End-User License Agreement for the application Broken Ground provided by Bad Viking Ltd.
Please read and acknowledge this End-User License Agreement ("Agreement") carefully before creating an account or using the game Broken Ground and its related Services ("Broken Ground" or "Application"/"Services"), including but not limited to the game, website, and social media pages.
By creating an account or playing Broken Ground you acknowledge that you have reviewed and hereby agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not create an account, download or use Broken Ground.
This Agreement is a legal agreement between you (either an individual or a single entity) and Bad Viking Ltd ("Bad Viking", "We") and it governs your use of the Application made available to you by Bad Viking.
Your personal account ("Account") is for use in Broken Ground and access is hereby permitted to the user who created the account and only them.
Bad Viking grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Broken Ground Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
Restrictions and Obligations
Not withstanding any other provision of these Terms you agree and undertake not to:
license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit Broken Ground or make it available to any third party;
copy or use the Application for any purpose other than as permitted under the above section 'License';
hack, attempt to hack, modify, adapt, decompile, disassemble or create derivative works of Broken Ground;
remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notice contained within the Application;
make use of third party tools to modify the function of the Application;
make use of cheats, exploits, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the game or its experience;
create a username or communicate with other users in any way that may be considered unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, or obscene including but not limited to material based on a person's race, nationality, ethnicity, religion, gender, sexual orientation, disability or other such affiliation;
distribute, share or solicit login details or personal information for an account. Bad Viking is not responsible for password information being obtained by another individual by means of theft, guess work or through personal disclosure, and in consequence any action that is undertaken as result of this information becoming public;
create an account if you are under the age of 13. We do not intend that children under 13 years old will use our services or play our games. By creating an account you agree that you are over 13 years or age.
Bad Viking reserves the right to access, modify, suspend or terminate your account at any time and for any reason, at our sole discretion, with or without notice to you. Users suspected or discovered to be in violation of the terms of this Agreement can expect to have their accounts modified, suspended or terminated.
We reserve the right to delete your account if no activity is conducted by you in relation to the account for a period of 180 or more days. If your account is deleted for this reason, you will no longer be able to access and/or use any Virtual Items associated with that account and no refund will be offered to you.
If your account is terminated, for anything other than inactivity, by extension this Agreement is also terminated and you agree not to use the Application, use other accounts or create any additional accounts.
You acknowledge and understand that if you delete your account, or if we delete or terminate your account in accordance with these Terms, you may lose access to any data previously associated with your account (including, but not limited to any level/xp progression, game statistics and any Virtual Items you have have purchased).
Virtual Currency and Purchases
In Broken Ground you may accumulate (a) Virtual Currency, referred to in the Application as "Credits",or (b) virtual in-game items (together with Virtual Currency, "Virtual Items"). Virtual Items can be earned through the use of the Application or "purchased" with or in exchange for other Virtual Items, or with legal currency.
You agree that Virtual Items only exist within Broken Ground and can never be exchanged for real money, real goods or real services from us or anyone else. You agree that you do not own the Virtual Items and the amounts of any Virtual Item do not reflect any credit balance of real currency or its equivalent. Instead, you purchase a limited personal revocable license to use them. The purchase and sale of the limited license referred to in this Agreement is a completed transaction upon receipt of your direct payment or a third party payment method. Any Virtual Currency balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.
Virtual Currency may cost real money. If you are purchasing "Credits" using a payment method that does not belong to you, you agree to get explicit permission from the payment provider to authorise the use of there payment details in the Application.
Your purchase of Virtual Currency and/or Virtual Items is final and is not refundable, exchangeable, transferable, except at Bad Viking's sole discretion. You may not purchase, sell, or exchange Virtual Currency or Virtual Goods outside the Application. Doing so is a violation of the Terms and may result in termination of your Account.
Bad Viking retains the right to modify, manage, control and/or remove Virtual Currency and/or Virtual Items at its sole discretion. Prices and availability of Virtual Items are subject to change without notice.
Upon termination of an account you forfeit your right to any and all Virtual Items you may have pre-purchased. You agree and acknowledge that you will not be entitled to any compensation for this loss or any refund for any transaction amount(s) in real currency terms, which were pre-paid on behalf of the Account prior to any termination of access to your Account.
You are not entitled to bring any Claims in respect of any Loss as a result of any "loss" or "damage to your Virtual Items.
The Application and its content, including without limitation all graphics, scripts, copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of Bad Viking.
Bad Viking reserves the right to modify, suspend or terminate the Application or any service to which it connects, temporarily or permanently, with or without notice and without liability to you.
Bad Viking may from time-to-time provide improvements to the features and/or functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the Application. You agree that Bad Viking has no obligation to provide any Updates, or continue to provide or enable any particular features and/or functionalities of the Application to you. You further agree that all Updates will be deemed to constitute an integral part of the Application, and are subject to the terms and conditions of this Agreement.
Any feedback, comments or ideas provided to Bad Viking with respect to Broken Ground shall remain the sole property of Bad Viking. Bad Viking is free to use, modify and publish Updates based on your suggestions or ideas without any credit or compensation to you.
The Application may display, include or make available third-party services (including but not limited to digital storefronts and content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").
You acknowledge and agree that Bad Viking shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Bad Viking does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
To the fullest extent permitted by law, we are not liable for any claims or losses arising directly or indirectly from: (i) a failure to provide our services, or any part thereof; (ii) corruptions to or loss or data, errors or interruptions in the course of using, or as part of, any of our services. (iii) any suspension or termination or any of our services, or any part thereof; (iv) any use or our services by other users.
Broken Ground and all its features and services are provided "as is" and "as available" for your use, without warranties of any kind, either express or implied, including all implied warranties or merchantability, fitness for a particular purpose, title, and noninfringement. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you.
You expressly agree that your use of, or inability to use, the Broken Ground Application is at your sole risk. Bad Viking does not guarantee or warrant, and makes no representation of any kind, that the Application will meet your requirements, be compatible with any other software, applications or services, meet any performance or reliability standards, operate uninterrupted or error-free, or that any errors or problems can or will be corrected. Bad Viking makes no representations regarding the time that any content or user content will be preserved. Bad Viking further reserves the right to cease operations of Broken Ground and its services at any time, with or without notice to you.
Amendments to this agreement
Bad Viking reserves the right, at our sole discretion and at any time, to modify or replace terms of this Agreement. By continuing to access to use our Application after any revisions become effective, you agree to be bound by the new revised terms. If you do not agree to the new terms, you are no longer authorised to use the Application. This agreement shall remain in effect until terminated by you or Bad Viking.
If you have any questions of queries about this agreement please contact us at [email protected]