Terms of Service

TERMS OF SERVICE

OVERVIEW

This website is operated by Behaviour Interactive Inc. (“BHVR”) and managed by BHVR’s service provider The Vanity Project (“TVP”). TVP manages all Products on the Store (as such terms are defined below) as well as orders, purchases and promotions on the Store, including customer support.

Throughout the site, the terms “we”, “us” and “our” refer to BHVR. By visiting this website and/or purchasing any Dead by Daylight product, including but not limited to, figurines, apparel and accessories (the “Products”) from us from us through https://shop.deadbydaylight.com/ (the “Store”), you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”) and you represent that you are at least the age of majority in your state or province of residence. These Terms of Service apply to all users and visitors of the Store, including purchasers of Products, and apply to the use of Products, Services (as defined below) as well as any and all activities related to the Store, Products and Services, including but not limited to, visits and purchases on the Store. 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING OUR STORE. BY ACCESSING OR USING ANY PART OF THIS STORE AND RELATED WEBPAGES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND THAT THESE TERMS ARE ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THESE TERMS, DO NOT USE STORE OR VISIT ITS RELATED WEBSITE.

You are responsible for any Internet connection fees or other related third-party fees that you incur when accessing the Store.

These Terms together with any applicable privacy policy, as any of the foregoing may be amended from time to time, together with any posted rules or instructions regarding a particular activity, poll, or other offering (all such terms hereafter collectively “Overall Terms”), govern your use of the Store, your purchase of Products (as defined below) and your participation in any online service or website related to the Store (individually and collectively “Services”) offered by BHVR. You agree to check the Store website periodically for new information and terms that govern your use of Services. BHVR may modify the Overall Terms at any time. BHVR will inform you about such revisions by email and/or by a notice on the Store website’s home page. Unless indicated otherwise, such revisions affecting existing Services shall be effective at the earlier of your acceptance, or thirty (30) days after posting on the Store website. Terms for new Services are effective immediately upon posting.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

Our Store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Products and services to you. 

 

SECTION 1 – STORE AND PRODUCTS USE 

A. TERRITORIES

The Products are only available for purchase and use in the following territories: Canada, United States, Japan, Germany, United Kingdom, Australia, France, South Korea, Austria, Russia, Netherlands, Poland, Sweden, Finland, Norway, New Zealand, Belgium, Spain, Mexico, Switzerland, Denmark, Italy and Ireland. It is your sole responsibility to comply with all applicable laws and regulations regarding the purchase, possession and use of any of the Products ordered via the Store.

B. PROHIBITED USES

You may not use our Products for any illegal or unauthorized purpose nor may you violate any applicable laws. 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, threaten, embarrass, or do anything else to another user that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, nationality, heritage, etc.; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service, Store or any related website for violating any of the prohibited uses or if you are engaging in illegal activity or otherwise violate any Overall Terms. 

A breach or violation of any of the Terms may result in an immediate termination of your access to the Store and/or Services. 


SECTION 2 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The Products available on the Store will be described and displayed as accurately as possible and such descriptions are subject to change without notice. We do not warrant that the prices, anticipated delivery dates, pictures or descriptions on the Store are accurate, complete, current or error-free. The prices and descriptions are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to our express Acceptance (as defined at Section 3.B) of your order. Any and all Product specifications, illustrations and other information on the Store do not constitute a warranty or representation by BHVR that the Products will conform with such specifications.

We cannot guarantee that all Products are in stock or quickly available when an order is submitted. We may reject an order, without any liability to us, should we be unable to process or fulfill it (in which case, we will refund any prior payment made for such Product).

Certain Products may be available exclusively online through the Store website. These Products may have limited quantities and are subject to return or exchange only according to our Refund and Exchange Policy


SECTION 3 - ORDERING ON THE STORE

A. ORDER CONFIRMATION

Once the Products in your order have been selected, by clicking the “Pay Now” button on the Store, you acknowledge that BHVR and/or its partner operating the Store is authorized to charge you for your order. You further represent that you (i) provided true and accurate information and that (ii) you have legal capacity to enter into a contract with us.

An order submitted by you constitutes an offer to purchase Products pursuant to these Terms, at the price and terms stated in the order, and is subject to our Acceptance. Any order confirmation message received prior to our Acceptance constitutes an acknowledgment of our receipt of your offer, and not an acceptance of such offer. Orders may only be cancelled or changed in accordance with our Refund and Exchange Policy.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.

B. ACCEPTANCE

Our acceptance of your order occurs at the time where we have both (i) delivered your Product and (ii) received payment of the purchase price of your order (the “Acceptance”). Your order may be cancelled at any time and for any reason prior to Acceptance.

Prices may be indicated on the Store or an order acknowledgment, but the governing price in the event of any contradiction is the price in effect at the time of Acceptance through the charge placed through your payment method.

C. LIMITATIONS

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 


SECTION 4 - PRICES, BILLING AND ORDER INFORMATION 

A. PRICES

Prices do not include shipping and handling, expedited service, or sales tax, which will be added to the total price of your order. You are responsible for any shipping and handling charges and state/provincial/territorial and local sales or use taxes that may apply to your order.

B. CUSTOM DUTIES

Delivery of Products may be subject to customs duties, fees, taxes and/or other charges in the country of ultimate destination.

Unless otherwise expressly stated by us during the order process, (a) your payment for the order in question does not include any customs duties, fees, taxes and/or other charges that may be due and payable in the Product’s country of ultimate destination, and (b) the receiving party in the Product’s country of ultimate destination is responsible for making entry and properly declaring the merchandise to the appropriate customs authorities, paying any applicable customs duties/fees/taxes/charges, and/or satisfying any additional import-related requirements. You should contact the local customs authorities in the relevant jurisdiction for further information on the applicable customs requirements and procedures, duties, fees, taxes, and/or other charges that may be assessed for the Product.

C. PAYMENT METHODS

You may pay for your order using the payment methods available on the Store and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary depending on the Product. When you provide credit card or other payment information to BHVR and/or its payment processing partners, you represent to BHVR and its partners that you are the authorized user of the credit card or other payment method.

BHVR does not receive any confidential payment data from its payment providers, and BHVR is not responsible for their performance. You must promptly update all information with the payment provider to keep your billing account current, complete, and accurate (such as a change in billing address, the credit card number, or the credit card expiration date), and you must promptly notify BHVR if your credit card is canceled (for example, for loss or theft). Changes to such information can be made by contacting customer service at merchsupport@bhvr.com. Any separate charges or obligations that you incur in your dealings with the third-party payment providers are under your responsibility. BHVR reserves the right to change such payment providers at any time without notice.

D. BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information for all purchases made through the Store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

As the Store-related 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 payment 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 on the Store.


SECTION 5 - RISK OF LOSS

Risk of loss of or damage to the Products passes to you upon delivery of the Product to your delivery location. If no signature is required for delivery, you accept all risk of loss for theft or loss of the delivered Product following delivery to your delivery location.

If you refuse or fail to take delivery of the purchased Products, any risk of loss or damage to the Products shall still pass to you, and without any prejudice to any other rights or remedies we may have, (a) we shall remain entitled to payment in full for the Products delivered; (b) we may effect delivery or store the Products at your risk, and you shall be liable for, and shall pay on our demand, all costs of Product storage and any additional costs incurred as a result of such refusal or failure to take delivery; and (c) we shall be entitled to dispose of the Products, thirty (30) days after the agreed date of delivery, and we may set off any proceeds of sale against any sums due from you.  

 

SECTION 6 – INTELLECTUAL PROPERTY

A. CONTENT

Content(s)” as used herein includes (1) software, software updates or patches, or other utilities and tools from BHVR or its licensors (“BHVR Software”) and (2) other software, technology, text and audio visual material, as well as the design and appearance of the Store and Products. The foregoing includes, without limitation, computer code, titles, objects, artifacts, characters, character names, locations, logos, images, text, illustrations, designs, icons, photographs, names, stories, story lines, dialogue, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, characters and character likenesses, user accounts, methods of operation, video clips and written and other material that appear on the Store and/or in BHVR’s video games. Content is provided by BHVR and its. The Contents are copyrights, trademarks, and/or other intellectual property owned, controlled or licensed by BHVR, one of its affiliates or by third parties who have licensed their materials to BHVR, and are protected by Canadian and international copyright laws.  You may not reuse, reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale or exploit in any manner, in whole or in part, any of the Contents.

BHVR reserves the right to remove any Content that is objectionable to us for any reason. The decision to remove Content is in BHVR’s sole and final discretion. To the maximum extent permitted by applicable law, BHVR does not assume any responsibility or liability for any failure to or delay in removing such Content.

B. BHVR AND THIRD-PARTY OWNERSHIP

Content in the Services and Store is owned by BHVR or BHVR’s third party licensors and is protected by Canadian and international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from a Service unless our Terms expressly authorize you to do so. You agree not to remove, obscure, or alter any copyright, patent, trademark, or other proprietary rights notices affixed to Content. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of any Content. BHVR reserves all rights in BHVR-owned and licensed Content that are not expressly granted to you in the Overall Terms. You acknowledge that BHVR and/or third-party content providers remain the exclusive owners of all materials posted on the Store and in the Services.

Making unauthorized copies of Content found on the Services may result in the termination of your Store account, prohibition on use of the Services, and further legal action. Content owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless BHVR from any unauthorized or illegal conduct by you, or through the use of your account, on the Services.

C. LIMITED USE LICENSE

The Services, and all respective Content are available for use only by authorized end users in accordance with, and subject to the terms and conditions set forth in these Terms of Service. BHVR hereby grants to you a limited, personal, non-exclusive, non-transferable, non-assignable and fully revocable license to use the Store and its website and any Content thereof for your individual, non-commercial, entertainment purposes only, as well as expressly allowed in these Terms of Service. The foregoing license is strictly subject to the following conditions: (1) you are current with your payment of all applicable fees and (2) you comply with these Terms of Service, and the related privacy policy and you are not otherwise in breach of any Overall Terms. The foregoing grant of license shall be automatically revoked as of the moment that any of the foregoing conditions are no longer met by you.

D. UNSOLICITED CREATIVE SUBMISSIONS

BHVR places a particular value on its interaction with its customers and fans,  However, neither BHVR nor any of its employees and/or contractors may accept or consider unsolicited ideas, original creative artwork or other works, including, without limitation, ideas or suggestions for new or improved Products, games or technologies, game or Product enhancements, marketing plans or names for new games or Products (collectively “Unsolicited Ideas”). This policy is aimed at avoiding potential misunderstandings or disputes when BHVR’s products or services might seem similar to Unsolicited Ideas that are submitted.

If you do submit your Unsolicited Ideas to BHVR or to any of its affiliates, employees and/or contractors despite this policy and regardless of what your letter says, then you hereby acknowledge and agree that, from the time of transmission or dispatch, you grant BHVR, and its designees a worldwide, perpetual, irrevocable, sublicenseable, transferable, assignable, non-exclusive and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import your Unsolicited Ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, giving the Unsolicited Ideas to others, without any compensation to you.  You also give up any claim that any use by BHVR and/or its licensees of your Unsolicited Ideas violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set for therein. In addition, you acknowledge and agree that in no event shall BHVR have any obligation to review or return or acknowledge receipt of any Unsolicited Ideas.

E. INTERVIEWING AND FILMING AT EVENTS

BHVR may elect to record or film interviews with you and to create other audio-visual material depicting you during events organized by BHVR (“BHVR Event”), either separately or during trade shows, conventions, and similar events. You hereby consent that BHVR may use your likeness and voice on such audio-visual materials for documentary, marketing, and advertising purposes in any and all media now known or hereafter devised in perpetuity throughout the universe, without any compensation due to you. If you do not wish to grant such permission, do not participate in the BHVR Events and decline to be interviewed.

F. COPYRIGHT INFRINGEMENT CLAIMS

BHVR obeys all relevant copyright laws, and will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. 

To make a claim, please provide us with the following:

1) A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;

2) A description of the copyrighted work claimed to have been infringed;

3) A description of the infringing material and information reasonably sufficient to permit us to locate the material;

4) Your contact information, including your address, telephone number, and email;

5) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6) A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.

Claims can be sent to merchsupport@bhvr.com or to Copyright Claims, Behaviour Interactive Inc., 500-6666 Saint-Urbain, Montreal (Quebec) H2S 3H1, Canada, Attn: Legal Department.


SECTION 7 - THIRD-PARTY LINKS AND PRODUCTS
The Store may include hyperlinks to websites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. BHVR does not control such websites, and it is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third party site does not constitute or imply BHVR’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third party site.

Products may be purchased from third parties authorized by BHVR to sell such Products. When you purchase Products from authorized third parties, your purchase is with that party and not with BHVR.


SECTION 8 - PERSONAL INFORMATION

Your privacy is important to us. Please read the Store’s privacy policy available at: https://shop.deadbydaylight.com/pages/privacy-policy or information relating to the collection and use of personal information through the Store.

You agree that, with your consent, should it be required pursuant to applicable laws, we may communicate with you via email and any similar technology for any purpose relating to the Store and any Service which may in the future be provided by us or on our behalf.


SECTION 9 – CONTESTS

Contests shall be held pursuant to certain terms and conditions specific to the contest (the “Official Rules”). As a participant of a contest held by BHVR, you shall be subject to the Terms and other rules applicable to the contests detailed in the Store and/or related website. The information you provide will only be used in accordance with our privacy policy.

 

SECTION 10 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE PRODUCTS, THE STORE, ITS RELATED WEBSITE, OR ANY OTHER SERVICES, SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. THE PRODUCTS, STORE, AND SERVICES, AS WELL AS THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE AT YOUR OWN RISK, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW.

BHVR AND ITS STORE SERVICE PROVIDERS PROVIDE THE SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DO NOT WARRANT, AND HEREBY DISCLAIM, ANY AND ALL DIRECT OR INDIRECT, EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, OR THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT BHVR WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA OR THAT THE SERVICES WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNLESS AGREED OTHERWISE OR REQUIRED BY APPLICABLE LAW, ANY WARRANTIES PROVIDED IN RELATION TO PRODUCTS ONLY APPLY TO YOU IN THE UNDERSTANDING THAT YOU ARE A USER AND NOT A RESELLER OF THOSE PRODUCTS. USE OF THE PRODUCTS AND OF THE STORE, INCLUDING ITS WEBSITE, AND INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE WEBSITE, IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BHVR, ITS STORE SERVICE PROVIDERS, OR ITS LICENSORS IS TO STOP USING THE SERVICES, AND TO CANCEL YOUR BHVR-RELATED ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT BHVR, ITS STORE SERVICE PROVIDERS, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING PRODUCTS, CONDUCT, COMMUNICATION OR CONTENT, ON ANY SERVICES. IN NO CASE SHALL BHVR OR ITS STORE SERVICE PROVIDERS, LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “BHVR AFFILIATES“) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU ACTUALLY PAID TO BHVR FOR THE APPLICABLE PRODUCTS WHICH GIVE RISE TO SUCH LIABILITY.

IN NO CASE SHALL BHVR OR BHVR AFFILIATES BE LIABLE FOR DIRECT, GENERAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFIT OR REVENUES, OR INTERRUPTION OF BUSINESS, ARISING FROM YOUR USE OF SERVICES, STORE, PRODUCTS (INCLUDING PURCHASE THEREOF), THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF SERVICES, STORE, PRODUCTS OR RELATED ACCOUNTS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, BHVR’S AND BHVR AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. BHVR DOES NOT ENDORSE, WARRANTOR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH BHVR AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.


SECTION 11 - INDEMNIFICATION 

Upon request of any of the BHVR Affiliates, you agree to defend, indemnify and hold harmless BHVR and its affiliates, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from or related to (1) any Products purchased by you in connection with your use of the Store, or (2) a breach of these Terms. Without limiting the generality of the foregoing, you agree to indemnify and hold BHVR harmless for any improper or illegal use by you of the Store and its related website. You agree that you will be personally responsible for your use of the Store, Products, Services and for all of your communication and activity on the Store and that you will indemnify and hold harmless BHVR, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on Store.

BHVR reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to BHVR in that matter.                                                                             



SECTION 12 - SEVERABILITY 
In the event that any provision of these Terms of Service or the Overall Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.. 


SECTION 13 - TERMINATION 

We may suspend, modify or terminate your access to the Store, Services and/or all related entitlements for violation of these Terms, or any other Overall Terms, illegal or improper use of the Store, or illegal or improper use of Services, Products, or BHVR’s intellectual property. BHVR may issue you a warning, suspend your access to the Store, or BHVR may immediately terminate your access along with any and all accounts that you have established on the Store. You acknowledge that in such an instance BHVR is not required to provide you notice before suspending or terminating your access or acccount(s), temporarily or permanently banning your device from some or all Services. If BHVR terminates your access and/or account, you cannot participate in a Service again without BHVR’s express permission. To participate in a Service after such termination, contact us at merchsupport@bhvr.com. BHVR reserves the right to provide Services to any individual. You may not allow individuals whose access to the Store have been terminated by BHVR to use your account and/or access.

In addition, BHVR reserves the right to terminate any Service at any time by giving you notice of such termination within the time period specified when you joined the particular Service, or if no time period for notice of termination was specified, then within ten (10) days of the date such notice is posted on the applicable Service.

You may terminate these Terms at any time and/or cancel any account on the Store by contacting merchsupport@bhvr.com. If you do not agree to the terms in this Terms, or any other Overall Terms, your sole remedy is to not use the Services and to cancel your account or applicable subscriptions. You understand and agree that the cancellation of your account on the Service, if applicable, is your sole right and remedy with respect to any dispute with BHVR, including any dispute related to, or arising out of: (1) any term of these Terms of Service, or any other Overall Terms, or BHVR’s enforcement or application thereof; (2) the Content available through the Services or any change in content provided through thr Services; (3) your ability to access and/or use the Services; or (4) the amount or type of any payment, fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for the Services.

You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with the Services must be settled before you establish a new account on the Services.

After you cancelled your account, if applicable, or termination of these Terms of Service, BHVR has the right to delete all your account information and content in compliance with its privacy policy.

The following provisions shall survive any termination of this Agreement: Sections 3, 4, 5, 6.A and 6.B, 10, 11, 12, 13, 14, 15, 16, and 17.


SECTION 14 - ENTIRE AGREEMENT 
The failure of BHVR to exercise or enforce any right or provision of these Terms of Service or any Overall Terms shall not constitute a waiver of such right or provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by BHVR of any provision, condition or requirement of these Terms or any Overall Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

These Terms of Service together with the privacy policy, and any other Overall Terms, including any posted rules or instructions regarding a particular activity, poll, or contest constitute the entire agreement between you and BHVR relating to your rights and obligations in the use of Store and Services. If there is any conflict between these Terms, the privacy policy, and any other Overall Terms, BHVR shall resolve the conflict in its sole discretion.. 


SECTION 15 - GOVERNING LAW

The laws of Quebec, excluding its conflicts-of-law rules, govern these Terms, any other Overall Terms, and your Store-related account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with BHVR or relating in any way to these Terms, any other Overall Terms, Store-related account(s) or your use of the Store and any Services resides in the Courts of the Province of Quebec, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Province of Quebec in connection with any such dispute including any claim involving BHVR or its affiliates, employees, contractors, officers, directors, vendors and content providers. As noted in these Terms, your conduct may also be subject to other local, state, national, and international laws.

The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Those who choose to access the Store and Service from locations outside of Canada do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. Should a court of competent jurisdiction determine that other laws apply, these Terms shall be enforced to the fullest extent permitted by the laws of the applicable jurisdiction and be interpreted to give maximum effect to these Terms hereof.


SECTION 16 – DISPUTE RESOLUTION

A. EQUITABLE REMEDIES

You hereby acknowledge and agree that BHVR would suffer irreparable harm if these Terms or any of the Overall Terms were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that BHVR shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of these Terms or any other Overall Terms. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with these Terms or the Overall Terms and consistent with the terms of this Section, the prevailing party in such action or proceeding shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party as the result of the action or proceeding.

B. INFORMAL NEGOTIATIONS

To expedite resolution and control the cost of any dispute, controversy or claim related to the Terms or any other Overall Terms (“Dispute”), you and BHVR agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any court proceeding. Such informal negotiations commence upon written notice from one person to the other. BHVR will send its notice to your billing address and email you a copy to the email address you have provided to us. You agree to send your notice to Behaviour Interactive Inc., 500-6666 Saint-Urbain, Montreal (Quebec) H2S 3H1, Canada, Attn: Legal Department with a copy via email to merchsupport@bhvr.com.

C. FORMAL DISPUTE RESOLUTION

If you and BHVR are unable to resolve a Dispute through informal negotiations, either you or BHVR may elect to have the Dispute finally and exclusively resolved by the courts of the Province of Quebec.

 

SECTION 17 - REMEDIES, ASSIGNMENT, FORCE MAJEURE

You agree that these Terms are not intended to confer and do not confer any rights or remedies upon any person other than the parties to these Terms. You also understand and agree that these Terms, the privacy policy and any other Overall Terms, including BHVR‘s enforcement thereof, are not intended to confer, and do not confer, any rights or remedies upon any person.

BHVR may assign these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign these Terms without BHVR’s prior written consent, and any unauthorized assignment by you shall be null and void.

BHVR shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of BHVR, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond BHVR’s control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.


SECTION 18 - CONTACT INFORMATION 

Questions about the Terms of Service or about your order should be sent to us at merchsupport@bhvr.com.