Terms of Use
JOEY DREW STUDIOS INC. (“Joey Drew Studios” / “We” / “Us”) OWNS AND OPERATES THE BENDY AND THE INK MACHINE GAME FRANCHISE AND MOBILE APPS (the “APP”) AND THE WEBSITE LOCATED AT WWW.BENDYANDTHEINKMACHINE.COM (THE “WEBSITE”). THESE TERMS OF USE APPLY TO ALL INDIVIDUALS WHO USE THE APP, WEBSITE OR THE SERVICES, AS DEFINED BELOW (“USERS”).
PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS WEBSITE OR APP YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE (“TERMS”). IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THE APP, WEBSITE OR ANY CONTENT OR SERVICES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY JOEY DREW STUDIOS FROM TIME TO TIME WITHOUT NOTICE. THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE, AND IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. YOUR USE OF THE APP, WEBSITE OR SERVICES AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS.
FOR INFORMATION ON HOW WE USE YOUR PERSONAL INFORMATION, PLEASE SEE OUR PRIVACY POLICY, THE TERMS OF WHICH FORM AN INTEGRAL PART OF THESE TERMS. IF YOU DO NOT AGREE WITH THE TERMS OF THE PRIVACY POLICY DO NOT USE THE JOEY DREW STUDIOS WEBSITE OR SERVICES
1. SERVICES AND REGISTRATION
1.1 Services. Joey Drew Studios is the creator and owner of the Bendy and the Ink Machine video game franchise (the “BATIM”), including all video games, the App, the BATIM online store and related retail services (collectively, the “Services”).
1.2 Account. In order to use certain Services, Users may be required to register for an account (your “Account”). When you register for the Account, you will be required to provide certain information, which is subject to our Privacy Policy. You agree to provide accurate registration information. After you have registered for an Account you can login using the email address you provided for registration. You will also be required to select a password. You are responsible for all activity occurring on your Account, so please select a strong password. Please keep your password secure, and do not share it with any other individual. We will not be liable for any damages caused by virtue of the compromise of your Account or password, including any unauthorized access to your Account or use of your Account or any information contained therein. Please contact us immediately if you suspect or become aware of any unauthorized use of your Account or any other breach of security.
1.3 Online Store. The BATIM online store is operated and hosted by our third-party partners. Any purchases made through the BATIM online store, which is available through the Website, are subject to additional terms of service and a refund policy (the “Online Store Terms”) which are available for viewing on the online store.
2. USER RESPONSIBILITIES AND RESTRICTIONS
You are responsible for all activity occurring on your Account and for the compliance with these Terms. Without limiting the generality of the foregoing, You agree that You will not:
use the App other than as permitted by these Terms;
share your login information with any individual;
use the App or Website to send, store, publish, post, upload or otherwise transmit any information in violation of any laws, rules or regulations including those relating to and privacy, or in violation of any of Your warranties, representations or obligations under these Terms;
license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the App available to any third party;
use the App to upload, collect, transmit, store, use or process any information or other data: (i) that You do not have the lawful right to copy, transmit, distribute, and display (ii) for which You do not have the consent or permission from the owner of any personal information contained therein; (iii) that is tortious, defamatory, obscene, or offensive; or (iv) that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability;
use the App to send, store, publish, post, upload or otherwise transmit any viruses, Trojan horses, worms, time bombs, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another;
continue to use the App in a manner that interferes with or disrupts the integrity or performance of the App following a notice from Joey Drew Studios of such use;
attempt to gain unauthorized access to the App or its related systems or networks;
use or knowingly permit the use of any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the App;
use any data mining, robots or similar data gathering or extraction methods;
access the App for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the App;
use the Website or App to do anything contrary to our Fan Content Policy; or
copy, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the App or any part thereof or otherwise attempt to discover any source code or modify the App, except as expressly provided for in these Terms.
Joey Drew Studios reserves the right to terminate, limit, or suspend User access to the App or Website for any User breach of these restrictions or any other violation of any other term of these Terms.
3. BATIM INTELLECTUAL PROPERTY AND LICENSE
The Website, App, Services and the information and materials contained therein (except for information and material provided by Users of the Services), are the property of Joey Drew Studios and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these Terms of Use, we grant you a non-transferable, non-exclusive, license to use the Website and App for your individual use, and not for the use of any other person or individual. The App is licensed to you and not sold. Nothing in the Terms of Use gives you a right to use the brand names, trademarks, logos, domain names, and other distinctive brand features we provide the Services under without our prior written consent, provided that you may use certain BATIM intellectual property for personal use in accordance with our Fan Content Policy. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website or App. Any future release, update, or other addition to functionality of the Website, App and Services shall be subject to the terms of these Terms of Use.
4. USER CONTENT
4.1 User Content. All information, data, text, software, sound, images, graphics, messages or other materials, including personal information (“User Content”) transmitted to the App by Users is the sole responsibility of Users. This means that the User, and not Joey Drew Studios, is entirely responsible for all such material uploaded, transmitted or otherwise made available by using the App and Services. Users are solely responsible for obtaining all necessary consents and making all necessary disclosures required in connection with any and all User content. Joey Drew Studios does not control User Content uploaded to the App and as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will Joey Drew Studios be liable in any way for any User Content, including, but not limited to, any errors or omissions in any materials or for any loss or damage of any kind incurred as a result of the viewing or use of any User Content posted, uploaded, transmitted or otherwise made available on the App.
4.2 License to User Content. Except for the material that We license to you pursuant to Section 3 of these Terms, Joey Drew Studios does not claim ownership of any of the materials or User Content created, transmitted, uploaded, stored or otherwise made available on the App by You through your use of the Services. You hereby grant to Joey Drew Studios a limited license to collect and store User Content for the purpose of providing the Services. You further grant Joey Drew Studios a perpetual, irrevocable, and unlimited licence to use, store, and manipulate User Content to create aggregated and anonymized statistical analytics in respect to App use and other Services and User parameters and characteristics in accordance with the Joey Drew Studios Privacy Policy.
4.3 Feedback. If You provide Joey Drew Studios with any suggestions, comments or other feedback (“Feedback”) relating to the Website, App or Services, Joey Drew Studios may use such Feedback in the website or in any other Joey Drew Studios products or services (collectively, “Joey Drew Studios Offerings”). Accordingly, You agree that: (i) Joey Drew Studios is not subject to any confidentiality obligations in respect to the Feedback, (ii) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Joey Drew Studios, (iii) Joey Drew Studios (including all of its successors and assigns and any successors and assigns of any of the Joey Drew Studios Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Joey Drew Studios Offerings; and (iv) You are not entitled to receive any compensation or re-imbursement of any kind from Joey Drew Studios or any of the other users of the Website or App.
5. TERM; TERMINATION
5.1 Termination by Joey Drew Studios. Joey Drew Studios retains the right to terminate these Terms and/or your ability to access the App and Services at any time without notice to You if any of the following occur: (i) material breaches or violations of these Terms of Use; (ii) request by law enforcement or other government agencies; (iii) discontinuance or material modification to the Website and/or App and Services (or any part thereof); (iv) unexpected technical, security or legal issues or problems, and/or participation by You, directly or indirectly, in fraudulent or illegal activities (including, but not limited to falsification of your credentials).
5.2 Effect of Termination. In the event of termination, Joey Drew Studios reserves the right to delete any information in the User Account that it is not required by law to retain.
6. IMPORTANT DISCLAIMERS
6.1 Internet Security Disclaimer. You understand that the transmission of User Content is necessary to use of the Services. Therefore, You expressly consent to Joey Drew Studios’ storage of User Content, which will involve transmission over the Internet, and over various networks, only part of which may be owned and/or operated by Joey Drew Studios. Joey Drew Studios is committed to protecting your privacy and we have safeguards in place that comply with applicable laws, rules and regulations relative to storing personal information; however, You acknowledge and understand that User Content may be accessed by unauthorized persons when communicated across the Internet, network communications facilities, or other electronic means. Joey Drew Studios is not responsible for any User Content which is delayed, lost, altered, intercepted or stored during the transmission of any data whatsoever across public networks not owned or operated by Joey Drew Studios, including, the Internet and your local network. You agree that Joey Drew Studios is not in any way responsible for any interference with Your use of or access to the Services or security breaches arising from or attributable to the Internet and You waive any and all claims against Joey Drew Studios in connection therewith.
6.2 DISCLAIMER OF ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT LIMITATION, JOEY DREW STUDIOS DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE ANN APP WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE, APP OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JOEY DREW STUDIOS SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR MERCHANTABLE QUALITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. JOEY DREW STUDIOS DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND JOEY DREW STUDIOS SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL JOEY DREW STUDIOS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF JOEY DREW STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, JOEY DREW STUDIOS’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL OF ANY AMOUNTS PAID BY YOU TO JOEY DREW STUDIOS IN THE TWO MONTHS PRECEDING THE DATE THAT THE CLAIM WAS FIRST MADE AGAINST JOEY DREW STUDIOS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
8. INDEMNIFICATION
YOU SHALL INDEMNIFY, DEFEND AND HOLD JOEY DREW STUDIOS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, SERVICE PROVIDERS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE WEBSITE OR APP, YOUR USE OF THE WEBSITE OR APP, ANY VIOLATION BY YOU OF THESE TERMS OF USE, OR ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY), OR ANY VIOLATION BY YOU OF ANY APPLICABLE LAWS, RULES AND REGULATIONS GOVERNING THE COLLECTION, ACCESS, USE, DISCLOSURE AND STORAGE OF PERSONAL INFORMATION AND PERSONAL HEALTH INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY CONSENT REQUIREMENTS THEREIN.
9. THIRD PARTY CONTENT
This Website and App may contain advertisements and/or links to other websites that are not owned or controlled by Joey Drew Studios. Joey Drew Studios is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website or App are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the website of a link to any non-Joey Drew Studios websites does not imply that Joey Drew Studios endorses or accepts any responsibility for the content or use of such websites, and You hereby release Joey Drew Studios from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
10. GENERAL
10.1 Enforcement of these Terms. If any part of these terms of use is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure of Joey Drew Studios to exercise or enforce any right or provision under these terms of use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Joey Drew Studios must be in writing and shall only apply to the specific instance identified in such writing. No waiver by Joey Drew Studios of any provision of these terms of use shall be deemed to be a further or continuing waiver of such provision or any other provision. You agree that any cause of action that You may have arising out of or related to this website or Your use of this website must commence within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
10.2 Assignment. You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Joey Drew Studios’ prior written consent. Joey Drew Studios may assign the terms of use, or any rights or licenses granted hereunder, at any time without notice.
10.3 Survival. In addition to Sections 3, 4, 5, 6, 7, 8, 10.1, 10.3, 10.4, 10.5 and 10.6 all representations, warranties and conditions made by You in these Terms of use shall survive the termination of these Terms. Unless otherwise explicitly identified as terminating elsewhere in these Terms, all licenses granted by You in these Terms of use shall survive their termination. All payment obligations incurred by You prior to the termination of these Terms of use shall survive their termination.
10.4 Entire Agreement. These Terms of Use, together with the Online Store Terms, Joey Drew Studios Privacy Policy, and the Fan Content Policy, constitute the entire agreement between the parties relating to the website and all related activities. These terms of use shall not be modified except in writing signed by both parties or by a new posting of these terms of use issued by Joey Drew Studios.
10.5 Export. You acknowledge and agree that the App and Services may be subject to export and import controls under the regulations of Canada, the United States and other countries, and you shall comply with all export and import control regulations of such countries. You shall not use the App or Services for any purposes prohibited by export laws, including, without limitation, nuclear, chemical or biological weapons proliferation. You shall be responsible for procuring all required permissions for any subsequent export, import or use of the App or Services.
10.6 Choice of Law. These Terms and any action related thereto shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law principles. The Parties hereby irrevocably attorn to the exclusive personal jurisdiction and venue of the courts sitting in Ottawa, Ontario.
10.7 English Language. It is the express wish of the parties that these Terms and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais
10.8 Contact. If you have any questions about these Terms of Use or if you wish to make any complaint or claim with respect to the Website, App or Services please contact us at:
Last Updated: August 1, 2018