top of page
Terms of service
The Terms of Service you are reading are a legally binding agreement that governs the relationship between Beasloth and yourself, as defined below, your use of Beasloth’s mobile game or any other applicable platforms and/or devices are included in this agreement.
In these terms references to "we", "us" and "our" are references to Beasloth.
Before accessing or using this Service, including browsing Beasloth website or accessing the game, you must agree to these Terms of Service and the Privacy Policy.
And that you have read, understand and agree to be bound by these terms. If you do NOT agree to all these Terms, please do NOT use our website and/or download our game.
THE SERVICE IS STRICTLY FOR AMUSEMENT PURPOSES ONLY. THE SERVICE DOES NOT OFFER REAL MONEY GAMBLING OR AN OPPORTUNITY TO WIN REAL MONEY OR PRIZES. NO ACTUAL MONEY OR ANYTHING OF VALUE CAN BE WON PLAYING THE GAMES, AND NO ACTUAL MONEY IS REQUIRED TO PLAY.
Beasloth reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service, its Privacy Policy and other relevant Beasloth policies at any time by posting the amended terms on the Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Beasloth Privacy Policy, or any other Beasloth policy, rules or codes of conduct relating to your use of the Service, your right to use the Service shall immediately terminate, and you must immediately stop using the Service.
Beasloth may terminate these Terms in its sole discretion at any time. Users are responsible for viewing the Beasloth Terms periodically. Your continued use of the Service after a change or modification of the Beasloth’s Terms has been made will constitute your acceptance of the revised Beasloth's Terms.
Table of Contents:
1.Using our Service
2. Platform Provider Rules
3. Game Virtual Items & currency
4.User conduct and content
5.Your Own Content Responsibility
6. Terminating & suspensioning accounts
7. User rules & Misconduct
8.Disclaimer; Limitation of Liability; Sole & Exclusive Remedy
9.Copyright
10.Minors
11.Privacy policy
12.Dispute Resolution & Arbitrate Agreement on an Individual Basis
13. General
1.Using our Service:
-
You must be of legal age to use our service (18 and up).
-
The specific game rules and guidelines for the Game can be found within the Game itself. Such rules and guidelines form part of these terms and you agree that you shall comply with them in respect of the Game when you choose to access and/or play it.
-
You accept full responsibility for any unauthorised use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (such as google pay) by minors.
-
You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Services.
-
You will not purchase(or attempt to), sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by Beasloth, or previously been banned from playing our game.
-
There may be times when our Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
-
Purchases of Virtual Items are final and are not refundable, transferable or exchangeable unless stated otherwise at our discretion. Requests for refunds should be made to the Platform through which they were purchased
-
If You made an in-game purchase but it wasn’t delivered or isn’t working (Could always be a cause of a technical issue that can be resolved easily). You can always Get support from Beasloth, we’ll be happy to assist.
There are 3 ways to get in contact with us:
A.Our HOME site: www.beasloth.org
B.Contact button in the game “SweepIt”
C.Google play- finding our contact information by - Go to https://play.google.com/store. - Browse or search for SweepIt. - select the Game to open the detail page. - Scroll down to the "Additional information" section. - Review the contact information listed.
please, let us know: - The issue you’re having. Such as "My in-app purchase didn’t come through", or "The app isn’t working properly when I open it". - The response you’d like. For example, mention whether you’d like help fixing the issue. If your inquiry is about a problem with a purchase you made, you should expect a response within four business days, please state in the subject: “purchase problem”.
2. Platform Provider Rules
In the event that you are using the Service through a third-party website or application, social network such as Facebook,Instagram and others, platform or store ("Platform"), you must comply with the terms of use or services of such Platform (the "Platform Terms"), in addition to these Terms, and the Platform's privacy policy will apply to any of your interactions with the Platform. The Platform Terms are incorporated into these Terms by reference such that a violation by you of the Platform Terms shall be deemed a violation of these Terms. In the event of a conflict between these Terms and the Platform Terms, the Platform Terms shall control solely to the extent the conflict relates to the rights or obligations of the Platform and not of us.
3. Game Virtual Items & currency:
-
In the course of using the Service you may win and earn virtual in-game currency/items , such as coins,boosters, jewels, and/or diamonds, You can alternatively purchase "Virtual Currency/Items" for real money. You are NOT obligated, at any time, to purchase any Virtual Items.
-
Please note that Beasloth does not handle and is not responsible for handling transactions acquiring Virtual Currency. All Virtual Currency transactions are handled by third-party e-commerce payment providers. By purchasing in-game Virtual Currency, you are bound by and agree to the third-party payment providers’ Terms of Use.
-
In addition to all third-party obligations, the following shall apply. In no way can Virtual Currency or Virtual Items be exchanged with us or anyone else for real money, goods, other items, or services of monetary value. Transferring Virtual Currency or Virtual Items outside the Games is strictly prohibited, meaning that you may not buy or sell Virtual Currency or Virtual Items for real money or otherwise exchange Virtual Currency or Virtual Items for items of value outside the Games.
-
You also agree that all prices and sales of Virtual Currency and Virtual Items are final. Neither third-party payment providers nor Beasloth issue refunds for completed transactions except as provided in this Terms of Use. Please note that you only purchase a limited, revocable, non-transferable licence to use in-game Virtual Currency or Virtual Items, and you agree that you do not own them. In the event your account is limited, terminated, suspended, modified, or deleted for any reason, at Beasloth’s sole and absolute discretion, or if Beasloth discontinues its Game, you forfeit all Virtual Currency and Virtual Items earned or purchased. Beasloth has the absolute right to manage, regulate, control, modify, and/or eliminate Virtual Currency and/or Virtual Items as it sees fit and at its sole discretion. YOU ACKNOWLEDGE THAT BEASLOTH IS NOT OBLIGATED TO PROVIDE A REFUND OR COMPENSATE YOU FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL CURRENCY OR ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
4.User conduct and content
-
You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services. You promise that all the information you provide to us on accessing and/or using our Services is and shall remain true, accurate and complete at all times.
-
The use of all materials and information sent through or in connection with this website and/or Beasloth’s software by you is subject to our Privacy Policy.
5.Your Own Content Responsibility
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Beasloth may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgement of Beasloth violates these Terms of Service.
6. Terminating & suspensioning accounts
BEASLOTH MAY, IN ITS SOLE DISCRETION LIMIT, SUSPEND, TERMINATE, MODIFY, AND/OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR ANY PORTION OF IT AND PROHIBIT ACCESS TO OUR GAME, SOCIAL MEDIA AND SITE, AND THEIR CONTENT, SERVICE AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND BEASLOTH IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES.
Without limiting any other remedies, Beasloth may refuse access to the Service or may limit, suspend, modify, delete or terminate your Account without notice for any reason, including, but not limited to, a suspected violation of the Terms, or the terms of other application stores or platforms (such as but not limited to Facebook, Instagram, Windows Phone or Google), illegal or improper use of your Account, or illegal or improper use of the Services, User Content (as defined below), Beasloth's game, or Beasloth's intellectual property as determined by Beasloth in its sole discretion. You may lose your user name and all related information and files associated with your Account, as a result of Account termination, without responsibility on the part of Beasloth for any damage that may result from the foregoing, and Beasloth is under no obligation to compensate you for any such losses or results. If you have more than one Account, Beasloth may terminate all of your Accounts.
ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF OUR GAME IS A VIOLATION OF BEASLOTH POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS APPLICABLE IN YOUR JURISDICTION.
7. User rules & Misconduct
We care for your safety. If you believe another user has acted inappropriately (in violation of these Terms or in an otherwise offensive, violent, harassing or dangerous manner), please report immediately to the appropriate authorities and to us at Contact Us.
You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and Beasloth Terms
You agree that you will not:
-
Upload, post, transmit or otherwise disseminate material or information that is vulgar, violent, indecent, otherwise offensive or objectionable subject matter or that contains a link to such content;
-
Access the service or create an account if you do not meet the age guidelines;
-
Deal with virtual Items in a manner that violates these terms, including transferring virtual Items to other individuals, parties, or entities, selling or re-selling virtual Items or fraudulently obtaining or acquiring virtual Items or other products or services;
-
Ridicule, mock, stalk, intimidate, threaten, harass, harm, advocate, or abuse another person, group, Beasloth's employees, including our customer service representatives, hatefully, racially, religiously, ethnically or in any other manner;
-
Upload or transmit files that contain viruses, Trojan horses, worms, time bombs, cancelbots, RATs, keyboard loggers, spyware, adware, or any other malicious or invasive code or program, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users of the Service;
-
Advertise, solicit or transmit any commercial advertisements or unauthorised communications through the Service, including chain letters, junk e-mail or repetitive messages (spam) and any materials that promote malware, spyware and downloadable items to anyone;
-
Violate the personal, contractual, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party including rights of privacy or publicity;
-
Create an Account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate the Beasloth's Terms and/or the terms of service of any third-party applications or social networks through which the Service is accessed;
-
Attempt to obtain or reveal private information from other members including personally identifiable information (whether in text, image or video form), identification documents, financial information or any information that may be sued to track, contact or impersonate another individual, including without limitation, other users and Beasloth's employees;
-
Improperly use support channels to make false reports to Beasloth or use profane and abusive language in your communications with our support personnel;
-
Use the Service in order to design, assist, develop, distribute, use, or publicly inform other members of "auto" software programs, "macro" software programs, "cheat utility" software programs or applications, hacks, mods or any other unauthorised third party software designed to allow the user to cheat or obtain an unintended advantage while using the Service or modify or interfere with the Service or any Beasloth game experience, including, without limitation, enabling unauthorised activity related to Users' balances;
-
Use the Service, intentionally or unintentionally, in connection with any violation of any applicable laws or regulations, or encourage or promote the violation of any applicable law or regulation or any illegal activity including, but not limited to, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service;
-
Attempt to use the Service on or through any service that is not authorised by Beasloth. Any such use is at your own risk and may subject you to additional or different terms. Beasloth takes no responsibility for your use of the Service through any service that is not authorised by it;
-
Collect, post or communicate any User’s real personal information or private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service;
-
Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
-
Modify or cause to be modified any files, codes, or any other component which are part of the Service, Without Beasloth's express written consent;
-
Establish, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service;
-
Attempt to gain unauthorised access to the Service, Accounts registered to others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by Beasloth, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;
-
Use the Service or any part of it for performing in-game services, such as power-levelling and item collection services, in exchange for payment outside the Service;
-
Interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms;
-
Use any unauthorised third-party software that accesses, intercepts, "mines", or otherwise collects information from or through the Service or that is in transit from or to the Service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service to store information about Beasloth game characters, elements, or environment. Beasloth may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
-
Intercept, examine or otherwise observe any proprietary communications protocol used by a user, a server, or the Service, whether through the use of a network analyzer, packet sniffer or other device;
-
Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
-
Copy or adapt the Service's software including but not limited to Flash, PHP, HTML, JavaScript or any other code.
-
Bypass any robot exclusion headers or other measures we employ to restrict access to the Service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;
-
Use, facilitate, create, or maintain any unauthorised connection to the Service, including without limitation any connection to any unauthorised server that emulates, or attempts to emulate any part of the Service; or any connection using programs, tools, or software not expressly approved by Beasloth;
-
Except where permitted by law or relevant open source licences, reverse engineer, decompile, disassemble, decipher, modify or otherwise attempt to derive the object code or source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by Beasloth;
-
Copy, modify or distribute rights or content from any Beasloth site or game, or Beasloth's copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms;
-
Solicit or attempt to solicit personal information from other users of the Service;
-
Use capital letters and spamming (continuous posting of repetitive text) that interferes with any party's uninterrupted use and enjoyment of the Service and User Content or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Service and User Content;
-
Use any automatic machine to operate Beasloth Client Software or use any other Beasloth software, other than the Beasloth Client Software;
-
Use the Beasloth Server API with any software other than the Beasloth Client Software.Any use of the Service in violation of these Rules of Conduct and Usage is strictly prohibited, may result in the immediate revocation of your limited licence granted hereunder and termination of your Account in Beasloth's sole discretion; and may subject you to any criminal and financial liability for violation of criminal and civil laws.
8.Disclaimer; Limitation of Liability; Sole & Exclusive Remedy
You acknowledge that by accessing, downloading or using the Service you agree that your use of the Service, in whole and in part (including, without limitation, all content, and user materials), shall be at your sole risk and is provided on an "As Is" basis. To the fullest extent permitted by law, Beasloth, affiliates or subsidiaries, or any of their officers, directors, employees, contractors, partners and agents disclaim all warranties, conditions or other terms of any kind, either explicit or implied, in connection with the Service and your use thereof, including, but not limited to, implied warranties of merchantability, title, quiet enjoyment, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness.
YOU ARE SOLELY RESPONSIBLE TO ENSURE THAT YOUR USE OF THE SERVICE IN THE JURISDICTION WHERE YOU RESIDE IS PERMITTED PURSUANT TO ALL LOCAL LAWS AND REGULATIONS.YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEASLOTH SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES ,HOWEVER SUCH LOSSES ARE QUALIFIED, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BEASLOTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, BEASLOTH SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID BEASLOTH IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID BEASLOTH ANY AMOUNTS IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BEASLOTH IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL AND BARGAINED-FOR BASES OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THESE TERMS.
Most concerns can be solved quickly by contacting us, please use the support options in “Contact Us”
In the unlikely event that we cannot solve your concern and you wish to bring legal action against us these terms shall be governed by and construed in accordance with the laws of Israel.
9.Copyright:
Beasloth owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or Beasloth social media and site. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual items, content, characters, features, goods, services or currency appearing or originating in the Beasloth game, whether earned in a game or purchased from Beasloth, or any other attributes associated with an Account or stored on the Service.
10.Minors:
YOU MUST BE AT THE LEGAL AGE OF EIGHTEEN (18) AND UP, TO DOWNLOAD AND/OR USE OUR SERVICE. By using the Service, you declare that you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Service in accordance with these Terms, and to fully perform your obligations hereunder.
We reserve the right to request proof of age at any stage. We may block your account if we suspect you are under the applicable age.
You also may not open an Account or use the Service if you previously have been removed by Beasloth or otherwise have been prohibited by us from using the Service.
11.Privacy policy:
Our Privacy Policy sets out how we use, protect and disclose your personal information.
12.Dispute Resolution & Arbitrate Agreement on an Individual Basis
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND BEASLOTH TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU AND BEASLOTH CAN SEEK RELIEF FROM EACH OTHER.
By agreeing to these Terms, and to the extent permitted by applicable law, you and Beasloth agree that any and all past, present and future disputes, claims or causes of action between you and Beasloth arising out of or relating to these Terms, the Service, the formation of these Terms or any other dispute between you and Beasloth or any of Beasloth's licensors, distributors, suppliers or agents (including any application store or platform from which the Service is accessed or downloaded), and whether arising prior to or after your agreement to this Section, (collectively, "Dispute(s)") will be governed by the procedure outlined below. You and Beasloth further agree that any arbitration pursuant to this Section shall not proceed as a class, group or representative action.
"Country of Residence" for purposes of this Section means the country in which you hold citizenship or legal permanent residence, as well as any country from which you regularly access and use the Service. If more than one country meets that definition for you, then your country of citizenship or legal permanent residence shall be your Country of Residence, and if you have more than one country of citizenship or legal permanent residence, it shall be the country with which you most closely are associated by permanent or most frequent residence.
-
Informal Dispute Resolution. Beasloth wants to address your concerns without the need for a formal legal dispute. Before filing a claim against Beasloth, you agree to try to resolve the Dispute informally by contacting us by clicking “Contact Us” Similarly, if you have provided an email address to us as part of your Account registration, Beasloth agrees to do the same. If a dispute is not resolved within 30 days after the email noting the Dispute is sent, you or Beasloth may initiate an arbitration proceeding as described below.
-
We Both Agree To Arbitrate. By agreeing to these Terms, and to the extent permitted by applicable law, you and Beasloth each and both agree to resolve any Disputes – including any Dispute concerning the enforceability, validity, scope or severability of this agreement to arbitrate – through final and binding arbitration as discussed herein.
-
Opt-out of Agreement to Arbitrate. You may decline this agreement to arbitrate by contacting us in the "Contact Us" option within 30 days of first accepting these Terms and stating that you (including your first and last name) decline this arbitration agreement. By opting out of the agreement to arbitrate, you will not be precluded from using the Service, but you and Beasloth will not be permitted to invoke the mutual agreement to arbitrate to resolve Disputes under the terms otherwise provided herein.
-
Exceptions to Agreement to Arbitrate. - If your Country of Residence is the United Kingdom, Switzerland or in the European Economic Area, notwithstanding your and Beasloth’s agreement to arbitrate Disputes, either you or Beasloth also may assert claims, if they qualify, through the small claims process in the courts of your Country of Residence. - If your Country of Residence is not the United States, the United Kingdom, Switzerland or in the European Economic Area, notwithstanding your and Beasloth’s agreement to arbitrate Disputes, either you or Beasloth may also assert claims, if they qualify, through the Small Claims Court in Tel Aviv-Jaffa, Israel, or if a court in your Country of Residence would not recognize such a requirement (notwithstanding the provisions of this Section), then in a small claims court or the equivalent in your Country of Residence.
-
Arbitration Shall Proceed Individually. Regardless of your County of Residence or the rules of a given arbitration forum, you and Beasloth agree that the arbitration of any Dispute shall proceed on an individual basis, and neither you nor Beasloth may bring a claim as a part of a class, group, collective, coordinated, consolidated or mass arbitration (each, a "Collective Arbitration"). Without limiting the generality of the foregoing, a claim to resolve any Dispute against Beasloth will be deemed a Collective Arbitration if (i) two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and (ii) counsel for the claimants are the same, share fees or coordinate across the arbitrations. "Concurrently" for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.
-
Class Action and Collective Arbitration Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR BEASLOTH SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN ANY COLLECTIVE ARBITRATION (AS DEFINED ABOVE) OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, OR OTHERWISE SEEK TO RECOVER FOR LOSSES INCURRED BY A THIRD PARTY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS AGREEMENT, IN THE EVENT ALL OR ANY PORTION OF SUBSECTIONS (E) OR (F) OF THIS SECTION (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) ARE FOUND TO BE INVALID OR LESS THAN FULLY ENFORCEABLE, THEN THE ENTIRETY OF THIS SECTION (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) MAY BE DEEMED VOID AND AS HAVING NO EFFECT UPON EITHER PARTY'S ELECTION.
-
Arbitration Procedures and Fees. - If your Country of Residence is the United States, you and Beasloth agree that the American Arbitration Association ("AAA") will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes in effect at the time arbitration is sought ("AAA Rules"). Those rules are available at www.adr.org. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules. You and Beasloth further agree that, unless and only to the extent prohibited under AAA Rules, the arbitration will be held in New York, New York, or, at your election, will be conducted telephonically or via other remote electronic means. The AAA Rules will govern payment of all arbitration fees. If your Country of Residence is the United States, this Section (Dispute Resolution and Agreement to Arbitrate on an Individual Basis) shall be construed under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set out in this Agreement. The arbitrator shall be authorised to award any remedies, including injunctive relief, that would be available to you in an individual lawsuit and that are not waivable under applicable law. Notwithstanding any language to the contrary in this Section, if a party seeks injunctive relief that would significantly impact other Beasloth users as reasonably determined by either party, the parties agree that such arbitration will proceed on an individual basis but will be handled by a panel of three (3) arbitrators. Each party shall select one arbitrator, and the two party-selected arbitrators shall select the third, who shall serve as chair of the arbitral panel. That chairperson shall be a retired judge or an attorney licensed to practice law and with experience arbitrating or mediating disputes. In the event of disagreement as to whether the threshold for a three-arbitrator panel has been met, the sole arbitrator appointed in accordance with this Section shall make that determination. If the arbitrator determines a three-person panel is appropriate, the arbitrator may – if selected by either party or as the chair by the two party-selected arbitrators – participate in the arbitral panel. Except as and to the extent otherwise may be required by law, the arbitration proceeding and any award shall be confidential. - If your Country of Residence is not the United States, you and Beasloth agree that the Arbitration centre and Dispute Resolution (www.israelcourts.co.il) ("CADR") will administer the arbitration, which shall be conducted in accordance with its rules in effect at the time arbitration is sought, and in accordance with the Israeli Arbitration Law, 5728-1968, as amended. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules. The arbitration proceeding and any award shall be confidential. You and Beasloth further agree that the arbitration will be held in English in Tel Aviv-Jaffa, Israel, or, if you so elect, all proceedings can be conducted telephonically or via other remote electronic means. The CADR rules will govern payment of all arbitration fees.
13. General
Entire Agreement; Assignment; Novation-These Terms are the entire agreement between you and Beasloth regarding the subject matter herein. You agree that Beasloth may assign or novate these Terms, in whole or in part, in its sole discretion and that you are not entitled to assign or otherwise transfer these Terms, or any of your rights or obligations thereunder, to any third party without the prior written consent of Beasloth. Any unauthorised assignment will be void and of no force or effect.
Waiver-Any failure to enforce any rights granted hereunder or to take action in the event of any breach of these Terms shall not be deemed a waiver by the non-breaching party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. All waivers must be in writing, and any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Rules of Construction-These Terms shall be construed as follows: "Includes", "including" and cognates thereof shall be understood to mean "includes without limitation" or "including without limitation" unless the context demands otherwise, the word "or" shall have the inclusive meaning identified with the phrase "and/or" section and other headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms; and any reference made in these Terms to a statute or statutory provision shall include any amendments or successors thereto as in effect at the time the particular provision of the Terms is to be given effect, along with any then-applicable rules or regulations promulgated thereunder.
Parties Intent-If any provision hereof is adjudged by any arbitrator or court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein.
Country specific terms-Some countries may have additional or different terms for Users located in that country (“Country-Specific Terms”). If you are located in a country that has Country-Specific Terms that differ from these Terms, the Country-Specific Terms will govern solely to the extent of any such difference.
Force Majeure-Beasloth shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Beasloth, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Beasloth's control such as war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Notices-We may notify you via postings in our games, on our website, via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the Beasloth Privacy Policy shall be in writing and sent to us by the "Contact Us" option.
Survival-You agree that the provisions of the following Sections shall survive termination of these Terms or termination of your Account, for any reason whatever: Intellectual Property and Our Licence to You; User Feedback and Your Licence to Us; Disclaimers of Warranties; Limitation of Liability; Indemnity; Governing Law; Dispute Resolution and Agreement to Arbitrate on an Individual Basis; and General.
Contact Us-For further Information, Support or Questions, please use the support options in “Contact Us”
1
2
3
4
5
6
7
8
9
10
11
12
13
bottom of page