Last revised: May 10, 2010
PLEASE ASK YOUR PARENTS PERMISSION BEFORE USING THIS SITE
Welcome to BeyBladeBattles.com (the "Site"). We hope you will enjoy the Site and will visit us often to play with your virtual Beyblade tops. So that you may fully enjoy our Site, we would like you to be aware of the rules that will govern your use of the Site. As used in this User Agreement, "you" and "your" refers to the user of the Site, and, if you are under the age of majority, "you" and "your" includes your parent(s) and/or legal guardian(s). "We" and "us" refers to Hasbro.
By clicking on the "I Accept" button when you sign-in, or if you have already signed-in, or by using the Site without signing-in, you specifically agree to this User Agreement and our Terms and Conditions of Use. If we make material changes to this User Agreement, we will provide concurrent notice of such changes on this Site only. You will not receive an advance notice or individual notice of such changes, so please check this Site from time to time for such User Agreement changes. It is in Hasbro's sole and absolute discretion to change this User Agreement. If you do not agree to this User Agreement and our Terms and Conditions of Use, please exit the Site.
Please read this User Agreement and our Terms and Conditions of Use carefully before using the Site. You will be granted access to the Site until your access is terminated for reasons described in this User Agreement or our Terms and Conditions of Use.
NOTE: THIS SITE IS FOR PROMOTIONAL AND ENTERTAINMENT PURPOSES ONLY. THIS SITE IS NOT A SERVICE. THIS SITE WILL BE AVAILABLE FOR A LIMITED TIME ONLY, IN HASBRO'S SOLE AND ABSOLUTE DISCRETION. HASBRO RESERVES THE RIGHT TO SHUT DOWN THIS SITE AND/OR TO MODIFY, LIMIT OR ELIMINATE ANY ACCOUNT, CONTENT OR FEATURE(S) OF THIS SITE AT ANY TIME, IN ITS SOLE AND ABSOLUTE DISCRETION. HASBRO IS ONLY OBLIGATED TO GIVE ADVANCE NOTICE OF A PLANNED SITE SHUT DOWN, WHOLESALE CLOSING OF ALL USER ACCOUNTS, AND/OR OTHER MATERIAL CHANGE TO THIS SITE AS FURTHER DESCRIBED IN THIS USER AGREEMENT. ANY ADVANCE NOTICES WILL BE POSTED ON THIS SITE AND WILL NOT BE SENT TO INDIVIDUAL USERS. HASBRO IS NOT REQUIRED TO MAINTAIN OR SAVE ANY INDIVIDUAL USER ACCOUNT, DATA, OBJECTS, STATISTICS OR SIMILAR INFORMATION AND RESERVES THE RIGHT TO DEACTIVATE OR DELETE SUCH ACCOUNT AND/OR INFORMATION FOR ANY AND ALL REASONS, INCLUDING BUT NOT LIMITED TO USER INACTIVITY, THE SITE'S MEMORY LIMITATIONS, POTENTIAL FRAUD/ABUSE, OR ANY OTHER REASONS IN HASBRO'S SOLE AND ABSOLUTE DISCRETION, WITHOUT NOTICE. HASBRO IS NOT RESPONSIBLE FOR ANY SUCH INFORMATION THAT IS MODIFIED OR LOST DUE TO TECHNICIAL DIFFICULTIES OR ANY OTHER REASONS.
Limited Site Operation
This Site will only be operational for a limited period of time as determined by Hasbro in its sole and absolute discretion. If we decide to (a) close all accounts on this Site on a wholesale basis and/or (b) shut down this entire Site and/or (c) make material changes to this Site as a whole (as determined by us in our sole and absolute discretion), we will notify the user community by posting a notice on this Site at least thirty (30) days before the applicable date, subject to the following sentence. No advance notice will be given for any changes, including material changes, that Hasbro determines, in its sole and absolute discretion, should be made without notice or with less than 30 days' notice. You will not receive any individual notice, so please check this site from time to time.
Hasbro reserves the right to charge a fee for accounts and/or for use of this Site in the future. If we do so, we will notify the user community by posting information on this Site at least thirty (30) days before any fees become effective. You will not receive any individual notice, so please check this site from time to time. Hasbro reserves the right to terminate any account (and eliminate any information relating to such account) that has been inactive for thirty (30) days or more, in its sole and absolute discretion. Terminated accounts will not be re-activated except by Hasbro in its sole and absolute discretion. You will not receive any notice of deactivation.
User accounts, usernames, passwords, Codes (as defined below) and any virtual objects, items, points or rewards that you may create or "earn" or that are otherwise associated with your account on the Site are not transferable, even between your own accounts, and have no retail or cash value. Any attempts to violate this rule may result in the suspension or termination of your account at Hasbro's sole and absolute discretion.
Your individual account on the Site is valid for a limited period of time as determined by Hasbro in its sole and absolute discretion. Hasbro reserves the right to deactivate, eliminate or modify any individual account at any time, for any reason, without notice.
You may be asked to make up a username and password to access this Site or certain features of this Site. We may also ask you to provide an answer to a special question about you that will help us identify you in case you forget your password in the future. DO NOT use personal information that can identify who you are. If you include information which Hasbro, in its sole and absolute discretion, deems personally identifiable, suggestive, explicit or offensive, then Hasbro may immediately and permanently terminate your account without notice.
You may also be asked to enter a unique code in order to access certain features of this Site ("Codes"). At times, such Codes may be found on or in specially marked Beyblade products, promotions, hand-outs, notices (electronic, online, TV, radio) or other materials. A Code may only be entered once unless specifically stated otherwise by Hasbro. Hasbro is under no obligation to release, continue to release, or honor any Codes. Hasbro may place expiration dates on Codes or limit, modify or discontinue the features to be accessed with Codes. Some Codes may provide different types of access or features than other Codes. Hasbro may disable or discontinue the functionality of any Codes at any time, even after such Codes have been used and/or released. IF HASBRO BELIEVES THAT ANY USER HAS OBTAINED AND/OR USED A CODE IN AN UNAUTHORIZED MANNER, OR THAT CODES ARE BEING ABUSED OR MISUSED, HASBRO MAY, IN ITS SOLE AND ABSOLUTE DISCRETION, SUSPEND OR TERMINATE ANY CODE(S) OR USER ACCOUNT(S) WITHOUT NOTICE.
IT IS IMPORTANT THAT YOU REMEMBER AND KEEP YOUR USERNAME, PASSWORD, SPECIAL QUESTION/ANSWER AND CODE(S) (COLLECTIVELY, "USER INFORMATION") IN A SAFE PLACE OFFLINE, BECAUSE WE DO NOT COLLECT PERSONAL INFORMATION FROM YOU, SUCH AS YOUR EMAIL ADDRESS. IF YOU FORGET ANY OR ALL OF YOUR USER INFORMATION, YOU MAY NOT BE ABLE TO ACCESS CERTAIN FEATURES OF THE SITE.
For certain features of this Site, we will use some or all of your User Information to identify you when you return to our Site. If you forget your User Information you may, at Hasbro's sole and absolute discretion, be subject to your account being terminated, suspended, modified, and/or subject to a recovery method to be determined solely by Hasbro, every condition of which, including timeframe for recovery and/or rejection of user's request for recovery, may be changed by Hasbro at any time without notice.
You hereby agree to adhere to Hasbro's rules for recovery of lost User Information, including but not limited to all interactions with Hasbro Consumer Affairs and Legal Staff. Hasbro is under no obligation to reply to queries related to lost User Information in a timely manner. You accept that methods of recovery of lost User Information and other Hasbro rules, policies and procedures may vary, are subject to change at any time without notice, and are to be solely determined by Hasbro. This extends to usernames, passwords, Codes, special questions/answers, and any combination thereof. This also extends to Hasbro's investigation of suspected fraudulent behavior and all other security-related issues with regard to maintaining ongoing operation of the website, and ensuring the safety and security of all users thereof. The best way to ensure that you continue to enjoy the features of our Site is for you to keep your User Information in a safe place offline. Hasbro may require any or all of this information in response to any inquiries with Hasbro Consumer Affairs, Legal Staff, and/or others.
Ownership of Intellectual Property and Restrictions on Use of Materials
All materials contained on the Site, including, without limitation, codes, software, designs, texts, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and other copyrightable elements, and the selection and arrangements of all of these items, and all trademarks, service marks, trade names, trade dress and patents, are the property of Hasbro, its subsidiary and/or affiliated companies, third party licensors and/or other respective owners (collectively the "Hasbro Materials"), and are protected, without limitation, by U.S. and other foreign copyright, trademark and patent laws. For purposes of this Agreement, the use of any Hasbro Materials on any other website or networked computer environment is prohibited. You are hereby granted a limited, non-exclusive, non-transferable license to copy and display the Hasbro Materials for non-commercial purposes only on your own computer, provided that this license is limited to the display of the Hasbro Materials in their entirety, including but not limited to visual elements such as advertisements that adjoin content. Any attempts to access the Hasbro Materials in a manner that obscures or blocks such adjoining visual elements is a violation of the license granted hereunder. You may not use the Hasbro Materials in a manner that suggests an association with any of our products. You may not make any modifications to any Hasbro Materials.
You may win points and other virtual rewards through playing games and activities. With respect to the games and activities, your chances of winning or earning rewards depend on your skill in playing the game or activity selected, as interpreted solely by the Site's program software. These games and activities are for promotional and entertainment purposes only. By using this Site, you agree to accept, without dispute, the manner in which the program software interprets your game play or other activities on the Site. Hasbro is not responsible for any interpretations or errors made by the program software, and Hasbro reserves the right to modify results in its sole and absolute discretion. Hasbro reserves the right to disregard any complaints about the results of game play or other activities on the Site.
Using the Site
The Site is provided by Hasbro and is intended to be used in a safe and enjoyable fashion. Users of the Site must not use the Site except for its intended purpose. Specifically, but without limitation, users must not:
- Attempt to circumvent the security systems of the Site;
- Attempt to gain access to the Site in a fraudulent manner, including but not limited to using fraudulent or fraudulently obtained Codes;
- Attempt to use the Site in a fraudulent manner, including but not limited to, using cheat codes, exploits or similar measures to gain, or attempt to gain,
- unearned points, items, Codes or access to the Site.
- Attempt to gain access to any other user's accounts;
- Attempt to ascertain any other user's password, Codes and/or personal information by any means whatsoever, including, without limitation, by use of the Site or any other website, or by e-mail communication;
- Attempt to use the Site for any purposes other than those intended by Hasbro, as determined by Hasbro in its sole discretion; or
- Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers, or other equipment.
Hasbro expressly reserves the right, which shall be exercised in its sole discretion, to remove any user from the Site and/or freeze the account(s) of any user who contravenes any of the provisions of the User Agreement, including but not limited to the provisions of this section entitled "Using the Site".
You are completely responsible for maintaining the confidentiality of your username, password, Code(s), and account. IF YOU FORGET OR LOSE YOUR USERNAME AND PASSWORD, YOU WILL NOT BE ABLE TO ACCESS THE SITE. If you forget or lose your password please refer to the "Your Account" section above.
You are completely responsible for all activities that occur under your account. You agree to: (a) immediately notify us of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Hasbro will not be liable for any loss or damage arising from your failure to comply with this section. You may be required to change your password from time to time.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HASBRO, ITS AFFILIATED AND SUBSIDIARY COMPANIES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, AGENTS, THIRD PARTY PROVIDERS, LICENSORS, AND LICENSEES (COLLECTIVELY, THE "HASBRO PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, INCURRED BY ANY OF THE HASBRO PARTIES IN CONNECTION WITH ANY CLAIMS ARISING OUT OF ANY BREACH BY YOU OF THIS USER AGREEMENT OR CLAIMS ARISING FROM YOUR USE OF THIS SITE, OR YOUR ACCOUNT(S). YOU SHALL USE YOUR BEST EFFORTS TO COOPERATE WITH US IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME, AT OUR SOLE EXPENSE, THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
This User Agreement and Hasbro's Terms and Conditions of Use, contains the entire understanding and supersedes all prior understandings or agreements between us with respect to your use of the Site. If any provision of this User Agreement is found to be illegal, void or unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of the remaining provisions, which remaining provisions shall continue in full force and effect. This Agreement will be construed in accordance with the laws of the State of Rhode Island, United States of America.