Acceptance of Terms
Use of Website
You represent and agree that you will not use this Website, nor allow anyone to use this Website, (a) contrary to TBGS’s reputation, public image, or goodwill, (b) in violation of any law, regulation, ordinance or court order, ( c ) in any manner that could damage, disable, overburden or otherwise impair the ability of TBGS to make this Website available to other users or to interfere with the use and enjoyment of this Website by other users, (d) to create, copy, upload, download, store, publish, distribute, broadcast, transmit or otherwise disseminate any content, information or communication that (i) infringes, misappropriates or otherwise violates any third party patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights or any other intellectual property right, or (ii) may be deemed libelous or slanderous, (e) to harass, intimidate, threaten or encourage any violence against any person, group or organization, (f) to transmit or otherwise disseminate any spam e-mails, viruses, corrupted files, spyware, malware, or any other software or code that may damage or impair the operation or security of any computer, hardware, software, system or service, (g) to gain or attempt to gain unauthorized access to any computer, hardware, software, system, service, account, communication or information of TBGS, any other users or any third party, or (h) to engage in any conduct that could expose TBGS to civil or criminal liability or (i) to engage in any conduct that could be damaging, harassing or aggravating to any other TBGS users (“Prohibited Conduct”).
If you become a registered user of the Website in order to gain access to support or other limited access parts of the Website, you agree (i) that the information you provide to TBGS in connection with your registration will be current, complete and accurate, (ii) not to choose a user name that violates any law or the intellectual property rights of others, or is offensive; provided that TBGS reserves the right to reject the use of any user name for any reason or no reason, (iii) not to transfer, sell, convey or assign the right to use the Website to any third party without the prior written consent of TBGS and (iv) not to permit any third party to use your user name and password to access the Website.
You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any breach of security. However, you may be held liable for losses incurred by TBGS or any other user or visitor to the Website due to someone else using your account information. You may not use anyone else’s account information at any time without the express permission of the account holder. We will not be liable for any loss or damage arising from your failure to comply with these obligations.
Advertisements and Third Party Content
(a) When providing you with our content, we may display advertising before, in, after or around such content. Any dealings you engage in with any advertisers via our Website are between you and the advertiser, and subject to additional terms and conditions from such advertiser (if any). TBGS is not liable for any loss or claim you may have against any advertiser.
(b) The Website may include links to websites of third parties, including links provided as automated search results. The existence of such links does not mean that we endorse these third-party sites or services. You acknowledge and agree that TBGS is not responsible or liable for any content or other materials on these third-party sites.
Fees, Purchases and Payments
(a) Fees and purchases. Certain features of the Service may be subject to a fee. You may be required to pay for certain services, including through an exchange for virtual currency, or a purchase of certain virtual, in-game items, upgrades or participation in certain Game activities. Any applicable fees are displayed on the Service in connection with the respective feature of the Service. We do not warrant that feature specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, we shall have the right to refuse or cancel any orders in our sole discretion. If we charged your payment method prior to our cancellation, we will issue a credit to you in the amount of the charge. We may, from time to time, modify, amend, or supplement our fees and billing methods, and post those changes in these Terms or elsewhere on the Service.
(b) Payments. You may pay using the methods available for the particular services, which may include credit card, debit card, PayPal, or other similar accounts, and you agree to the terms and conditions applicable to each payment method you choose, including any additional payment processing fees which may be applicable. By providing us with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; and (ii) authorize us to charge you for the Service using your provided payment method. You must promptly update all billing information to keep it current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us if your credit card is canceled, lost or stolen.
ANY APPLICABLE FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. IN PARTICULAR, ANY PAYMENT FOR LICENSES FOR VIRTUAL ITEMS OR REDEMPTION OF THIRD PARTY VIRTUAL CURRENCY IS ALWAYS FINAL AND NON-REFUNDABLE.
You agree to pay all fees and applicable taxes incurred by you or anyone using your User Account. We reserve the right to change the pricing for the goods and services offered through the Website, at any time. UNLESS PROHIBITED BY LAW, YOU ACKNOWLEDGE THAT WE ARE NOT OBLIGATED TO PROVIDE ANY REFUNDS FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT BE ENTITLED TO RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED PHYSICAL/VIRTUAL ITEMS WHEN AN ACCOUNT IS TERMINATED OR SUSPENDED FOR ANY REASON, REGARDLESS OF WHETHER SUCH TERMINATION OR SUSPENSION WAS VOLUNTARY OR INVOLUNTARY.
You are solely responsible for any costs you incur to access the Service through any Internet, wireless or other communication service, such as any fees for web browsing, messaging, and data usage on an Internet provider’s or wireless carrier’s network. Check with your carrier to determine the fees that apply.
Our Electronic Communications to You
You agree to receive communications from us electronically. We will communicate with you by email or SMS, as the case may be. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Intellectual Property Rights of Website
This Website and its contents are intended for your personal use. Unless otherwise noted, all content on this Website, including text, graphics, images, logos and software, is the property of TBGS or its third party content providers or licensors, and is protected under the applicable intellectual property laws. You may display, copy, download and print hard copy portions of content appearing on this app solely for your own non-commercial use or any other purposes as contemplated within the use of this Website. Except for such expressly permitted uses of content appearing on this Website, you may not modify, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any content appearing on this Website, in whole or in part. Any unauthorized use of any content appearing on this Website may violate copyright, trademark and other laws and could result in criminal or civil penalties. You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from your breach of this Section 8.
We take special care to protect the safety and privacy of children. This Website and any affiliated TBGS websites and applications are general audience websites and applications, but TBGS does not knowingly collect personal information from anyone under the age of 18 without parental consent. Children under the age of 18 should always ask their parents or guardians for permission before providing any personal information to anyone online.
Third Party Links
Disclaimer of Warranties and Limited of Liability
This Website and all information, content, materials, products and services included on or otherwise made available to you through this site are provided by TBGS on an “as is” and “as available” basis, unless otherwise specified in writing. TBGS makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, products (including software) or services included on or otherwise made available to you through this Website, unless otherwise specified in writing. You expressly agree that your use of this Website is at your sole risk. To the full extent permissible by applicable law, TBGS disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. TBGS does not warrant that this Website, the information, content, materials, products or services included on or otherwise made available to you through this Website, their servers or electronic communications sent from TBGS are free of viruses or other harmful components. TBGS will not be liable for any damages of any kind arising from the use of this Website or from any information, content, materials, products or services included on or otherwise made available to you through this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. Certain country laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may be entitled to additional rights.