BUFF Terms of use

  1. The BUFF Service (as defined below) is operated by BUFF Technologies LTD., (“we”, “us” or “BUFF”), and provided to you through the BUFF Application (the “App”). The BUFF Service allows users who are registered on the App (“Users”), to play and earn (as defined below) as a result of their in-games activity.The BUFF Service is intended for use by people who are both (i) at least 18 years of age and (ii) of legal age in their jurisdiction. If you are not both at least 18 years of age and of a legal age in your jurisdiction, do not use the BUFF Service. BUFF shall not be responsible for any consequences and/or damages you may incur in breach of the foregoing.

    Please read carefully the following provisions of these terms of use (“Terms of Use”) which shall govern all use of the BUFF Service and the App. This is a legally binding agreement between you and BUFF regarding your access to the App and use of the BUFF Service. In order to use and/or register to the BUFF Service, you must first review and agree to these Terms of Use by clicking the “I read and accept the Terms of Use and Privacy Policy” box, and clicking “Register” button. You may not use the BUFF Service if you do not indicate that you accept and agree to these Terms of Use by ticking the “I read and accept the Terms of Use and Privacy Policy” box. If, at any time you do not agree to these Terms of Use, you must immediately logout from the App and terminate your use of the BUFF Service. By ticking the “I read and accept the Terms of Use and Privacy Policy” box, in addition to having accepted these Terms of Use, you will also be considered to have read and accepted BUFF’s Privacy Policy. BUFF reserves the right to deny access, suspend or terminate any User which does not comply with these Terms of Use, at its sole discretion.

    These Terms of Use are subject to change, modification or replacement by BUFF at any time, at its sole discretion, effective upon notice on the App. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the BUFF Service following the posting of any changes to these Terms of Use will constitute your acceptance of those changes.

    BUFF shall not be liable to you or to any third party for any modification, suspension or discontinuance of the BUFF Service or any portion thereof.

    Additional terms may apply while you are using the BUFF Service (as defined below), including but not limited to the Overwolf’s Terms of Service (http://www.overwolf.com/legal/)and any other terms incorporated by reference therein (“Additional Terms”), all of which are incorporated by reference in these Terms of Use. If there is a conflict between these Terms of Use and any Additional Terms, to the extent they apply to the BUFF Service, the Additional Terms will prevail.

    How It Works

    BUFF Service offers you the opportunity to play certain video games and to accumulate BUFF coins pursuant to your in-game performance (as defined on the App and may be updated from time to time). The BUFF Service will enable you to win BUFF coins (as defined on the App and may be updated from time to time). If you use BUFF Service while located in a jurisdiction that forbids the above-mentioned formats, you will be in violation of the law of such jurisdiction and of these Terms of Use, and will be (among other implications) subject to having your Profile (as defined below) suspended or terminated and all winnings (if any) voided.

    In order to become a User and enjoy the BUFF Service, you must first be a registered BUFF user. After clicking on “LOG IN” button you will be asked to provide your credentials in order to sign in on the App, including but not limited to, you email account, and once provided, your personalized profile with BUFF will be created and associated to your User.

    After logging in in order to enjoy the BUFF Service you must act according to one of the following scenarios:

    (1) If you are Overwolf user and have the Overwolf Appstore software with BUFF Application software installed, simply launch a supported game (the “Game”) and start playing on any server. As long as Overwolf Appstore software with BUFF Application software is running in the background of your PC, you will accumulate coins for your in-game performance.

    (2) If you are not Overwolf user and do not have Overwolf Appstore software with BUFF Application software installed, you have to download and install it clicking on “Get it on OVERWOLF”. Once installed, you shall proceed to scenario no. 1.

    BUFF will not be responsible for technical, hardware or software malfunctions, lost or unavailable network connections, or disconnects, which are under the responsibility of any other third party.

    Your Information

    By agreeing to these Terms of Use, you hereby undertake that you do not and shall not: (i) sign in to the App by using false or another person’s information or use another person’s Payment Details; (ii) register more than one time; (iii) use Profiles of any other App users; (iv) submit to the App any material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (v) post advertisements or solicitations of business; or (vi) use the BUFF Service for any purpose that is unlawful or otherwise prohibited by these Terms of Use; (vii) login from an unauthorized territoriality using proxy, VPN or and other services that mask your true geographical location.  

    You acknowledge and agree that you are solely responsible for your Information and that BUFF is not responsible to you or to any third party in connection with your Information or any part of it. By registering on the App, you represent and warrant that: (i) You specifically authorize BUFF to retrieve Data; (ii) the Information provided (to the extent provided by you) is accurate and complete and you will update it when it changes; and (iii) you have the full right and authority to submit your Additional Information without any infringement of, or conflict with, the rights of any third party. If you are using the App and/or the BUFF Service on behalf of a company, entity, or organization (the “Customer”), you represent and warrant that you are an authorized representative of the Customer, having the authority to bind the Customer to these Terms of Use. In the event you are using the App and/or the BUFF Service on behalf of a Customer, all references to “you” or “User” in these Terms of Use shall be construed to mean you, the Customer, and any other individual that uses the App and/or the BUFF Service on behalf of or through authorization from the Customer.

    You agree to carefully safeguard and be solely responsible for maintaining the confidentiality of your Information and for restricting access to any device through which you access the BUFF Service in order to prevent unauthorized access to your Profile therein. You must notify BUFF immediately of any unauthorized use of your Profile or of any other breach of security, and you accept all risks of any unauthorized access to the BUFF Service. BUFF cannot and will not be liable for any loss of data or other damage arising from any failure by you to comply with these Terms of Use, including if someone else accesses your Profile or makes any other unauthorized use of your Profile or performs any other breach of security.

    BUFF reserves the right to authenticate and validate your Information through Discord, Gmail and any social networks or other methods and to request any additional information as it may deem required at its sole discretion. BUFF may also, at its sole discretion, refuse registration of any User.

    For more information on what Information we collect and how we treat it please review our BUFF’s Privacy Policy.

    License; Restrictions

    Subject to these Terms of Use, you will have a non-exclusive, non-transferable, non-sublicensable, limited, revocable right and license to access and use the BUFF Service solely for the purposes for which the BUFF Service is provided. This license is personal to you and you will not use the BUFF Service for any commercial purpose. The BUFF Service is owned and operated by BUFF and provided to you through the App without transferring ownership or title or any other right in or to the BUFF Service or any underlying technology, software or intellectual property of any kind. The BUFF Service is made available solely for use by you and only according to these Terms of Use. You shall not, nor permit anyone else to, directly or indirectly: (i) copy, modify, adapt, translate into any language, distribute, or create derivative works based on the BUFF Service or the App; (ii) sublicense, sublease, lease, lend, assign, sell, license, distribute, rent, export, re-export, use the BUFF Service or the App for timesharing or grant other rights in the BUFF Service or the App, and any attempt by you to take any such action shall be void; (iii) decompile, disassemble, reverse engineer, or otherwise attempt to reconstruct, identify, or discover any source code, underlying ideas or concepts, underlying user interface techniques, or algorithms of the BUFF Service or the App or any part thereof by any means whatsoever; (iv) remove, obscure or alter any copyright and/or other proprietary notices contained on or in or otherwise connected to the BUFF Service or the App; (v) interfere with or violate other App users’ right to privacy or harvest or collect any personally identifiable information, whether manually or through the use of any robot, spider, crawler or use other manual or automatic device, process or method to access the BUFF Service or the App and retrieve, index and/or data-mine information; (vi) sell, license, or exploit for any commercial purposes any use of or access to the BUFF Service or the App; (vii) use any Prohibited Mods (as defined below); (ix) use during a Game any technique or method other than solely your skill; (x) use the BUFF Service in an illegal way or commit an illegal act in relation to the BUFF Service or the Game or that otherwise results in fines, penalties and other liability to you, BUFF or any other third party, whether imposed by Valve or by any other third party or authority; or (xi) create a database by systematically downloading and storing all or any of the content from the BUFF Service or the App. As between the parties, BUFF shall own all title, ownership rights, and intellectual property rights in and to the BUFF Service and the App, and any copies or portions thereof.

    “Prohibited Mods” shall mean any modifications to a Game or your avatar within the Game, including any use of cheats, exploits, mods, bots or any unauthorized software, that give you an unfair advantage over other users, as determined at BUFF’s sole discretion or by any Additional Terms.

    All content included on the App, such as text, graphics, logos, button icons, images, data compilations, and software, and the compilation of all such content, is the sole and exclusive property of BUFF or its licensors and protected by international copyright laws.

    By registering to the BUFF Service and creating your Profile, you hereby grant to BUFF a non-exclusive, royalty-free, sub-licensable through multiple levels of sub-licensees, worldwide license to use your Information for the purpose for which the BUFF Service is intended. In the event you have terminated your Profile, we shall cease using your Information and shall use reasonable commercial efforts to delete all of your Information from our systems.

    To the extent you provide any suggestions, comments or feedbacks to BUFF (“Suggestions”), BUFF shall have an exclusive, royalty-free, fully paid-up, worldwide, perpetual and irrevocable license to incorporate the Suggestions into the BUFF Service at any time and use same for any purpose, all without any compensation to you and without need of your further approval.

    Your Liability

    You shall be solely liable for all of your activity in connection with the BUFF Service or App.

    Commercial Use and Fees

    BUFF reserves the right to change its pricing policy or business model at any time, prior notice of which will be posted on the App.

    Payments

    Some Services are provided free of charge. In some cases, we allow Members to pay for a specific items and or services. This is one way which Members can show support for the applicable app developer. When a Member confirm the payment transaction, we will automatically charge him/her the applicable payment based on his desired method, either a one time payment or a subscription based every month. The subscription months will be calculated from the date of payment. In case of a subscription payment the Member may cancel the subscription at any time, such that s/he will continue to receive the benefits in connection with the subscription until the end of that month and his/her subscription will end at the end of that month. We reserve the right to modify, terminate or otherwise amend our offered payment plans at any time in accordance with these Terms. We may change the price for the  offered items and services, including recurring subscription fees from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the subscription prior to the price change going into effect.

    BUFF currently accepts payments through PayPal and Credit Cards, but may add or change payment methods in its sole discretion. You must respect the terms and conditions of any payment methods you use. We reserve the right to cancel any Services ordered if full payment is not timely received. We reserve the right to cancel any transaction that we have reason to believe to have been fraudulently made, including by unauthorized use of a credit card, debit card, or other payment method.

    Refund/Cancellation: If you want to cancel an order then please contact us as soon as possible, https://buff.game/contact-us.  If your order has not been processed yet, we may be able to cancel your purchase and you will get a refund.

    You are solely responsible for any taxes on amounts you may pay or obtain through the Services. Overwolf will deduct applicable charges and taxes from any payable amounts, as required by law.


    Coins Redemption

    BUFF Users can redeem the BUFF Coins they have accumulated whenever they need to. To request a complete redemption from your account (if and as applicable), click on “Marketplace” in your account. Please consider that we take up to 5 business days to process some of your redemption request. Feel free to contact our customer support specialist if you have any questions at https://buff.game/contact-us or through the App. Please note that the Coins cannot be withdrawn in any way.

    Warranty Disclaimer

    The App is provided on an “as is”, “with all faults” and “as available” basis and BUFF, its subsidiaries or affiliates, including their officers, directors, shareholders, agents, consultants, employees, affiliates and licensors, disclaim to the fullest extent permitted by law any warranties of any kind, either express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose or non-infringement. BUFF makes no representations or warranties: (i) that the BUFF Service and the App are or will be secure, timely, accurate, complete, uninterrupted, without errors or free of viruses or other harmful components; (ii) that the results of using the BUFF Service will meet your requirements or expectations and specifically, that the use of the BUFF Service will result in your winning any Game and subsequently winning any gifts; or (iii) as to your legal right to use the BUFF Service while participating in any Game. The foregoing disclaimer shall not apply to the extent prohibited by applicable law.

    BUFF shall not be liable for any security breaches which may occur in connection with the App or BUFF service. without limitation of the foregoing, BUFF shall not be liable for the actions of hackers and other unauthorized third parties that may breach our security procedures

    we cannot guarantee that the BUFF service will be fault-free, and if a fault occurs in the BUFF service, please report it to https://buff.game/contact-us and we will attempt to correct the fault as soon as we reasonably can.

    Limitation of Liability

    If we are in breach of these Terms of Use, we will only be responsible for any direct losses that you suffer as a direct result and to the extent that they are a foreseeable consequence to both of us at the time of your use of the BUFF Service. However, notwithstanding the preceding sentence, neither BUFF nor anyone else on its behalf shall in any event be liable for any of the following, in relation to a breach of these Terms of Use, or your use or inability to use the BUFF Service: (i) any losses, including but not limited to, loss of data, or any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, even if foreseeable; (ii) any damages whatsoever, whether direct, indirect, incidental or consequential, even if foreseeable, arising out of or in connection with false identification ;(iii) any bugs, Prohibited Mods, viruses, Trojan horses, or the like (regardless of the source of origination); or (iv) for any direct damages in excess of (in the aggregate) amount of one hundred US dollars ($100).

    In the event that applicable law limits the above limitations or exclusions of our liability, the maximum amount of limitations allowed under applicable law shall be applied. All disclaimers, limitations of warranties and damages herein or otherwise existing at law (i) are of the essence of these Terms of Use, and (ii) survive any termination, expiration or rescission of these Terms of Use.

    Complaints

    BUFF carefully treats the information you provide to us according to the disclosure of information provided during the registration process and Privacy Policy. Also, note that BUFF maintains effective and transparent procedures for reasonable prompt complaint handling, and we keep records of complaints and measures taken for complaint resolution. The purpose of this procedure is to ensure fair and consistent dealing with client complaints whilst striving to provide the highest level of customer service.

    Jurisdictions

    Legal Restrictions: without limiting the foregoing provisions, you understand that laws regarding contracts vary throughout the world, and it is your sole responsibility to make sure you properly comply with any law, regulation or guideline in your country of residence regarding the use of the App or BUFF Service. To avoid any doubt, the ability to access our App does not necessarily mean that our BUFF Services and/or your activities through the App are legal under the laws, regulations or directives relevant to your country of residence. Internet Gaming may be illegal in the jurisdiction in which you are located; if so, you are not authorized to use BUFF Service. BUFF shall not be responsible for any damages you may incur in breach of the foregoing. BUFF may block and/or limit some or all functionalities to certain jurisdictions from time to time at its sole discretion to comply with regulations. 

    Termination and/or Suspension of Your Profile

    You agree that BUFF may suspend or terminate your access to the BUFF Service at any time, with or without cause, subject to you being able to redeem your BUFF coins (if any), in case of termination by us without cause. In case of termination for cause, we reserve the right to forfeit your won BUFF Coins (if any). Without limiting the generality of the foregoing, BUFF may terminate your use of the BUFF Service and/or suspend your Profile if BUFF believes, at its sole discretion, that one (or more) of the following events have occurred: (i) there is a threat to the security or the integrity of your Profile, our network or our servers; (ii) you have violated these Terms of Use and/or Additional Terms; (iii) we are required to do so by any competent authority and/or by law. Upon termination, you may no longer access (or attempt to access) the BUFF Service. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability. Except for the redeeming of won BUFF Coins, in case of termination by us without cause, you will not be entitled to any remedy for discontinuing the BUFF Services, all subject to our Withdrawals policy and applicable laws and regulations.

    You may terminate your use of the BUFF Service at any time by sending an email through https://buff.game/contact-us , following which BUFF will deactivate your Profile. Upon the deactivation of your Profile BUFF shall delete all your Information from our systems, except for certain non-personally identifiable information required for archival purposes.

    In addition, BUFF reserves the right, at its sole discretion, to cancel or suspend the result of any Contest and any won BUFF Coins, should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Game.

    Miscellaneous

    The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. BUFF shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond BUFF’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any term of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sub-licensable by you and the use of the BUFF Service is personal and you may not authorize others to access your Profile. BUFF may transfer, assign or delegate these Terms of Use and its rights and obligations hereunder without consent and/or notice. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms between you and BUFF. These Terms of Use shall be governed by and construed in accordance with the laws of Israel, and the parties submit to the exclusive jurisdiction and venue of the courts located in Tel Aviv, Israel.

    Last updated on September 19, 2019

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