Effective Date: November 15, 2023Website: baloney.topContact: [email protected]: 1234 Maple Street, Austin, TX 78701, United States
1. Acceptance of Terms
By accessing or using baloney.top ("Website"), its associated services, games, features, or content (collectively, the "Services"), you ("User," "you") agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and any additional rules or guidelines posted on the Website (collectively, the "Agreement"). If you do not agree to all terms of the Agreement, you may not access or use the Services. We reserve the right to modify these Terms at any time by posting the updated version on the Website with a new effective date. Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the changes.
2. Eligibility
To use the Services, you must:
Be at least 13 years of age. If you are between 13 and 18 years old, you must have the consent of your parent or legal guardian, who agrees to be bound by these Terms on your behalf.
Have the legal capacity to enter into a binding contract (or have a parent/guardian with such capacity who consents to these Terms).
Not be prohibited from using the Services by any applicable law or court order.
We reserve the right to verify your age and eligibility at any time. If we determine that you do not meet the eligibility requirements, we may terminate your account and restrict access to the Services.
3. Account Creation and Security
3.1 Account Registration
To access certain features of the Services (e.g., saving game progress, participating in multiplayer games, making purchases), you must create an account. When registering an account, you agree to:
Provide accurate, current, and complete information (including personal information) as requested in the registration form.
Update your account information promptly if it changes.
Use a unique username and a strong, secure password.
3.2 Account Security
You are solely responsible for maintaining the confidentiality of your account credentials (username and password) and for all activities conducted under your account. You agree to:
Not share your account credentials with any third party.
Notify us immediately at [email protected] if you suspect any unauthorized access to or use of your account.
Take all reasonable steps to prevent unauthorized access to your account, including logging out after each use.
We are not liable for any loss or damage arising from your failure to comply with these account security obligations.
4. Use of the Services
4.1 Permitted Use
You may use the Services only for lawful purposes and in accordance with these Terms. You agree to:
Use the Services in compliance with all applicable local, state, national, and international laws, regulations, and treaties.
Respect the rights of other users, including refraining from harassing, bullying, or engaging in any conduct that harms or disrupts other users’ experience.
Use the Services only for personal, non-commercial purposes, unless you have obtained our prior written consent to use them for commercial purposes.
4.2 Prohibited Conduct
You are prohibited from engaging in any of the following activities:
Accessing or attempting to access any part of the Services without authorization.
Using the Services to transmit, upload, or distribute any content that is illegal, harmful, offensive, defamatory, discriminatory, or violates the rights of others (including copyright, trademark, privacy, or publicity rights).
Cheating, hacking, or manipulating the Services (e.g., using bots, exploits, or third-party software to gain an unfair advantage in games).
Interfering with or disrupting the Services, including servers, networks, or other users’ access to the Services.
Collecting or harvesting personal information of other users without their explicit consent.
Impersonating any person or entity, including our employees or representatives.
Reverse-engineering, decompiling, disassembling, or modifying any software or code used in the Services.
Making unauthorized copies of any content from the Services.
5. Intellectual Property Rights
5.1 Ownership of Content
All content on the Services, including but not limited to games, software, code, graphics, text, images, audio, video, trademarks, logos, and brand names (collectively, the "Content"), is owned by us or our licensors and is protected by copyright, trademark, and other intellectual property laws.
5.2 License to Use Content
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Content solely for the purpose of using the Services in accordance with these Terms. You may not reproduce, distribute, modify, display, perform, or create derivative works of any Content without our prior written consent.
5.3 User-Generated Content (UGC)
By submitting UGC (e.g., comments, forum posts, game screenshots) to the Services, you grant us a perpetual, non-exclusive, transferable, royalty-free, worldwide license to use, reproduce, distribute, modify, display, and perform your UGC in connection with the Services and our business operations (e.g., promoting the Services on social media). You represent and warrant that:
You own or have the necessary rights to submit the UGC and grant the license above.
The UGC does not violate any laws, regulations, or the rights of third parties.
We reserve the right to review, moderate, or remove any UGC at our sole discretion, without notice, if it violates these Terms or is otherwise inappropriate.
6. In-Game Purchases and Premium Services
6.1 Purchase Terms
The Services may offer in-game items, virtual currency, subscriptions, or other premium services ("Premium Features") for purchase. By making a purchase, you agree to:
Pay the applicable fees (including taxes) using the designated payment methods.
Not use fraudulent or unauthorized payment methods.
All purchases are final, and we do not offer refunds unless required by applicable law or as specified in our refund policy (available on the Website). Virtual items and currency have no monetary value and cannot be redeemed for real money, goods, or services.
6.2 Premium Feature Access
Access to Premium Features is granted for the duration specified at the time of purchase (e.g., one month for a subscription). We reserve the right to modify, suspend, or discontinue Premium Features at any time, with or without notice. If we discontinue a Premium Feature permanently, we may offer a refund or credit for the unused portion, at our sole discretion.
7. Termination
7.1 Termination by You
You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Upon termination, your access to the Services will be restricted, and your account will be deactivated. However, certain information (e.g., UGC, usage data) may be retained in accordance with our Privacy Policy.
7.2 Termination by Us
We may terminate or suspend your account and access to the Services at our sole discretion, with or without notice, if:
You violate any term of these Terms or our Privacy Policy.
You engage in fraudulent, illegal, or harmful conduct.
We determine that you are ineligible to use the Services (e.g., under 13 years of age without parental consent).
You fail to pay any applicable fees for Premium Features.
We discontinue the Services or a significant portion of them.
Upon termination, all licenses granted to you under these Terms will immediately terminate, and you must cease using the Services. Sections 5 (Intellectual Property Rights), 8 (Disclaimer of Warranties), 9 (Limitation of Liability), and 10 (Governing Law) will survive termination.
8. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT:
THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
ANY CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICES IS ACCURATE, RELIABLE, OR COMPLETE.
THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED.
WE ARE NOT LIABLE FOR ANY DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS.
9. Limitation of Liability
IN NO EVENT SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICES IN THE PAST 12 MONTHS, OR $100 IF YOU HAVE NOT MADE ANY PAYMENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of laws principles.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall first be resolved through good-faith negotiation between you and us. If the dispute cannot be resolved through negotiation within 30 days, either party may submit the dispute to binding arbitration in Austin, Texas, in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall be conducted by a single arbitrator, and the decision of the arbitrator shall be final and binding on both parties.
You agree to waive any right to a jury trial in connection with any dispute arising out of these Terms or the Services.
11. Miscellaneous
11.1 Entire Agreement
These Terms, together with our Privacy Policy and any additional rules or guidelines posted on the Website, constitute the entire agreement between you and us regarding the Services and supersede all prior or contemporaneous agreements, communications, and understandings (whether oral or written).
11.2 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
11.3 Assignment
You may not assign or transfer these Terms or any of your rights or obligations under them without our prior written consent. We may assign or transfer these Terms at any time without notice.
11.4 No Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
11.5 Contact Us
If you have any questions, concerns, or disputes regarding these Terms, please contact us at:Email: [email protected]: 1234 Maple Street, Austin, TX 78701, United States