Terms and Conditions
Acceptance of the Terms
These Terms of Service and Policy (“Terms”) are a legal agreement between CAPSL Entertainment, its Affiliates (“CE” or “we” or “us”) and you (“you”). Affiliates shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership. By installing or using any CE developed application or registering BAASH User Account with us (“Service”) you agree to be bound by these Terms. By accessing or using the Service, you agree that you have read, understood, and accept to be bound by the Terms. CE reserves the right, in its sole discretion, to modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. If you do not agree to the Terms, do not use the Service.
Users are responsible for periodically viewing the Terms and its modifications or revisions. Your continued use of the Service after a change or update of the Terms has been made will constitute your acceptance of the revised Terms. If you do not agree to the Terms or the revised Terms your sole remedy is to discontinue your use of the Service and cancel any accounts you have made using the Service.
If you access the Service from a social network or download the Service from another platform, such as Apple or Google, any websites or any third party app stores, you must also comply with its terms of service/use as well as these Terms.
To use our Service, you may need an account with a social network, like Facebook, and, if you are using our Service on mobile devices, an account with CE that provides your mobile applications, like an iTunes / Google Play Store account may be necessary. You may need to update third party software from time to time in order to receive the Service.
We will provide the Service while you shall provide the suitable equipment (computer, phone, tablet, etc.) and pay all necessary fees to connect to the Internet and app stores, or for data or cellular usage to download and use the Service.
If you violate the Terms, CE reserves the right to issue you a warning notice regarding the violation or immediately terminate or suspend any or all accounts you have created using the Service. You agree that CE need not provide you with such notice before terminating or suspending your account(s), but it may do so.
CE reserves the right to refuse any user access to the Service without notice for any reason, including, but not limited to, a violation of the Terms but CE shall not be obliged to disclose any reason for doing so.
You agree that CE may discontinue the Service or change the content of the Service at any time, for any reason, with or without notice to you, without liability.
You represent that you are 13 years old or older. If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agreed to the Terms.
BAASH User Account
When you create an Account, you will have to create a username (User Identifier). Your username may be visible to other users. When you choose an Account name, or display name or otherwise create a label or image that can be soon by other users of the Services, including, without limitation, usernames (each a “User Identifier”), you must abide by the following guidelines as well as the rules of common decency. If CE finds a User Identifier for any type of account, including, without limitation, an individual user account or a tournament organizer account, to be offensive or improper, or believes a User Identifier is or may be illegal, it may, in its sole and absolute discretion, refuse to grant you the User Identifier, change the User Identifier, remove the User Identifier, and/or suspend or terminate your Account. In particular, you may not use any User Identifier:
- Belonging to another individual or entity with the intent to impersonate that individual or entity, whether actual or fictitious, including, without limitation, impersonating any CE agent or employee or any other CE community user;
- That incorporates vulgar language or imagery or which is otherwise offensive, defamatory, libelous, obscene, hateful, or racially, ethnically or otherwise objectionable;
- That is subject to the rights of any other person or entity without written authorization from that person or entity;
- That belongs to a popular culture figure, celebrity or media personality;
- That is, contains, or is substantially similar to a trademark or service mark, whether registered or not, or may otherwise cause confusion;
- Belonging to any religious figure or deity;
- Related to drugs, sex, alcohol, or criminal activity;
- Is substantially similar to, or otherwise contains or duplicates any copyrighted work or component of a copyrighted work (including, without limitation, comics, anime, movies or other video, console and/or mobile games, and any characters appearing in any of the foregoing).
You are responsible for maintaining the security of your Account. Do not share your Account details with others or allow others to access or use your Account. You are solely responsible for any activity in your Account whether it is or is not authorized by you, including any purchase made using any payment methods. The use of your Account and the Account password should not be transferred to another person.
You shall inform us immediately if you are aware of any actual or suspected loss, theft, fraud, or unauthorized use of your Account or Account password.
Intellectual Property Ownership
All materials that are part of the Service (including but not limited to, data, designs, text, graphics, images, photographs, illustrations, logos, icons, links, pictures, video, information, applications, software, audio, music, sound and other files, and their selection and arrangement) are owned exclusively by CE or its licensors, and all the materials are protected by applicable law from unauthorized use. The entire contents of the Service are copyrighted and protected under the Hong Kong copyright and intellectual property rights laws and/or similar intellectual property laws of other jurisdictions.
You agree that no materials that are part of the Service may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, reverse engineered or sold in any form or by any means, in whole or in part, or otherwise exploited without CE’s express prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the platform. All other uses of copyrighted material, including any derivative use, require express prior written permission from CE. Any reproduction or redistribution of materials not in accordance with these Terms is expressly prohibited and may result in severe civil and criminal penalties.
CE and/or its licensors shall remain as the owners of right, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted on the Services by CE. You acknowledge that you do not acquire any ownership or proprietary rights by using the Service or by accessing any materials posted on the Service by CE, or any derivative works thereof.
CE grants you a personal, non-exclusive, non-transferable, revocable, limited scope licence to use the Service solely for the purpose of viewing and using the applicable Services and for no other purpose whatsoever. Your licence to use the Services is limited by these Terms or the revised Terms.
You agree that you are willingly publishing the content on the Service using technology and tools provided by CE. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network or other medium without the explicit prior written permission of CE. You grant CE the right to act as an agent on your behalf as operator of the application.
Any data, text, videos, graphics, photographs and their selection and arrangement, (hereinafter “User Content”) uploaded to the Service are subject, whether in whole or in part, to unlimited commercial, non-commercial and/or promotional use by CE. Text, videos, graphics, and photographs are uploaded by you and are the sole responsibility of the person from whom the User Content originated. Thus, users are responsible, and CE is not responsible for any files users upload, post, or otherwise make available. CE may or may not regulate User Content and does not guarantee the accuracy, quality, or integrity of any User Content posted via the CE application. By using CE you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that CE will not under any circumstances be liable for any User Content, including, but not limited to, errors in any User Content, or any loss or damage caused by the use of the User Content.
CE reserves the right to remove and permanently delete any User Content from the Service with or without notice.
Fees and Payments
Some aspects of the Services require you to pay a fee. You agree to pay all fees, payments and applicable taxes incurred by your Account that you use to access the Services. You acknowledge and agree that all information you provide with regards to a purchase, including, without limitation, credit card or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. CE reserve the right, with or without prior notice, to (i) discontinue or limit the available quantity of aspect of the Services, (ii) honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions.
All sales on or through the Services are final. Except as provided herein, there are no refunds or returns for the purchase to the Services. CE may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of the Services. CE reserves the right to change prices for the Services displayed on or in the Services, at any time, and to correct pricing errors that may inadvertently occur. All such changes shall be effective immediately upon posting of such new prices to the Services.
The Service may include an opportunity to purchase virtual, in-game currency (“Virtual Currency”) that may require you to pay a fee using “real money” to obtain the Virtual Currency. The Service may also include virtual, in-app digital items (”Virtual Goods”) that may be purchased from CE for ”real money” or for Virtual Currency. Virtual Currency and Virtual Goods can never be redeemed for real money, goods, or any other item of monetary value from CE or any other party. You understand that you have no right or title in Virtual Goods or Virtual Currency.
Your purchase of Virtual Currency and/or Virtual Goods is final and is not refundable, exchangeable,, except subject to CE’s sole discretion. You may not purchase, sell, or exchange Virtual Currency, Virtual Goods or the Account outside the Service. Doing so is a violation of the Terms and may result in immediate termination of your account with the Service and/or legal action may be instituted against your breach.
CE retains the right to modify, manage, control and/or eliminate Virtual Currency and/or Virtual Goods at its sole discretion. Prices and availability of Virtual Goods are subject to change without notice.
Tournament Organizers, Prizes and Rewards
CE helps organizers create and manage competitions for online mobile game tournaments and help gamers find tournaments to join. Each tournament is different because it is subject to the parameters set by the organizer through the application, including, but not limited to, game type, stage type, rankings among event attendees, and the awarding of prizes, if any.
By using the Services, you agree to all parameters and agree to receive any communications from the application. Further, any communications from organizers, including, without limitation, any representations, content or links supplied or promises of prizes or rewards, are made solely by the organizers. CE is not responsible for monitoring organizers’ communications or administering any prizes or rewards. Even if CE provides any assistance in the administering of prizes or rewards, the tournament organizer still remains responsible for the determination of eligibility and the distribution of any prizes or rewards.
CE cannot guarantee that any tournament organizer who hosts a tournament through the Services will distribute advertised or promised prizes or rewards. You participate in the Services at your own risk and agree that CE is not responsible for any tournament prizes offered by tournament organizers.
Rules of Conduct/Usage
You agree that all your communications with the Communication Channels are done in public domain, and thus you shall have no expectation of privacy regarding your use of the Communication Channels. CE is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.
You agree that your use of the Service shall be for lawful purposes and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Service in order to:
- post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable
- defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable
- upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or other users’ computers
- violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information 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)
- attempt to obtain passwords or other private information from other members
- improperly use support channels or complaint buttons to make false reports to CE
- develop, distribute, or publicly inform other members of “auto” software programs, “macro” software programs or other “cheat utility” software program or applications in violation of the applicable License Agreements
- exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage
- violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service
Privacy and Protection of Personal Information