For all purposes, this English language version of this Agreement shall be the original, governing instrument and understanding of the parties. In the event of any conflict between this English language version of the Agreement and any subsequent translation into any other language, this English language version shall govern and control.
The Bungie.net Web Site is comprised of various Web pages, including Bungie.net, Bungie.com and BungieStore.com operated by Bungie Inc. ("Bungie") (the "Bungie Web Sites"). Bungie also provides applications for your mobile devices ("Bungie Mobile Apps") through which we offer various services (the "Bungie Mobile Services"). Together, we will refer to the Bungie Mobile Apps, Bungie Mobile Services, Bungie Web Sites, and Software (as defined below) as the "Bungie Services".
The Bungie Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (collectively, these “Terms”). Your download, install or use of any of the Bungie Services constitutes your agreement to all such terms, conditions, and notices. By registering with us or using or browsing the Bungie Services, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions. If you do not agree to these Terms, please stop using the Bungie Services. Your use of the Bungie Services is also subject to the Bungie Privacy Statement located at https://www.bungie.net/en/View/bungie/privacy, which is incorporated by reference into these Terms. The Bungie Services may also contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas) ("Additional Terms").
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within the Bungie Services, then these Terms shall control.
The Bungie Services are not directed to children younger than 13 and are offered only to users 13 years of age or older. If you are under 13 years old, please do not use the Bungie Services. Any person who provides their personal information through the Bungie Services represents to us that they are 13 years of age or older. You hereby represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms. If you are using the Bungie Services as a representative of a company or legal entity, (i) you represent that you have the authority to enter into these Terms on behalf of that company or entity, and (ii) you agree that the terms "you" and "your" in these Terms refers to your company or legal entity.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Bungie Services are for your personal and non-commercial use. Except as expressly provided in these Terms, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Bungie Services.
LINKS TO THIRD PARTY SITES AND THIRD PARTY SERVICES
The Bungie Services may contain links or functionality that use or point to other Web Sites or services ("Third Party Services"). The Third Party Services are not under the control of Bungie and Bungie is not responsible for the contents of any Third Party Service, including without limitation any link contained in a Third Party Service, or any changes or updates to a Third Party Service. Bungie is not responsible for webcasting or any other form of transmission received from any Third Party Service. Bungie is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Bungie of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Bungie Services you warrant to Bungie that you will not use the Bungie Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If you connect to your Bungie account or otherwise access the Bungie Services through a Third Party Service, you warrant to Bungie that you are in full compliance with all terms and conditions governing your use of such Third Party Service. You may not use the Bungie Services in any manner which could damage, disable, overburden, or impair the Bungie Services or interfere with any other party's use and enjoyment of the Bungie Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Bungie Services.
USE OF COMMUNICATION SERVICES
The Bungie Services may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Impersonate any other individual or entity.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
Bungie has no obligation to monitor the Communication Services. However, Bungie reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Bungie reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Bungie reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Bungie’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Bungie does not control or endorse the content, messages or information found in any Communication Service and, therefore, Bungie specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Bungie spokespersons, and their views do not necessarily reflect those of Bungie.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Additionally, by using the Bungie Services you agree to comply with the Bungie Code of Conduct located at https://www.bungie.net/en/View/bungie/conduct, which is incorporated by reference into these Terms.
MATERIALS PROVIDED TO BUNGIE OR POSTED TO THE BUNGIE SERVICES
Bungie does not claim ownership of the images, video, text, or other materials you provide to Bungie (including feedback and suggestions) or post, upload, input or submit to any Bungie Service or associated services (collectively "Submissions"), to the extent what you post does not include materials provided to you or otherwise owned by Bungie or its licensees. However, by posting, uploading, inputting, providing or submitting your Submission you hereby grant Bungie, its affiliated companies and sublicensees, a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicenseable and transferable license to reproduce, distribute, prepare derivative works of, display, perform and otherwise use your Submissions in connection with the Bungie Services and Bungie’s (and its successors' and affiliates') business, including, without limitation, distributing your Submissions in all current and future media in which the Bungie Services may now or hereafter be distributed or transmitted and to publish your name in connection with your Submission. This license grant will survive any expiration or termination of these Terms.
No compensation will be paid with respect to the use of your Submission. Bungie is under no obligation to post or use any Submission you may provide and may remove any Submission at any time.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission (excluding materials provided to you by Bungie for the purpose of making your Submission).
SERVICE PROVIDED CONTENT
"Service Provided Content" consists of those materials provided to you (e.g., unlockable content, accounts, stats, virtual assets, virtual currencies, codes, and achievements) in connection with use of the Bungie Services. While the Bungie Services may allow you to “earn”, "buy", or "purchase" Service Provided Content within or in connection with gameplay, you do not in fact own or have any property interest in the Service Provided Content. Unless otherwise specified in writing, any Service Provided Content that you receive is licensed to you as set forth herein, and you shall have no ownership right thereto. Unless specifically permitted by Bungie, you may not, sell, lend, rent, trade, or otherwise transfer any Service Provided Content. Service Provided Content may not be transferred or resold by you for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Service Provided Content may be altered, removed, deleted, or discontinued by Bungie at any time (e.g., upon termination of this Agreement and/or cessation of online support for the Bungie Services), even if you have not “used” or “consumed” the Service Provided Content prior to alteration, removal, deletion, or discontinuation.
Without limiting the above, Service Provided Content may include virtual coins, points or other virtual currencies (“Virtual Currency”). By purchasing or otherwise acquiring Virtual Currency, you obtain a limited license (which is revocable by Bungie at any time unless otherwise required by applicable laws) to access and select from other Service Provided Content. Virtual Currency has no monetary value and does not constitute currency or property of any type. Virtual Currency may be redeemed for other Service Provided Content only, if at all. Virtual Currency cannot be sold or transferred, and cannot be exchanged for cash or for any other goods and services, except for other Service Provided Content, where applicable. Subject to applicable local law, Virtual Currency is non-refundable. You are not entitled to a refund or any other compensation such as Service Provided Content for any unused Virtual Currency and unused Virtual Currency is non-exchangeable.
There may be Service Provided Content (should you choose to purchase it) which will require you to make a payment with real money, the amount of which will be set out in the Bungie Services. All Service Provided Content will be made available immediately when you purchase it with real money and you acknowledge that this is the case and that you will have no right to change your mind and cancel (sometimes known as a 'cooling off' right) once your purchase is complete.
All Service Provided Content are unconditionally forfeited if your Bungie account is terminated or suspended for any reason, in Bungie’s sole discretion, or if Bungie discontinues any Service Provided Content program. Bungie has no liability for hacking or loss of your Service Provided Content. Bungie has no obligation to, and will not, reimburse you for any Service Provided Content lost due to your violation of these terms and conditions. Bungie reserves the right, without prior notification, to limit the order quantity on any Service Provided Content and/or to refuse to provide you with any Service Provided Content. Price and availability of Service Provided Content are subject to change without notice.
VIRTUAL CURRENCY AND VIRTUAL ITEMS
You may have the opportunity to use virtual, in-game or in-app currency ("Virtual Currency") or license a variety of virtual, in-game or in-app items ("Virtual Items") that can be used through the Bungie Mobile App or Bungie games. You may be required to pay a fee to obtain Virtual Items or Virtual Currency. You have no property interest in any Virtual Currency or Virtual Items. Any purchases of Virtual Currency or Virtual Items (whether through actual monetary transactions or accumulation through membership benefits or gameplay) are purchases of a limited, non-transferable, revocable license to use such Virtual Items or Virtual Currency within the applicable Bungie Mobile App or Bungie game. Virtual Currency and Virtual Items may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual Currency and Virtual Items have no monetary value, and cannot be used to use products or services other than within the applicable Bungie Mobile App or Bungie game. Virtual Currency and Virtual Items cannot be refunded or exchanged for cash or any other tangible value. If you do not redeem your Virtual Currency or Virtual Items, so long as your Bungie account remains active and in good standing, you will be offered an opportunity to convert any unused Virtual Currency or Virtual Items into one or more in-game or other options determined by Bungie in its sole discretion. All Virtual Currency and Virtual Items are unconditionally forfeited if your Bungie account is terminated or suspended for any reason, in Bungie’s sole discretion, or if Bungie discontinues any Virtual Currency or Virtual Item program. Bungie has no liability for hacking or loss of your Virtual Currency or Virtual Items. Bungie has no obligation to, and will not, reimburse you for any Virtual Currency or Virtual Items lost due to your violation of these terms and conditions. Bungie reserves the right, without prior notification, to limit the order quantity on any Virtual Currency or Virtual Items and/or to refuse to provide you with any Virtual Currency or Virtual Items. Price and availability of Virtual Currency and Virtual Items are subject to change without notice.
ACCOUNT INFORMATION AND PASSWORD
BUNGIE MOBILE APPS GENERALLY
Unless you downloaded the Bungie Mobile App on the Apple App Store, Bungie hereby grants to you, the user, a personal, noncommercial, non-transferable license to use one (1) copy of the Bungie Mobile Apps solely on the mobile device for which that Bungie Mobile App was created, and for no other purpose, provided that you keep intact all copyright and other proprietary notices. All Bungie Mobile Apps are owned by Bungie and/or its suppliers and are protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Bungie Mobile Apps is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE BUNGIE MOBILE APPS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Bungie Mobile Apps, and any accompanying documentation and/or technical information, are subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries, individuals or organizations that are subject to USA export restrictions. You hereby authorized Bungie to access and use the address book, contact lists or other similar items contained in the devices to which you have downloaded the Bungie Mobile Apps for purposes of your use of the Bungie Mobile Apps and Bungie Mobile Services as further described in the Bungie Privacy Statement.
BUNGIE MOBILE APPS ON THE APPLE APP STORE
This Section shall apply to you only if you have downloaded the Bungie Mobile App from the Apple App Store (in addition to the terms in the Section titled "Bungie Mobile Apps Generally" except for the license grant in that Section). Bungie and you acknowledge that these Terms are entered into solely between you and us, and not with any third party, including Apple, Inc. These Terms are not intended to provide for usage rules for the Software that are less restrictive than, or otherwise conflict with, the Usage Rules set forth for Licensed Applications in the App Store Terms of Service as of the date hereof (which you acknowledge you have had the opportunity to review and accept). Subject to all the terms and conditions herein, Bungie hereby grants you a personal, limited, non-commercial, nonexclusive, non-sublicensable, non-assignable, revocable license to download, install and use one (1) copy of the Bungie Mobile App, in object code form, only on your App Store compatible device (the "Device") for the sole purpose of personally using the Bungie Services and as permitted by the Usage Rules set forth in the App Store Terms of Service as of the date hereof. You acknowledge that, in the event of any third party claim that the Bungie Mobile App or your possession and use of the Bungie Mobile App infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You further acknowledge that Apple has no responsibility for addressing any claims relating to the Bungie Mobile App or Bungie Mobile Services or your possession and/or use of the Bungie Mobile App or Bungie Mobile Services, including but not limited to (i) product liability claims; (ii) any claim that the Bungie Mobile App or Bungie Mobile Services fails to conform to any applicable legal or regulatory requirement; and (iii) any claims arising under consumer protection or similar legislation. Only with respect to Bungie Mobile Apps distributed through the Apple App Store, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these terms, and that, upon your acceptance of the terms and conditions of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third-party beneficiary hereof.
SOFTWARE AVAILABLE ON THE BUNGIE WEB SITES
Software (if any) that is made available to download from the Bungie Web Sites, excluding software that may be made available by end-users through a Communication Service, ("Software") is the copyrighted work of Bungie and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). The Software License Agreement for Destiny, as updated from time to time, is located at http://www.bungie.net/eula. You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Bungie hereby grants to you, the user, a personal, noncommercial, non-transferable license to use the Software for viewing and otherwise using the particular Bungie Web Sites in accordance with these Terms, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All Software is owned by Bungie and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries, individuals or organizations that are subject to USA export restrictions.
GAME CONTENT USAGE RULES
Your use of our data and content must be non-commercial, unless you obtain Bungie’s prior written permission. That means you don't own our stuff, so you can't sell it, use it to sell other things, or give other people permission to use it. The license that we grant to you only covers the things that we create: the “Bungie Content” (as defined below). If we have a license to use someone else’s music or art, we can’t extend it to you, so you’ll have to reach out to them for permission.
We ask that you put some time and effort into your content. Make it your own. Don't just upload a copy of our video and slap ads on it. We don't slap ads on our own stuff. If you do that, we reserve the right to have the content removed and send you a nasty letter.
In fact, we can change this policy, or order you to stop sharing our content for any reason, at any time without warning, even if we have previously given you permission. We have a hard time imagining why we’d do that, but we reserve the right.
All of your use of the Bungie Content must comply with these Terms and the Content Usage Rules (as defined below).
You may use game footage, screenshots, and other elements of Bungie games that are owned by Bungie (“Bungie Content”) to create your own content (“Your Content”) provided that you must comply with these Terms and all of the following restrictions (the “Content Usage Rules”):
You must not use Bungie Content to create any infringing, threatening, libelous, obscene, or otherwise unlawful or tortious material.
You must not sell or earn any revenue or other compensation from Your Content, including any advertising revenue or subscription revenue.
You must not post Your Content or Bungie Content on any page that is used to sell products or services or use Your Content or Bungie Content in apps that are distributed for a fee, or in which fees are collected (e.g., “freemium apps”) or advertising revenue is received.
You must not use the name of any Bungie games in the title of Your Content.
You must not grant anyone else an exclusive license to distribute Your Content.
Your Content must not infringe any intellectual property rights, violate any person’s rights (such as right to privacy), or misappropriate any person’s intellectual property.
You can use Your Content on a page on which you make a donations request.
You can use Your Content to enter a contest so long as the contest organizers comply with the Content Usage Rules.
Anyone else who uses Your Content must follow the Content Usage Rules.
You must obtain Bungie’s prior written permission for any use of Bungie Content or Your Content not in accordance with the Content Usage Rules. If you don’t obtain Bungie’s prior written permission and you violate any of the Content Usage Rules, your license to use the Bungie Content will terminate automatically.
If you share Your Content with anyone else, (a) you grant to Bungie a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, sub-licensable, transferable license to Bungie and its assigns to use, create derivative works of, distribute, display and perform Your Content and to use your name if Bungie chooses in connection with Your Content, in each case, without paying any compensation to you, and (b) you must include the following notice about the Bungie Content with Your Content, whether in a README file, on the appropriate web page, or anywhere else that makes sense so that users of Your Content see the notice:
“© Bungie, Inc. All rights reserved. Destiny, the Destiny Logo, Bungie and the Bungie logo are among the trademarks of Bungie, Inc.”
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Bungie Services are solely between you and such advertiser. YOU AGREE THAT BUNGIE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SOFTWARE OR SERVICE.
You agree to indemnify and hold harmless Bungie, and its parent, subsidiaries, affiliates, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs or debt and expenses (including attorney’s fees) arising out of (i) your use or misuse of any of the Bungie Services; (ii) your Submissions, including Bungie’s use, display or other exercise of rights granted herein with respect to your Submissions; (iii) your violation of these Terms; (iv) your violation of the rights of any other person or entity, including claims that any Submission infringes or violates any third party intellectual property rights; and (v) your breach of the representations, warranties, and covenants herein. Bungie reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Bungie. Bungie will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES (INCLUDING THIRD PARTY SERVICES) INCLUDED IN OR AVAILABLE THROUGH THE BUNGIE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BUNGIE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BUNGIE SERVICES AT ANY TIME. ADVICE OR INFORMATION RECEIVED VIA THE BUNGIE SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
BUNGIE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE BUNGIE SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, BUNGIE MOBILE APPS, PRODUCTS, BUNGIE SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BUNGIE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, BUNGIE MOBILE APPS, PRODUCTS, BUNGIE SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR CLARITY, UNDER THIS SECTION, IF YOU DOWNLOADED A BUNGIE MOBILE APP FROM THE APPLE APP STORE, BUNGIE’S SUPPLIERS INCLUDE APPLE, INC. WITH RESPECT TO SUCH BUNGIE MOBILE APP AND THE BUNGIE MOBILE SERVICES AVAILABLE THROUGH IT. You further acknowledge that Bungie and/or its suppliers (including, if you downloaded the Bungie Mobile App from the Apple App Store, Apple, Inc.) have no obligation whatsoever to furnish any maintenance or support services with respect to any of the Bungie Services.
Bungie reserves the right, in its sole discretion, to terminate your access to any or all Bungie Services and the related services or any portion thereof at any time, without notice.
You are solely responsible for your involvement with other users of the Bungie Services. If you have a dispute with one or more users, you release Bungie (and Bungie's parent, subsidiaries, Affiliates, officers, directors, agents, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You may from time to time choose, in your sole discretion, to provide suggestions, comments, improvements, ideas, recommendations or other feedback or materials to us related to the Bungie Services or our other products and services, including, without limitation, through any Bungie Service, or in connection with surveys or on third party sites, including, without limitation, Facebook and Twitter ("Feedback"). If you choose to provide us any such Feedback, you hereby grant Bungie a nonexclusive, perpetual, irrevocable, transferable, sublicensable, royalty free, fully paid up license to use such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you.
These Terms are governed by the laws of the State of Washington, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the Bungie Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bungie as a result of these Terms or use of the Bungie Services. Bungie’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Bungie’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Bungie Services or information provided to or gathered by Bungie with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, these Terms constitute the entire agreement between you and Bungie with respect to the Bungie Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Bungie with respect to the Bungie Services. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Bungie Services, Software or Bungie Mobile Apps are: Copyright © Bungie Inc. and/or its suppliers. All rights reserved.
Bungie, Destiny and/or other related products referenced herein are either trademarks or registered trademarks of Bungie Inc. or its suppliers. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. If you believe that your work has been posted on a Bungie Web Site in a way that constitutes copyright infringement, please contact Bungie at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the Site where the material that you claim is infringing is located; (3) your address, telephone number, and email address; (4) 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; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Bungie’s designated agent for notice of copyright infringement can be reached at:
550 106th Avenue NE
Bellevue, WA 98004-5088
The terms, conditions and notices governing the Bungie Services, Bungie Mobile Apps and Software are drafted in the English language and, in the event of any conflict between the English language version of these terms, conditions and notices and any translation hereof, the English language version will govern.
BUNGIE.NET API TERMS AND CONDITIONS
Access to the Bungie.net API
No Commercial Use
You may not use the Bungie.net API for commercial purposes unless you obtain Bungie’s prior written permission. If your use of the Bungie.net API generates any revenue, your use is commercial. If you are in doubt about whether your application is commercial, here are a few common examples of commercial use that may provide you some guidance:
Users are charged a fee for your product or service that includes some sort of integration using the Bungie.net APIs;
You sell services to Bungie.net users and use the APIs to bring users' Bungie.net content into your service;
Your site uses API Data to drive traffic and generate ad revenue.
Brand Feature License
In using Brand Features, you will not:
Display a Brand Feature in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by Bungie, other than your use of the Bungie.net API, or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of Bungie or Bungie personnel;
Use Brand Features to disparage Bungie, its products or services;
Display a Brand Feature in your API Client or on your site if your API Client or site contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age;
Have the Bungie logo as the largest logo in your API Client;
Display a Brand Feature as the most prominent element in your API Client;
Display a Brand Feature in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to Bungie;
Display a Brand Feature in your API Client that violates any law or regulation; or
Remove, distort or alter any element of a Brand Feature (this includes squeezing, stretching, inverting, discoloring, etc.).
Except as set forth in this Section, nothing in these Terms will grant or will be deemed to grant you any right, title or interest in or to Brand Features. All use by you of Brand Features (including any goodwill associated therewith) will inure to the benefit of Bungie. At no time will you challenge or assist others to challenge the Brand Features of Bungie (except to the extent such restriction is prohibited by law) or the registration thereof by Bungie, nor will you attempt to register any Brand Features (including domain names) that are confusingly similar in any way (including but not limited to, sound, appearance and spelling) to those of Bungie or its licensors.
The Bungie.net API and the API Data are provided without warranties express or implied. Bungie may change, suspend, or discontinue any aspect of the Bungie.net APIs at any time, including the availability of any Bungie.net APIs to you or any other user without prior notice. Bungie may also impose limits on certain features and services or restrict your access to parts or all of the Bungie.net APIs without notice or liability.
Restrictions on Use
Your use of the Bungie.net API is subject to the following restrictions:
All calls to the Bungie.net API must reference the Bungie.net API Key ("API Key") issued to you as an approved user.
You agree to keep your API Key confidential and not to share it with any third party. This right is unique to you, and any affiliates or third parties must seek and obtain their own Bungie.net API right and API Key.
Your application must not attempt to sign in to Bungie.net using HTTP authentication cookies. This includes reverse engineering the sign-in flow used by Bungie.net or the companion apps or by using authentication cookies extracted from a user’s session.
You may retain copies of API Data obtained through the Bungie.net API solely for uses permitted under this license. You may not utilize API Data for any commercial purpose unless you obtain Bungie’s prior written permission.
You may not otherwise reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of the Bungie.net API or API Data.
You may not use the Bungie.net APIs in a manner that, in Bungie’s sole judgment and discretion, exceeds reasonable request volumes, constitutes excessive or abusive use, or otherwise fails to comply or is inconsistent with any part of the Bungie.net API documentation.
You may not use the Bungie.net API in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with the these Terms.
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Bungie and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of Bungie.net APIs and/or Your Content, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. Bungie shall use good faith efforts to provide you with written notice of such claim, suit or action.