Terms of Use

Updated: August 16, 2012

TERMS OF USE

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

ACCEPTANCE OF CONTRACT TERMS

The following terms of use (“Terms of Use”) are the terms of a legal agreement between you, on the one hand, and Barbed Arrow Inc. (hereinafter collectively referred to as “BA”) on the other hand. The BA web group is comprised of various web sites, web pages and Software (as defined herein) owned and/or controlled and operated by BA (collectively, the “Sites”). The Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein and as outlined on any of the Sites. By accessing, browsing and/or using the Sites, you acknowledge that you have read, understood, and agree to be bound by these terms and comply with all applicable laws and regulations, including Canadian export and re-export control laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE ANY OF THE SITES.

IF YOU BREAK OR VIOLATE ANY OF THESE TERMS AND CONDITIONS OR OTHERWISE VIOLATE ANY CODES OF CONDUCT, YOUR ACCOUNT, AND YOUR RIGHT TO USE THE SITES MAY BE TERMINATED OR SUSPENDED IMMEDIATELY BY BA IN ITS SOLE DISCRETION AND WITHOUT NOTICE. IF YOUR ACCOUNT IS SUSPENDED OR TERMINATED YOU WILL NOT BE ENTITLED TO A REFUND OF ANY AMOUNTS PAID BY YOU TO USE THE SITES AND YOU WILL FORFEIT ALL OF YOUR UNUSED ACCESS TIME. YOU REPRESENT AND WARRANT THAT YOU ARE EITHER 18 YEARS OLD OR OLDER, OR HAVE OBTAINED EXPRESS CONSENT BY YOUR PARENT OR GUARDIAN.

You may become a member (“Member”) of the BA community by registering on the Site located at www.barbedarrow.com. To become a Member, you must accept all of the terms and conditions of the Membership Agreement, as well as these Terms of Use. Until such a time, you are considered to have guest (“Guest”) status until you are logged into a BA service. If you have questions about these Terms of Use or the Membership Agreement, please contact us at http://www.barbedarrow.com/support.

The Sites may each contain additional terms, codes of conduct or guidelines that govern use of each particular Site, including without limitation, particular features (i.e., chat rooms and/or bulletin boards) and/or special offers (i.e., sweepstakes and contests).

In the event that any of the terms, conditions, and notices contained in these Terms of Use conflict with the additional terms, codes of conduct and/or guidelines contained within any particular Site, then these Terms of Use shall control; provided that in the event any subscription to a game, the particular terms of service and play for that game shall prevail.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If a particular Site, or any product or service offered through the Sites requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify BA immediately of any unauthorized use of your account or any other breach of security. BA will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by BA or another party due to someone else using your account or password.

MODIFICATION OF THESE TERMS OF USE

BA reserves the right to change the terms, conditions, and notices under which the BA Sites are offered, including but not limited to the charges associated with the use of the Sites or any products sold therein. You are responsible for regularly reviewing these Terms of Use and additional terms posted on each particular Site. Your continued use of the Sites constitutes your agreement to all such terms, conditions, and notices.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

You may not advertise any goods or services on the Sites. Chain letters and pyramid schemes are not allowed. You may not use any of the Sites to collect information about BA Members, including, but not limited to, login names and passwords, and the use of any such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not exploit the Sites, or any games or services offered on the Sites for any commercial purposes. Any violation of these provisions can subject your Member account to immediate termination (or result in revocation of Guest status) and further legal action, at BA’s discretion.

The communication features provided by BA, including, but not limited to forums, chat rooms and bulletin boards, are free services provided to Members. By posting messages, creating or modifying a home page, chatting, uploading files, inputting data, transmitting e-mail, or engaging in any other form of communication (individually or collectively “Communications”) to or through the Sites, you agree to be bound by the following terms and conditions.

  1. All Communications are the sole responsibility of those persons posting or transmitting the Communication. BA has no obligation to monitor or supervise Communications, and expressly disclaims any representation that it will monitor or supervise them, but also expressly reserves the right to monitor or supervise them in its sole discretion.
  2. BA does not control the content of any Communications and does not guarantee the accuracy, integrity or quality of anything within them.
  3. The Member or guest acknowledges that by using the communication features provided on the Site, you may be exposed to Communications and other content that is offensive, indecent or objectionable.
  4. Under no circumstances will BA be liable for any errors or omissions in any Communication or for any loss or damages of any kind incurred as a result of the use of any information contained within the communication features provided on the Site.
  5. If BA receives notification of a Member or guest regarding Communications which allegedly do not conform to this Agreement, BA may investigate the allegations and determine in good faith and at its sole discretion whether or not to remove or request the removal of the Communication.
  6. BA reserves the right to expel Members and Guests and prevent their further access to the Sites for violating this Agreement or violating the law. BA also reserves the right to remove Communications which are abusive, illegal, disrespectful, or disruptive.
  7. BA reserves the right to release information to the appropriate authorities, as a result of a violation of our standards, or any other unlawful act, if the information is subpoenaed, and/or if BA deems it necessary and/or appropriate.
  8. BA retains the right to terminate the membership of any Member or Guest who violates the following Rules of Conduct.

RULES OF CONDUCT

In addition to the limitations set forth above, you will violate the Terms of Use if you in BA’s sole discretion (or others using your Account) do any of the following:

  1. Post, transmit, promote, or distribute Communications or content that is illegal.
  2. Harass, threaten, embarrass, or stalk or cause distress, unwanted attention or discomfort to another Member or Guest.
  3. Post content or send Communications of any form impugning someone’s race, sexual orientation, religion, national origin, political beliefs, or ethnic heritage.
  4. Transmit or facilitate distribution of content or Communications that are harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, obscene, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable.
  5. Post or communicate “Hate speech.”
  6. Organize or form or attempt to organize or form any groups online and/or among other Members or Guests based on slanderous or hate philosophies.
  7. Modify any part of the Sites and/or Software without the prior written consent of BA.
  8. Disrupt the flow of chat in chat rooms or within Software that include chat functionality with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, or flooding [posting repetitive text].
  9. Impersonate another person (including celebrities), impersonate a BA employee or a representative of BA, attempt to mislead users by indicating that you represent BA or any of BA’s partners or affiliates.
  10. Attempt to interfere with, hack into or decipher any transmissions to or from BA servers or otherwise acquire a password, street address, credit card numbers, account information, or any other private information from a Member or any other user on the Sites.
  11. Give false information or intentionally hide any information that is required by the Sites or the Software.
  12. Share your account password with anyone and/or sell or otherwise transfer your account to anyone.
  13. Do not follow the instructions of authorized personnel on the Sites.
  14. Upload or distribute any software or content that you do not own or have permission to freely distribute.
  15. Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
  16. Upload files that contain a virus or corrupted data.
  17. Post Communications for any purpose other than personal communication, or transmit advertising, promotional materials, chain letters, pyramid schemes, or make any commercial use of our Sites.
  18. Improperly use the in game support or complaint buttons or make false reports to BA staff members.
  19. Violate the terms of use of third party tools, interactive service providers, state, local, federal laws, or foreign or international law where appropriate.
  20. Falsify or delete any author, original creator and/or artist 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.
  21. Restrict or inhibit any other Member or user from using and enjoying the communication features on the Sites.
  22. Sell or distribute, outside of the game, any element of the games including without limitation game’s characters, names, weapons, objects, skills, virtual currency and other features.

Character names you may create in the Software and/or Server and on the Sites are subject to the same rules and guidelines as other forms of in-game or Sites Communication in addition to any specific character naming policies specifically applicable to the games. In the event a character name does not conform to these guidelines, BA shall have the right to suspend and/or terminate your account, or at BA’s sole discretion change the character names that do not conform to the guidelines. If BA terminates the account or changes a name for a violation of the naming policy no refunds or reimbursements will be given. In addition to the aforementioned general rules, these following rules apply to any in game name that is user defined.

By submitting or posting Communications to a Site, including, but not limited to, a character name, you automatically grant BA the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Communications (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. In addition, you warrant that any and all so-called “moral rights” in the Content have been waived. You hereby waive all rights to any claim against BA for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.

ILLEGAL BEHAVIOR

Illegal behavior involving the use of any of the Sites shall be grounds for the termination of a Member’s account. BA shall fully cooperate with law enforcement officials on such matters and prosecute such offenses to the full extent of the law.

INDEMNIFICATION

You agree that you will be personally responsible for your use of the Sites and for all of your Communications and activities on the Sites, including any content you contribute, and that you will indemnify, defend and hold harmless BA, and its respective affiliates, employees, officers, and directors from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable attorneys’ fees) incurred by BA in connection with your use or alleged use of the Sites, including your conduct, and any Communications and/or content that you contribute to the Sites, and any breach of the Terms of Use or License Agreement (as defined herein). BA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with BA’s defense of such claim.

SERVICES NOT CONTROLLED BY BA

Some products may give you the option of using BA Software on or through a service that is not controlled by BA. For example, you may be given the option to play BA Software online on servers not owned or controlled by BA. BA takes no responsibility for your use of BA Software on or through any such service and otherwise has no control over how those services are offered, administered or operated. Any such use of non-BA controlled services is at your own risk and may subject you to additional or different terms and restrictions by the third party running the service.

LINKS TO THIRD PARTY SITES

The Sites may contain links to third party web sites (“Linked Sites”). These Linked Sites are not under the control of BA and BA is not responsible for the contents of any Linked Sites, including without limitation, any links contained in a Linked Site, or any changes or updates to a Linked Site. BA is not responsible for webcasting or any other form of transmission received from any Linked Site, nor is BA responsible if the Linked Site is not working appropriately. barbedarrow.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by barbedarrow.com of the Linked Site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the Sites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. BA shall not be responsible or liable for any part of any such dealings or promotions.

SOFTWARE AND CONTENT AVAILABLE THROUGH THE SITES

All content and software (“Software”) (if any) that is made available to view, play and/or download in connection with the Sites, excluding content and/or software that may be made available by Members or users through a communication feature, is owned by and is the copyrighted work of BA and/or its suppliers and is protected by copyright laws and international treaty provisions. 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”). 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. You acknowledge and agree that you do not acquire any rights of ownership regarding the Sites, and/or any element of the Software including without limitation the universe, characters, plot and names which may be created by you while playing the Software.

For any Software not accompanied by a License Agreement, BA hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular Site in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or 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 CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of Canada. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to Canadian export restrictions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SITES AND TO THE INFORMATION THEREIN. BA AND ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME.

BA AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES COMMUNICATIONS, CONTENT AND RELATED GRAPHICS CONTAINED WITHIN THE SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, COMMUNICATIONS, CONTENT AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. BA AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, COMMUNICATIONS, CONTENT AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT BA SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS COMMUNICATIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH ANY OF THE SITES. YOU SPECIFICALLY AGREE THAT BA IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT BA IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A SITE BY ANY THIRD PARTY.

IN NO EVENT SHALL BA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES COMMUNICATIONS, CONTENT AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.

BA DOES NOT WARRANT THAT YOU WILL BE FREE FROM THE BEHAVIOR OF OTHERS YOU MAY DEEM INSULTING, DEMEANING, OFFENSIVE, THREATENING, OBSCENE, LIBELOUS, DEROGATORY OR HARASSING WHILE ON THE SITES OR PLAYING THE SOFTWARE. IN THE EVENT THAT BA CHOOSES NOT TO TAKE ANY ACTION, TAKES AN ACTION WITH WHICH YOU DO NOT AGREE OR IS UNABLE TO TAKE ANY ACTION FOR ANY REASON WHATSOEVER, IN NO EVENT SHALL BA, THEIR PARENT, AFFILIATES OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) AND/OR EMOTIONAL DISTRESS AND/OR OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT, THE SOFTWARE OR YOUR TIME SPENT PLAYING THE SOFTWARE. EXCEPT AS PROBITTED BY LAW, OUR LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO THE LESSER OF (i) THE AMOUNT PAID BY YOU TO USE THE SITE, OR (ii) $100.

OTHER LIMITATIONS

You acknowledge that barbedarrow.com reserves the right to log off accounts that are inactive for an extended period of time. BARBED ARROW MAKES NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SERVICE CONTACT: http://www.barbedarrow.com/support.

TERMINATION/ACCESS RESTRICTION

Either you or BA has the right to terminate or cancel your membership or a particular subscription at any time. You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with BA. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of the Membership Agreement or BA’s enforcement or application of these Terms of Use; (2) any policy or practice of BA, including the Privacy Policy, which you may review at:

http://www.barbedarrow.com/privacy

or BA’s enforcement or application of these policies; (3) any content or Software available through the Sites or any change in content provided through Sites; (4) your ability to access and/or use the Sites; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods in connection with the Sites. You can cancel your membership or a particular subscription by delivering notice to BA at: http://www.barbedarrow.com/support. BA reserves the right to collect fees, surcharges or costs incurred before you cancel your BA membership or a particular subscription. In addition, you are responsible for any charges incurred to third-party vendors or content providers before your cancellation. In the event that your Account or a particular subscription is terminated by you or BA , no refund, including any membership fees, will be granted; no online time or other credits will be credited to you or converted to cash or other form of reimbursement. Active BA Members may not allow former Members whose memberships have been terminated by BA to use their Accounts. Any delinquent or unpaid Accounts or Accounts with unresolved issues with BA must be settled before BA may allow you to register or use the Sites again. Notwithstanding any contrary provision herein, in the event BA decides to cancel or discontinue some of its service for any reason whereas you have paid in advance for some of these canceled services, BA will refund you the prorated portion of the overpaid fees.

INTELLECTUAL PROPERTY

The Sites, including, without limitation, all communication features, contain copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of the Sites and each area contained therein are copyrighted as a collective work under the Canadian copyright laws. BA owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on the Sites (including, without limitation, content that BA enables you to download) without the express written permission of BA and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. The downloading of copyrighted material from the Sites is allowed by you only for your own use. You acknowledge that the BA and/or third-party content providers remain the owners of all materials posted on the Sites, and that you do not acquire any of those ownership rights by downloading copyrighted materials.

SUBMISSIONS

BA is pleased to hear from their customers and welcomes their comments regarding BA’s services and the Sites. Unfortunately, however, company policy does not allow us to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by BA’s professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as game ideas or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.

If at our request you send certain specific submissions (e.g., Communications, including, postings and creative submissions) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, the property of BA. None of the Submissions shall be subject to any obligation of confidence on the part of BA, and BA shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, BA shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You waive any and all moral rights in any such Submissions as well as any claim to a right of credit or approval.

CHARGES, BILLING, PURCHASES AND SUBSCRIPTIONS

You may be a Member of the Sites without paying BA to participate in a game or other activity. However, BA may, at its discretion charge monthly subscription fees or one time membership fees to access certain areas of the Sites, play certain premium games and participate in related activities on the Sites. You will also have the option for in-game purchases in order to enhance your game experience. In-game products will differ by game and are not transferable between games. You must be a Member of BA and pay the subscription or other fees to participate in these activities. If you must pay a fee to access part of our Site or play a particular game, this information will be posted on the applicable Site. You will be given the option to subscribe to the game by providing us with a valid credit card number and billing information. Current fees and other billing information will be held as strictly confidential. When you subscribe to play certain games, you may need to read and agree to a service or membership agreement that is specific to that game, and which may have terms that are slightly different than the ones that are found here. Your subscription to that game, and play of that game, is subject to those specific terms.

A. Payment by Credit Card

You must use a credit card to pay for your subscription(s), merchandise and/or in-game features. When you provide credit card information to BA, you represent and warrant that you are the authorized user of the credit card that is used to pay the subscription or other fees. Unless you provide us prior to the expiry of your subscription with a written notice of cancellation, your subscription will automatically renew for the same period of time. You agree to promptly notify BA of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify BA if your credit card expires or is canceled for any reason.

B. Charges to Your Credit Card

YOUR SUBSCRIPTION FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. BA reserves the right to change our fees or billing methods at any time and BA will provide notice of any such change at least thirty (30) days advance. All changes will be posted on the Sites and you are responsible for reviewing the billing section of the Sites to obtain timely notice of such changes. Your continued use of the Sites for thirty (30) days after posting of the changes on the Sites means that you accept such changes. If any change is unacceptable to you, you may cancel your membership or a particular subscription at any time, but BA will not refund any fees that may have accrued to your Account before cancellation of your membership or subscription, and we will not prorate fees for any subscription. If your use of the Sites is subject to use or sales tax, then BA may also charge you for any such taxes, in addition to the subscription or other fees published in the billing section of the Site. As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. This means that, unless your Account or credit card information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your Account, you will be responsible for all usage and purchases on your Account.

C. Purchase and Return

Certain features of BA Games are only available through purchase. You agree to pay all payment fees specified when you apply including all applicable taxes. By submitting your order you are making an offer to purchase to the relevant part of the BA Game(s). Your offer is accepted and a binding contract occurs when we send a message to your account mail inbox confirming that your payment has been received or if you log into a consumer-only part of a BA Game (whichever comes first). Orders are processed and dispensed instantly and automatically when payment is submitted. You understand and agree that once you authorize us or other designated payment service to charge your credit card or mobile phone for a certain amount, such amount will not be refundable, including, without limitation, upon termination of your account for any reason, termination of this agreement, termination of in-game shop and currency and/or the discontinuation of the service; however, the amount will be returned to you if the product is not delivered. You understand that we may suspend or terminate your Account if for any reason a charge you authorize us to make to your credit card cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through the use of another credit card or other payment mechanism. We shall not be responsible or liable for any credit card or bank-related charges or fees related to any of your transactions. We reserve the right, without prior notification, to limit the order quantity on any Cash Item and/or to refuse to provide you with any Cash Item. Verification of certain information applicable to a transaction involving a Cash Item may be required prior to our acceptance thereof. Price and availability of the Cash Items are subject to change without notice. You agree that you cannot and have no right to sell or otherwise transfer any of the Cash Items, or any other content or information included in the Service, in whole or in part, to any third person or entity whatsoever, including, without limitation, on Internet auction sites or in return for anything of value (including “real” money) or otherwise. BA does not recognize the transfer of Accounts within BA. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt shall be null and void. BA reserves the right to change/update the game rules and the game packages and you will not be refunded because of the change/update. We reserve the right to alter the amount or terms of our payment fees at any time. We reserve the right to charge you for any unauthorized use of your purchase by third parties.

D. Taxes

You may be required to report as taxable income the value of any prizes received by you. To collect a prize, you will be required to provide a valid Social Insurance number or other tax identification number and any other information reasonably required by BA. BA and/or any sponsor who provides a particular prize may report the value of the prize to Federal and/or provincial taxing authorities.

SHOPPING

The shops (“Shops”) on the Sites or in-game provide you the opportunity to purchase various BA products, digital products and services.

You are responsible for paying the entire amount due on your purchase, including any applicable taxes, shipping and other charges assessed by the merchant.

You represent and warrant that you are at least 18 years of age and that you possess the legal right to use the Shops in accordance with the stated terms and usage policies. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access the Shops.

ONLINE GAMING ZONE

BA reserves the right to use numeric codes, global unique identifiers (guides), cookies or other technologies in order to identify specific computers that access the Sites. This information may be monitored to develop aggregate and anonymous statistics regarding computer use that may be used for BA operations or by third parties. Computer identification technology may also be used to enforce these Terms of Use. For more information on this matter, please refer to our Privacy Policy.

GENERAL TERMS AND CONDITIONS

This agreement is governed by the laws of the Province of Ontario, Canada. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Toronto, Ontario, Canada. in all disputes arising out of or relating to the use of the Sites. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BA as a result of this agreement or use of the Sites. BA reserves the right to disclose any personal information about you or your use of the Sites, including its contents, without your prior permission if BA has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of BA or its affiliated companies; (3) enforce the Terms of Use; or (4) act to protect the interests of its Members or others. BA’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BA’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by BA with respect to such use. If any part of this agreement 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. The failure of BA to exercise or enforce any right or provision of this Terms of Use will not constitute waiver of such right or provision. Any waiver of any provision of this Terms of Use will be effective only if in a writing signed by BA. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and BA with respect to the Sites, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and BA with respect to the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

GOVERNING LAW

If you reside in a Member State of the European Union: (i) the laws of England, excluding its conflicts-of-law rules, govern this Terms of use and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with BA or relating in any way to your Account(s) or your use of BA Services resides in the Courts of England and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of England in connection with any such dispute including any claim involving BA or its affiliates, employees, contractors, officers, directors, vendors and content providers. If you reside elsewhere: (i) the laws of the Province of Ontario, Canada, govern this Terms of Use and your Account(s); and (ii) to the extent applicable pursuant to the Liability disclaimer, above, you expressly agree that exclusive jurisdiction for any claim or dispute with BA, arising out of or relating in any way to your Account(s) or your use of BA Services resides in the federal and provincial courts within the jurisdiction of Canada, Superior court of Ontario, and you further agree and expressly consent(to the extent applicable pursuant to the Liability disclaimer, above), to the exercise of personal jurisdiction in such courts in connection with any such dispute not precluded by the Liability disclaimer, above, including any claim involving BA or BA Affiliates, subsidiaries, contractors, vendors and content providers. As noted above, your conduct may also be subject to other local, provincial, national, and international laws.

COPYRIGHT AND TRADEMARK NOTICES

© 2012 Barbed Arrow Inc. All Rights Reserved. Barbed Arrow, barbedarrow.com and the barbed arrow logo are trademarks of Barbed Arrow Inc. in Canada and/or other countries.

TRADEMARKS. Barbed Arrow Inc., Barbed Arrow, barbedarrow.com, Grand Arena of Serndall and/or other products referenced herein are either trademarks or registered trademarks of BA in Canada and other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Notifications of claimed copyright infringement should be sent to BA at the address provided below. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

barbedarrow.com

c/o Barbed Arrow Inc.

123 Pioneer drive

PO BOX 20035 RPO PIONEER PK

Kitchener, Ont, N2P 2B4

YOU ACKNOWLEDGE THAT YOU AGREE TO THESE RULES AND WILL ABIDE BY THEM.

YOU FURTHER AGREE THAT THESE RULES WILL APPLY TO ANYONE THAT YOU ALLOW TO USE YOUR ACCOUNT OR USER ID AND THAT YOU ARE PERSONALLY RESPONSIBLE FOR THE CONSEQUENCES (INCLUDING TERMINATION OF YOUR ACCOUNT) THAT MAY RESULT IF ANY SUCH PERSON BREAKS THESE RULES.

YOU AGREE YOU HAVE READ CAREFULLY AND UNDERSTAND THE TERMS AND CONDITIONS SET FORTH HEREIN.