated within three months, the account will be closed. If your account is inactive for twelve months it will be closed.
Beeline employees may play Cash Games or Cash Games for the sole purpose of testing the user experience or functionality of the Games, but may not withdraw any money or play for cash consideration in such circumstances. Beeline directors, contractors, affiliates, or partners may play Cash Games and Cash Games, but only if they do not have any access to non-public information that would lead to any advantage in their play.
To participate in Cash Games, you will be required to set up a Beeline account and provide certain personal information. You may only have a single Beeline account. If you provide any information that is untrue, inaccurate, incomplete or not current, or if you have more than one Beeline account, Beeline has the right to suspend or terminate all of your accounts and refuse any and all current or future use of any Game by you, as well as take other actions described in this EULA.
When you register for a Beeline account, you will choose a user ID and password. It is your responsibility to keep your user ID and password confidential. If you think a third party may have obtained your password, you should immediately change your password. We will have no responsibility for damage caused to you by a third party using your user ID and password regardless of whether it was provided intentionally by you or through your negligence, and regardless of whether we knew or should have known of such use. If there are changes to information that you registered with us when applying to a Game, you should update your profile to reflect the changes.
Beeline reserves the right to close accounts at any time without notice, in Beeline’s sole discretion.
If you violate this EULA or applicable law, Beeline may deduct and retain amounts from your account, including accounts closed by Beeline, to compensate Beeline for any resulting loss or expense.
If there is a charge associated with a Game, you agree to pay that charge. If the Game is free, there may still be charges for additional content within the Game, including virtual currency and virtual goods (both defined below), and you agree to pay those charges. You may be able to prevent purchase of such additional content by adjusting your device's settings.
The Apple iPhone, iPad and other devices may keep you logged on for a period of time after you download a Game (or after you make a purchase through the Game). This may allow a user (for example, a child) to incur charges without entering your password. This is a function of the software of these devices and not within our control. You may be able to change this function through the “settings” menu on your device.
Prices for a Game exclude all applicable taxes and currency exchange settlements, unless stated otherwise. You may still incur charges incidental to using the Game even if the Game itself is free (for example, charges for internet access, text messaging, and other data transmission). You are solely responsible for the payment of such taxes or other charges related to your use of Games.
If you believe there is an error in any charges relating to Games, you must tell us within 120 days after the error first appears on your credit card or PayPal bill so that we can investigate. If you don’t tell us within that time, we will have no responsibility or liability for any error.
You must pay for all reasonable costs we incur to collect any past due amounts, including without limitation reasonable attorneys’ fees and other legal fees and costs.
Beeline does not provide refunds. Any amounts paid for Games or virtual currency or virtual goods are non-refundable, except to the extent required by applicable law. Any disputes or discrepancies relating to credit card or PayPal charges should be addressed to your credit card company or PayPal, respectively.
If you are a resident of the European Union, you consent that we may make available to you Games and any virtual currency or virtual goods directly after your order has been accepted by the Apple App Store, Google Play or other mobile application store. As a result, you hereby expressly acknowledge that you lose any legal right to withdraw from the purchase of a Game or such virtual items.
Gameplay Data and Recordings
We may use written, audio and video content from Games, and display your user name and chat logs associated with those Games, for any purpose, including to promote Games. Please do not include personally-identifiable information in any dialogue, message or chat associated with a Game, as such information may be viewed or accessed by others.
All data and content related to gameplay of the Games is owned by Beeline, including written, audio and video content from Games. Such content may display your user name or other identifying information that you submit in the course of gameplay. We may record, publicly replay and stream live any such gameplay, with no obligation to you. We may also publicly display your user name and your Game records, including win-loss record, ranking and other statistics.
You may record and display recordings of gameplay content for non-commercial purposes (that is, without compensation), so long as your recording and display do not include products or services that are competitive with our products or services, and comply with this EULA.
If you are under age 13, you may use a Game only under the supervision of your parent or legal guardian, except where prohibited by law. If you are age 13 or over but under age 18, you may use the Game only with the consent of your parent or legal guardian.
Beeline relies upon parents and guardians to determine if a Game is appropriate for the viewing or access by persons under the age of 18.
You agree to monitor use of your account by persons younger than the age of 18. You agree to accept full responsibility for any unauthorized use of your account by persons under the age of 18, including responsibility for any use of your credit card or other payment instrument.
Virtual Currency and Virtual Goods
Games may include “virtual currency,” consisting of coins, points or similar items that may be earned or obtained through the Game or otherwise purchased by you for actual (“real-world”) currency, subject to applicable law. Virtual currency is different from and does not include “bonus cash,” which may be awarded in Cash Games. Games may also include “virtual goods,” consisting of digital items such as commodities, abilities or other goods that may be earned or obtained through Games or otherwise purchased by you for actual currency, or for virtual currency, subject to applicable law.
We can manage, regulate, control, modify or eliminate virtual currency and/or virtual goods, including the price thereof, at our discretion, and will have no liability to you or any third party for any of such actions. You have no right, title or interest in or to any virtual goods or virtual currency except the following: a limited, personal, non-transferable, non-sublicensable, revocable license to use, solely within Games, virtual goods and virtual currency that you have earned, purchased or otherwise obtained in a manner authorized by us.
You agree that the transfer of virtual currency and virtual goods is prohibited except where expressly authorized in Games. Also, outside of Games, you may not sell, redeem or otherwise transfer virtual currency or virtual goods to Beeline, any other user of a Game or any other party.
You agree that in the event that this EULA, your account or any Game is terminated for any reason, which may include without limitation our discontinuation for any reason of the applicable portion of the Game, you will forfeit all virtual currency and virtual goods, and we will have no liability to you for such forfeiture. In addition, if you have not used your virtual currency for twenty four (24) months or more and your account has a virtual currency balance, your virtual currency may expire and your account may be cancelled for non-use.
Bonus cash may be awarded in Cash Games and used to enter Cash Games in certain circumstances. Bonus cash has no cash value cannot be withdrawn. Bonus cash may not be redeemed for real money or used for other purposes.
If you initiate a withdrawal of funds from your account, you will forfeit any bonus cash in your account at that time. If you do not enter a Cash Game within a sixty-day period, all bonus cash in your account will be forfeited.
Games may invite or enable you and other users to create, submit, post, display, transmit, perform, publish or distribute communications, content and materials by e-mail or through online forums, message boards, messaging services, blogs or other functionality of the Game or portions thereof.
Beeline has no obligation to accept, display, review, maintain or otherwise exploit any user content. By posting user content to a Game, you represent and warrant that you have all rights, including under copyright, to do so, and that such content is not illegal, defamatory or pornographic. You agree that user content is not confidential. You further agree that user content will not be returned to you. You hereby grant to Beeline a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit for any purpose user content via a Game or by any other means. You further hereby irrevocably grant to Beeline the unconditional right to use and exploit your name, persona and likeness included in any user content and in connection with any user content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in user content, regardless whether user content is altered or changed in a manner not agreeable to you.
We have no obligation to monitor, verify, correct or remove user content, although we reserve the right to do so in our sole discretion from time to time. We are not liable for any damage resulting from any infringement of copyright, trademark or other proprietary rights in any user content. However, if you believe that any user content infringes copyright rights held by you, you may contact us at the e-mail address or physical mail address below with the following information and signature:
· A description of the copyrighted work that you claim has been infringed;
· A description of where the material that you claim is infringing is located in the Game;
· Your address (including country), telephone number and e-mail address;
· A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
· A statement by you, made under penalty of perjury, that the above information in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
· An electronic or physical signature of the individual authorized to act on behalf of the owner of the copyright interest.
The notice should be sent to firstname.lastname@example.org or, if by physical mail, to:
Beeline Interactive, Inc.
10960 Wilshire Blvd, Suite 1500
Los Angeles, CA 90024 USA
Games may contain links, login interfaces and other connections to third-party websites and applications, including Facebook. Such third-party services are provided solely as a convenience to you, and we are not responsible for, and do not sponsor or endorse the content of third-party services. Use of third-party services may require you to accept additional terms. We are not responsible for examining or evaluating, and do not warrant the offerings of, any third-party services, and you agree to use them at your sole risk.
We may allow you to log in to Games using third-party services such as Facebook. By logging in using a third-party service or otherwise using third-party services you permit Beeline and our affiliates to access information related to your account with that third-party service (including profile information, friends and privacy settings), and the third-party service may be able to access information concerning your actions in Games.
You agree not to engage in any of the following conduct through Games:
· Interfere with or disrupt Games or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected with Games;
· Interfere with, disrupt or circumvent any security feature of Games or any feature that restricts or enforces limitations on use of or access to Games;
· Use Games for fraudulent activity or to violate the law;
· Use Games to harm minors in any way;
· Use profanity, obscenities or asterisks or other “masking” characters to disguise such words;
· Use or upload content that is obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, or use threatening and harassing language of any kind, as determined by Beeline in its sole discretion;
· Use Games to obtain or reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual;
· Defraud or mislead Beeline or other users;
· Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
· Share personal information (such as name, phone number, home address, and password) with other users;
· Create a Game account by automated means or false pretenses or use any other user's account for any purpose, including to circumvent a suspension or ban;
· Cheat or use, develop or distribute automation software programs (“bots”), “macro” software programs or other “cheat utility” software program or applications that are designed to modify the Game experience to the detriment of fair play;
· Submit false refund requests to Beeline or any mobile application store, such as the Apple App Store or Google Play;
· Transmit or upload any copyrighted, or trademarked materials in messages or postings;
· Use advanced fonts, java, tables, html, or other programming codes or commands in messages; or
· Make any commercial use of any of the information provided in any Game, or make any use of any Game for the benefit of a business.
In addition, prohibited conduct in the case of Cash Games includes
· Misrepresenting your residence address or geolocation;
· Opening or using multiple Beeline accounts’
· Colluding with other players (for example, to intentionally lose matches);
· Intentional poor play in order to obtain a competitive advantage;
· Intentional transfer of money between accounts (money-laundering);
· Breach of security of your Beeline Account or, or any other act (whether through the use of automated technology or otherwise) that unfairly alters your chance of winning or constitutes the commission of fraud; and
· Disabling, circumventing, or otherwise bypassing any measures to locate or identify the jurisdiction in which you are located.
Beeline reserves the right to determine what conduct violates these restrictions or is otherwise outside the intentions of this EULA or a Game and to take action as a result, which may include suspension or termination of your Beeline account, forfeiture of any cash winnings not yet paid to you and legal action to recover any cash winnings already paid to you, and exclusion from further participation in Games. In the case of illegal conduct, for example money-laundering, Beeline may report such conduct to law enforcement.
Changes, Suspension or Termination of Games
We reserve the right to add, change, suspend or discontinue any Game, or any aspect or feature of any Game, without notice or liability. You agree that we may alter any Game, which includes changing the various terms and changing or eliminating parts of the Game, without contacting you in advance.
You agree that we may temporarily suspend any Game without prior notice. During any such period you may be unable to access the any information you have stored on the Game. This may occur, for example, when we are conducting regular or emergency maintenance on the Game.
The license is effective until terminated by you or Beeline. Your rights under this EULA will terminate automatically without notice from Beeline if you violate any terms listed in this EULA regardless of whether the violation is by, on behalf of or through you. Upon termination of the license, you shall cease all use of Games and delete all copies of the Games.
You may, as the result of termination, lose your Game account and all information and data associated with it, including virtual currency and virtual goods. You will not be entitled to any refund, reimbursement or other liability as a result of any termination permitted under this EULA for any reason, whether by you or Beeline. Beeline reserves the right to refuse to keep accounts for or provide access to Games to anyone.
YOU ACKNOWLEDGE AND AGREE THAT USE OF ANY GAME IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME AND ANY SERVICES PERFORMED OR PROVIDED BY THE GAME ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BEELINE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GAME AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO BEELINE PARTY WARRANTS THAT THE GAME, OUR SERVERS OR E‑MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BEELINE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME, THAT THE FUNCTIONS CONTAINED IN OR GAMES PERFORMED OR PROVIDED BY THE GAME WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BEELINE OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE GAME PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL BEELINE BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE ANY GAME, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF BEELINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. In the event of any failure of any Game to conform to any applicable warranty on a device provided by Apple, you may notify Apple for a refund of the purchase price for the Game. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Game.
You acknowledge and agree that the mobile application store from which you obtained any Game, including Apple and its subsidiaries, is a third-party beneficiary of this EULA, and that, upon the your acceptance of the terms and conditions of this EULA, such store, including Apple, will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.
You acknowledge that, in the event of any user or third-party claim relating to any Game or your possession and use of the Game, the mobile application store from which you obtained the Game (including Apple and Google Play) will not have any responsibility for the investigation, defense, settlement and discharge of any such claim. This includes, but is not limited to: (a) product liability claims; (b) claims of failure to conform to any applicable legal or regulatory requirement; (c) claims arising under consumer protection or similar legislation; and (d) claims of infringement of a third party's intellectual property rights. However, nothing in this EULA limits our liability to you beyond what is permitted by applicable law.
You agree that we have no obligation to provide support relating to Games. You further agree that the mobile application store from which you obtained any Game (including Apple and Google Play) has no obligation whatsoever to furnish any maintenance and support services with respect to the Game. We may provide limited support to users who contact us through https://beelinesupport.zendesk.com/hc/en-us/requests/new; however, we may discontinue such support at any time.
You agree that Games may automatically download and install updates, upgrades and additional features that Beeline deems reasonable, beneficial to you and/or reasonably necessary.
You may not use or otherwise export or re-export any Game except as authorized by United States law and the laws of the jurisdiction in which the Game was obtained. In particular, but without limitation, no Game may be exported or re-exported (a) into any US-embargoed countries or a country designated by the US government as a “terrorist-supporting” country or (b) to anyone on the US Treasury Department's Specially Designated Nationals List or the US Department of Commerce Denied Persons List or Entity List. By using any Game, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by US law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
US Government Users
Games and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to US Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
You agree that Beeline may send e-mail to you for the purpose of informing you of upcoming events or offers, notifying you of changes to Games, or for other purposes we deem appropriate.
Any questions relating to Games should be sent as follows:
Beeline Interactive, Inc.
10960 Wilshire Blvd, Suite 1500
Los Angeles, CA 90024
Mediation and Binding Arbitration
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Informal Negotiation. You and Beeline agree to attempt in good faith to resolve any Dispute before commencing arbitration. Unless you and Beeline otherwise agree in writing, the time for informal negotiation will be 60 days from the date on which you or Beeline provides written notice of the Dispute. You and Beeline agree that neither will commence arbitration before the end of the time for informal negotiation.
Binding Arbitration. If informal negotiation is not effective, arbitration shall be conducted before a single arbitrator under the Commercial Rules of the American Arbitration Association (AAA), including the AAA’s Supplementary Procedures for Consumer Related Disputes, both of which are available at www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Commercial Rules, Consumer Due Process Protocol and the Supplementary Procedures for Consumer Related Disputes. Unless the claim is for more than US$10,000, the arbitration shall be conducted solely through the submission of documents, by phone or online. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE AWARD (DECISION) WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARD. Nothing herein will prevent Beeline or you from pursuing a claim in small claims court with applicable jurisdiction.
Limitation. You and Beeline agree that any arbitration shall be limited to the Dispute between Beeline and you individually. YOU AND BEELINE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Beeline agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this provision is determined to be unenforceable, then the entirety of this Mediation and Dispute Resolution section shall be null and void.
This section survives termination of this EULA.
The laws of the State of California, excluding its conflicts of law rules, govern this EULA and your use of Games. Your use of Games may also be subject to other local, state, national, or international laws. In the event that the agreement above to arbitrate is not effective for any reason, you hereby agree to personal jurisdiction by and venue in the federal and state courts of Los Angeles, California, USA for all disputes in connection with this EULA or any dispute of any sort that might arise between you and us or our affiliates. We and you agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this EULA or to any dispute or transaction arising out of this EULA.
All services hereunder are offered by Beeline Interactive, Inc., located at 10960 Wilshire Blvd. Suite 1500, Los Angeles, California 90024, USA. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R St., Sacramento, California 95814.
If any of the terms or conditions of this EULA shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of this EULA.
Delay in Enforcement
No delay or failure to take action under this EULA shall constitute any waiver by us of any provision of this EULA.