Terms of Use

Welcome to www.BBGames.com (hereafter the "Website"), which is provided to you by SPIL GAMES BV (hereafter "SPIL"), headquartered in the Netherlands. These terms of use (hereafter "Terms of Use") govern your use of the Website, the content, the software, and the services offered the on the Website (collectively, the "Website").

The fact that you are using the Website signifies that you agree to the Terms of Use, that you consent to our privacy policy (hereafter "Privacy Policy"), and that you consent to receive required notices and transact with us electronically. If you do not agree to the Terms of Use and/or the Privacy Policy, then do not use the Website.

1. CHANGES TO THE TERMS OF USE

The Website may change these Terms of Use at any time. You can review the most current version of these terms by clicking on the "Terms of Use" hypertext link located at the bottom of the Website. You are responsible for checking these terms periodically for changes. If you continue to use the Website after we post changes to these Terms of Use, you are signifying your acceptance of the new terms.

2. ADDITIONAL TERMS

Certain areas of the Website, such as sites where you can download files, may include usage guidelines and rules that will supplement these Terms of Use. By using those services on the Website, you agree to comply with such guidelines and rules.

3. ELECTRONIC DELIVERY POLICY AND YOUR CONSENT

You agree that we may provide to you required notices, agreements, and other information concerning the Website electronically. If you no longer agree to receive notices electronically, you must cease using the Website.

4. FORUM

Although we have not set out to limit people's freedom of speech or discussion, these rules simply strive to keep the boards on topic, productive, and welcoming to all members. Accidental violation of minor rules will not result in strict penalties. We want our users to enjoy our boards and feel that these rules will ensure that everyone can equally do so.
To all who pass through the BBGames Forum:
MAJOR RULES: If you break a rule labeled as a major rule, you will be instantly banned. The staff will decide if the ban is permanent or temporary.

Rule No. 1 - No "Offensive" Posts, Links or Images

You may not post any messages that are obscene, vulgar, hateful, threatening, racist, sexist, discriminatory (sexually or otherwise), or that otherwise violate any local or international copyright laws (including NDAs). This includes links in your signature, profile, and bookmarks as well as posted images, photos, and avatars. SPIL staff will ultimately decide if something is appropriate or not.
This also includes NO discussion of the following:

1. Pornography (in this case, includes all textual and visual erotic material; artistic nudity is not allowed)
2. Warez (or obtaining pay programs for free)
3. Free Servers For P2P or F2P games
4. Roms (we consider it unlikely that people will comply with the ‘legal for 24 hours’ clause by deleting within 24 hours, so these are not welcome here)
5. Game hacking
6. Anime downloading
7. Illegal music downloading
8. Illegal file downloading of any sort
9. KSSN's or any Social Security-type numbers.

Do not post any personal information about any member. This includes IPs, Addresses, and any other personal information.

Rule No. 2 - Mass Spamming

You may not double-post or cross-post the same message in multiple forums. You may not mass-PM or mass-email multiple members of this site with the same message. You may not post for the sake of increasing your post count.

Rule No. 3 - Username Guidelines

You may not register more than one account on BBGames. Users with multiple accounts may find all accounts banned.
You may not create a username that belittles any member of this forum. This is taken as a form of flaming and WILL NOT BE TOLERATED!
Do not register names with excessive special characters, especially and /, or any names which may be misleading. Examples of this include registering a name containing 'admin' or 'administrator.'
You may not register names which may be confused with a member of the BBGames Forum's staff. Registering names that resemble a member of the staff will result in the account being renamed or deleted without notice.
You may not register names which copy existing forum member names and can be seen as troublemaking. Make your name different enough for distinction. Names exactly resembling existing forum members will be revised and may be deleted.
You may not register names for the promotion or advertising of any website, forum, email address, business, activity, or other entity.

Rule No. 4 - Trading

You must not infringe on the EULA of any games; this includes goldselling, account selling, etc. Additionally, you may not post trades of in-game items for real money and/or trade an item in one game for an item in another game. Any such activities on the forums will result in banning. You may trade items within the same game and discuss this on the forums.
MINOR RULES: If you break a rule labeled as minor, you will receive a warning. However, if a minor rule is extremely abused or if it is deemed necessary by a moderator, you may still get banned.

Rule No. 5 - Language Restrictions

Please make all posts in English. This makes moderation easier and also keeps the forums more sociable. Keep any other language to PMs. Repeat offenses will get 1 warning and may be permanently banned.

Rule No. 6 - No "Flaming"

You will not post any messages that harass, insult, belittle, threaten, or flame another member or guest. Personal attacks that are obviously joking between friends are allowed up to a point.
This includes shouting in the forum with the use of totally UPPERCASE sentences in your topic, title, or post.

Rule No. 7 - No "Trolling"

You will not post any topic that disrupts the peace and harmony of the forum. Don't create meaningless threads with the sole purpose of starting a dispute. This includes messages in profiles and signatures.
Please... Do not shout in the forum with the use of totally UPPERCASE sentences in your topic, title, or post.

Rule No. 8 - No "Spamming"

This also means making useless threads or posts that are meaningless, such as making a thread titled "I just ate a pickle" with the message "And it was good."
You may not make posts that clearly have nothing to do with the current topic. We will remove off-topic posts, or they will be moved to the appropriate board.

Rule No. 9 - Keep matters from other forums or sites off BBGames.

Please don’t post problems with BBGames members that have occurred on other sites/forums on the BBGames forum. Keep fights between members in PMs or Messengers.

Rule No. 10 - No Self-Promotion

You may not post anywhere on this site URLs or any messages that are primarily for the promotion or advertising of any websites, forums, email addresses, businesses, activities, or other entities that are intended for profit, which includes but is not limited to affiliate codes (i.e., no self-promotions). This also includes pyramid schemes, gmail, etc.

Rule No. 11 - PM Restrictions

Abuse of the PM system will definitely not be tolerated. Any abuse of the PM system, including threats/flaming, etc., will result in the user being warned and PM privilege being revoked.

Rule No. 12 - Signature Restrictions

All signatures must conform to the following restrictions:
For images in signatures: 1 image up to 400 pixels wide, and no flashy or annoying images.
If you want to have multiple images, please make sure the images are small.
You may not display URLs for the promotion or advertising of any websites, forums, email addresses, businesses, activities, or other entities. BBGames staff members are exempt from this rule.
You are prohibited from having any type of sexually suggestive imagery in your signature.
Ultimately, the staff will decide if a signature breaks the rules or not. If it does, you will be warned and asked to remove it.

Rule No. 13 - Avatar Restrictions

You will not display avatars that harass, insult, belittle, threaten, or flame another member or guest.
Other restrictions are include images that are:

1. Sexually suggestive (includes comically sexual images)
2. Involving sexual acts of any gender or species or combination of genders or any combination of gender and species
3. Vulgar in nature or tending toward belligerence

You may not display avatars for the promotion or advertising of any websites, forums, email addresses, businesses, activities, or other entities. BBGames staff members are exempt from this rule.

Rule No. 14 - Respect the staff

The staff is there to keep the forums clean and running smoothly. Please treat them with respect. Failing to do so may result in punishment. Do the right thing.

Rule No. 15 - Recreating Deleted or Locked Threads

Do not bump old, out-dated posts. Posts may be buried more quickly in sections that are used more often, but, generally, if the post is three or more pages back or two months or older, please don't bump it unless absolutely necessary.
Do not make a post in a thread simply to declare that the topic is old, or to make a play on words declaring such. It is okay to mention that a thread topic is old in a post, but you have to add something substantial afterward.

What happens if I break a rule?

The administrators and moderators of the BBGames Forum have the right to remove, edit, move, or close any thread or post. You may receive a warning for your actions. We also have the right to suspend or ban any member for any breach of the rules or for any other reason with or without warning or notice.

What is an infraction, and how many can I get?

An infraction is a mark on your record, and you are given one when you have broken the rules. Infractions vary in both description and allotted points. After your 3rd active infraction, you will be banned for a week. On return, if you earn your 4th active infraction, you will be permanently banned. Or, if you gain the maximum amount of 10 infractions, active or not, you will be permanently banned as well.

What is a warning, and how many can I get?

Warnings are simply a notice that you have come close to breaking, or have broken, the rules. This gives you a chance to avoid making the same mistake again and does not count toward the infractions listed above. It's advised that you consider what has been written in the warning and try to improve your behavior.

What happens if I get incorrectly banned?

Contact us through the 'Contact Us' button at the top of the page, and please include your username and why the ban was incorrect.

What if I see a message posted that breaks a rule?

Please report these posts or threads to the administrators or moderators of the forum by clicking the report icon in the post’s postbit. The post or thread will be reviewed and action taken as soon as possible. Posting in a thread that broke the rules, and generally posting about the breaking of rules, may in fact result in a warning. So just report the post and leave it.

What is my responsibility as a member?

Please keep these 16 rules in mind when you post. The administrators and moderators of the BBGames Forum have the right to change these rules at any time without notice. It is the responsibility of every member to stay up to date with the current rules.

Why have rules in the first place?

The rules are there for the protection of the community as a whole and to prevent abuse, conflict, and disharmony on the forums.

5. PRIVACY POLICY

The Privacy Policy explains the practices that apply to your information when you use the Website. Your ongoing use of the Website signifies your consent to the information practices disclosed in our Privacy Policy. You can review the Privacy Policy by clicking on the Privacy Policy link on the Website.

6. CHANGES TO THE WEBSITE

We may discontinue or change any service or feature on the Website at any time and without notice.

7. ACCESS COSTS

You must provide at your own expense the equipment and Internet connections that you will need to access and use the Website. If you access the Website through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, if you access the Website through wireless applications (e.g., cell phones), your carrier, such as a wireless carrier, may charge fees for alerts, web browsing, messaging, and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. You are solely responsible for any costs you incur to access the Website through any wireless or other communication service.

8. YOUR RESPONSIBILITIES

You may use the Website for lawful purposes only. You may not submit or transmit through the Website any material, or otherwise engage in any conduct, that:

1. violates or infringes on the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
2. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions or accounts of sexual acts;
3. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
4. impersonates any person, business, or entity, including SPIL and its employees and agents;
5. contains viruses or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise permits the unauthorized use of a computer or computer network;
6. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
7. violates these Terms of Use, guidelines, or any policy posted on the Website; or
8. interferes with the use of the Website by others.

You may not use the Website in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Website. You may not attempt to gain unauthorized access to any services, user accounts, computer systems, or networks through hacking, password mining, or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

9. NO SPAM

You may not use the Website or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending of, unsolicited bulk communications. You may not induce or allow others to use the Website to violate the terms of this section. We may terminate your access or use of the Website immediately and take any other legal action if you, or anyone using your access to the Website, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.

10. LICENSE TO USE THE WEBSITE

Subject to these Terms of Use, you may use the Website and the Content offered on the Website only for personal, non-commercial purposes. You may use Content offered for downloading for personal use only and subject to the rules that accompany that particular Content. You may not use the Content in a manner that exceeds the rights granted for your use of the Content. You may not use any data mining, robots, or similar data-gathering or extraction tools on the Content, frame any portion of the Website or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.

11. AGE RESTRICTIONS

SPIL requires visitors to the Website to be 14 years or older unless they are accompanied by a parent or guardian who is directly supervising them.

By using the Website, you confirm that you are 14 years of age or older or that, if you are under 14 years of age, you are accompanied and directly supervised by a parent or guardian. If you are under 14 years of age, please do not access the Website without your parent or guardian directly supervising you. You agree that, if your computer, internet-enabled device, internet connection, and/or facilities (whether owned, leased, or borrowed) access or assist users in accessing the Website or services, you will not allow or assist, knowingly or unknowingly, children under 14 years old to access the Website or services except while directly supervised by a parent or guardian. You agree that, if you do allow or assist children under 14 years old to access the Website without a parent or guardian directly supervising them with your computer, internet-enabled device, internet connection, and/or facilities (whether owned, leased, or borrowed), you will assume full liability for any consequences and that under no circumstances, including, but not limited to, negligence, will SPIL, any third-party content providers, or their respective agents be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use the site by users under 14 years of age, even if such party has been advised of the possibility of such damages.

12. PROPRIETARY RIGHTS

We own the intellectual property rights to the design of and the information on the Website, including the look and feel of our color combinations, button shapes, and other graphical elements on the Website. Such intellectual property is protected by international treaties and by copyright, trademark, patent, and trade secret laws and other proprietary rights. For example, we own a copyright to the selection, organization, arrangement, and enhancement of the Website, as well as to our original content on the Website.
Proprietary rights to the games
We own the proprietary rights to a large number of the games on the Website and, for certain games, we requested and obtained permission from the copyright holders known to us. For some games, we could not find any copyright information or, due to general use on the Internet, this information can no longer be obtained. Some games may be used under special conditions, considering a number of prerequisite constraints. These prerequisite constraints are, as far as we could determine, met by SPIL. We do not change anything in the source code of the games. For example, credit holders, brand names, or reference to websites remain unchanged.

13. CLAIMS FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS

If, in your view, any copyright or other intellectual property right ("IP right") that you may have is being infringed by/on this Website, please inform us immediately, providing us with:

1. the electronic or physical signature of the owner of the IP right or the person authorized to act on the owner's behalf;
2. a description of the IP right that you claim has been infringed and a description of the infringing activity;
3. identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published, or, in the case of a registered brand name, an excerpt of such register evidencing the registry;
4. if you are not the owner of the IP right, a copy of a license in which you are granted the right to use and to protect such IP right;
5. identification of the URL or other specific location on this site where the material that you claim is infringing is located (this information must be specific enough in order to enable us to localize such material);
6. your name and full contact details; and
7. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

14. THIRD-PARTY SITES; ADVERTISERS

The Website may include links to third-party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. The presence of these links does not mean that we endorse these third-party sites or services. You acknowledge and agree that we are not responsible or liable for any Content or other materials on these third-party sites. Any dealings that you have with advertisers found on the Website are between you and the advertiser, and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.

15. USE OF SOFTWARE

We may make software available for you to download or use. Such software will be subject to the terms of the license agreement that accompanies it. If there is no license agreement presented to you with the software, then the following license, in addition to the other terms of these Terms of Use, govern your use of such software. We grant you a personal, non-exclusive, non-transferable, limited license to install the software on any single computer. The software is protected by copyright and other intellectual-property laws and treaties and is owned by us or our suppliers. You may not sell or redistribute the software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile, or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt, or create derivative works from the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations in effect regarding your use of the software. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.

We may automatically check your version of the software and update it to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.

You agree to fully comply with all import and export laws, regulations, rules, and orders of the Netherlands or any other foreign (inter alia the United States) government agency or authority, and that you will not directly or indirectly export, re-export, transfer, and/or release the software, related technology, or any product thereof for any proscribed end-use or to any proscribed country, entity, or person (wherever located), without proper governmental authorization. You bear full responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules, and orders, and for obtaining all necessary authorizations and clearances. You further agree to assume responsibility for and bear all expenses relating to your compliance with the described laws, regulations, rules, and orders and obtaining all necessary authorizations and clearances.

16. DISCLAIMER OF WARRANTIES

We provide the Website as is, with all faults and as available. We and our suppliers make no express warranties or guarantees about the Website. SPIL is not obligated to supply any support whatsoever. To the extent permitted by law, we and our suppliers disclaim implied warranties that the Website and all software, content, and services distributed through the Website are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. We do not guarantee that the Website will meet your requirements, is error-free, reliable, without interruption, or available at all times. We do not guarantee that the results that may be obtained from the use of the Website, including any support services, will be effective, reliable, accurate, or will meet your requirements. We do not guarantee that you will be able to access or use the Website (either directly or through third-party networks) at all times or locations of your choosing. No oral or written information or advice given by a representative of SPIL shall create a warranty. You may have additional consumer rights under your local laws that this contract cannot change.

17. LIMITATION OF LIABILITY

Your sole and exclusive remedy for any dispute with us is to discontinue your use of the Website. In no event shall our liability, or the liability of our parent and our suppliers, for any and all claims relating to the use of the Website exceed the total amount of service fees that you paid us during a one-year period for the specific service at issue.

We, our parent, our content partners, and our suppliers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of, inability to use, or reliance upon the Website. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. Because some countries, states, or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries, states, or jurisdictions, our liability, and the liability of our parent and suppliers, shall be limited to the extent permitted by law.

18. INDEMNIFICATION

Upon a request by us, you agree to defend, indemnify, and hold harmless us, our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

19. INTERNATIONAL USE

We make no representation that Content on the Website is appropriate or available for use in locations outside the Netherlands, and accessing it from territories where the Content is illegal is prohibited. If you choose to access the Website from a location outside the Netherlands, you do so on your own initiative and you are responsible for compliance with local laws.

20. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

You agree that the laws of the Netherlands govern this contract and any claim or dispute that you may have against us, without regard to Dutch conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the Netherlands and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Please note that, by agreeing to these terms of use, you are: (1) waiving claims that you might otherwise have against us based on the laws of other jurisdictions, including your own; (2) irrevocably consenting to the exclusive jurisdiction of, and venue in, courts in the Netherlands over any disputes or claims you have with us; and (3) submitting yourself to the personal jurisdiction of courts located in the Netherlands for the purpose of resolving any such disputes or claims.

21. SEVERABILITY AND INTEGRATION

This contract and any supplemental terms, policies, rules, and guidelines posted on the Website constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

22. TERMINATION

Your right to use the Website automatically terminates if you violate these Terms of Use or any rules or guidelines posted in connection with the Website. We also reserve the right, at our sole discretion, to terminate your access to all or part of the Website, for any reason, with or without notice.