Terms of Service

These Terms include any content, functionality, and/or services and websites offered on or through http://getBATSU.com (‘Website.’)

These Terms of Service are an agreement between you and BATSU! (Company, We, Us). By accessing, downloading, purchasing or using the websites or Service you acknowledge that you have read, understood and agreed to these Terms and any codes of conduct we may put forth from time to time. Our Service/Website is offered and available to users 18 years of age or older. By using the Service/Websites you enter into a binding contract with us and meet all of the eligibility requirements contained herein. You are responsible for making necessary arrangements for you to have access to the Websites and ensuring that all persons who access them through your internet connection are aware of these Terms of Service/Use and comply with them.

If you are a parent or legal guardian letting a minor use the Service, you are also agreeing that the minor will adhere to these Terms. BATSU!’s Privacy Policy explains how we use, collect, transmit and disclose your personal information. 

To access the Websites or some or all of the resources it offers, you may be asked to provide certain information. It is a condition of your use of the Websites that all the information you provide on the Websites is correct, accurate, current, and complete. You agree that all the information you provide to use the Websites or otherwise, including, but not limited to, through the use of any interactive features on the Websites, is also governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

By agreeing to be bound by these Terms, you are also agreeing that you have ready and understood the PRIVACY POLICY. Please review before using the Service. 

Please Note: If you do not want to agree with the Terms of Service you may not access the Service and should not access the Websites.

We may update the Terms from time to time. Your continued use of the Service means that you have accepted these modifications. 

BATSU! and its affiliates collectively own, operate and maintain http://getBATSU.com and all of the various pages contained therein, including subdomains, and the related products and Services whether provided through any website owned, maintained or controlled by us, through a social network, mobile application, on a cellular telephone or otherwise, and provide the Websites subject to these Terms of Use.

BATSU! includes BATSU! Moon LLC, Faceoff Unlimited, LLC and WARA NY, LLC, and their trustees, directors, officers, shareholders, members, employees, contractors, advisors, representatives, subcontractors, consultants, attornies, agents, suppliers, distributors, licenses and licensors (current and past) and any affiliates, individually and collectively, and any related individuals or entities. 

Affiliated Parties/Affiliates means BATSU! Moon, LLC and any related individuals affiliates and subsidiaries, and any of their trustees, directors, officers, shareholders, members, employees, representatives, consultants, attorneys, agents, suppliers, distributors, licensees and/or licensors.

User Rights and Restrictions

These Terms grant you, in your individual capacity, to use the content of the Service/Websites for personal, noncommercial home use only. In no instance may you:

• Change or remove any copyright and other proprietary notices from content on the Service/Website;
• Modify, or create derivative works based on the content;
• Use or facilitate the use of any third-party software (e.g. bots, mods, hacks, scripts) to modify or automate operation within the Service/Websites; 
• Use the content in any manner: a) suggesting an association with any other products, services or brands, b) that is likely to cause confusion to customers, c) that disparages or discredits BATSU!, d) that is otherwise exploitive for any commercial purpose, or e) that otherwise infringes on our intellectual property rights as defined in the section below;
• Download quantities of content to a database for any reason;
• Decompose, disassemble or reverse engineer any part of the Service, or otherwise use a Service for any purpose without written permission that is understood by all parties and affiliates; 
• ​​Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful and/or violate the security of any computer network or transfer or store illegal material;
• Develop functionally similar products to any Service/Websites;
• Use any Service/Website for the benefit of any third party;
• Use the Service/Website or content for commercial purposes, including but not limited to a) selling access to all or part of the Service/Website, or b) placing advertising, sponsorships, or promotions on or within the Service/Websites or content;
• Avoid, circumvent, or disable any security or digital rights management protocols or mechanism in any Service/Website;
• Infiltrate any system used to operate the Service/Websites;
• Take any action to cause, or exploit known or latent malfunctions, bugs or other defects in the Service/Websites or system used to operate the Service/Websites or work to circumvent any restriction in any Service/Website based upon age, geography, or other restriction imposed by us;
• You will not use any of our Services or products to exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
• Engage in spamming, flooding, harvesting of email addresses or other personal information, or any other activity which is intended to obtain lists of users, their personally identifiable information or any other information we maintain about our Websites, visitors and customers.;
• Impersonate the Company or a Company employee, the employees of any Affiliated Parties, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services/Websites, or which may harm the Company or our users as determined by us;
• Submit false or misleading information to Us.

Users, ‘you’ will comply with all applicable laws and legal obligations outlined in the Terms of Service/Use, and all areas such as copyright, trademark, other intellectual property laws, libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, and copyright or trademark infringement. Violations of applicable laws may give rise to civil and/or criminal prosecution and penalties. 

Intellectual Property

All content on the Service and Websites, including articles, artwork, screenshots, graphics, logos, downloads, features, functions algorithms, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio elements, audio-video elements, software, text, displays, video, and audio, moral rights, user interface, navigation, look and feel, and the design, selection, and arrangement and other files, is the property of BATSU! and its affiliates and is protected by United States copyrights. All communications, solicited feedback, and other materials submitted to BATSU! through email, social media, and/or Websites. By submitting material to the Service/Websites, you give up any claims that the use of that material violates any of your rights, including moral rights, privacy rights, proprietary rights, publicity rights, rights to credit for material or ideas or any other right including the right to approve the way such material is used. Additionally, you grant us and any successors and assignees a perpetual, royalty-free, worldwide license to use, transmit,, copy and display submitted information and material in any and all media now known or hereinafter devised and represent that you have all necessary rights in such posting. No further consideration or compensation will be given for any materials or information (including but not restricted to creative, financial, business, commercial, etc.); submitted in any manner. 

It is also important to the success of BATSU! that any errors or problems you discover are confidentially reported to BATSU! customer service directly so we can address them as quickly as possible. Email contact@giantfoxstudios.com to contact customer support. 

Opinions, advice and all other information expressed by third parties on the Service/Websites represent their own views and not those of BATSU!. You should not rely on such opinions, advice or other information. Neither BATSU! nor any of its affiliates or their representative agents, directors, employees, information providers, licensors, licensees, officers and/or their affiliates shall be responsible or liable for any decisions made based on such information. 

 Notwithstanding anything to the contrary included in these Terms, we may at any time, with or without notice, suspend or terminate your access to some or all of the Service/Websites and refuse any and all current or future use of the Service at any time. 

Any breach of the Terms of Service/Use will result in the loss of your right to use the Service/Websites and you must, at our option, return or destroy any copies of materials you have made. Any use of the Service/Website not expressly permitted by these Terms of Service/Use is a breach of these Terms of Service/Use and may also violate copyright, trademark or other laws. 

Licensing

All right, title and interest in and to the Service/Websites and products are and shall remain exclusive property of BATSU! and its affiliated parties. The Websites, Services and Products are protected by copyright, trademark, and other laws of the United States. Nothing in these Terms of Service/Use gives you the right to reproduce any of our trademarks, logos, domain names and other distinctive brand features. 

On condition of your acceptance of these Terms of Use, we grant you a non-exclusive, limited, non-transferrable, freely revocable license to use the Websites and their contents for your personal, non-commercial use.

We reserve all rights not expressly granted herein.

Posted Information

Please be aware that the information posted on or through the Websites is made available solely for general information purposes only. We do our best, but cannot ensure accuracy, completeness, or usefulness of this information. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor(s).

Content may include anything provided by third-parties, including their licensors and aggregators. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than they content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Their materials do not necessarily reflect the opinion of the Company and such we are not responsible or liable to you or any third party for content or accuracy of any materials provided by any third party. 

Online Purchases

Purchases made through the Website and other sale of goods made by you are governed by these Terms of Service/Use. 

Products sold via the Websites are for personal use only. You are not permitted to resell these products in new or unused condition on an individual basis or bundles with other products bearing Company trademarks, logos, graphics or branding. 

Unwanted new and otherwise resellable products may be returned. Returns comply with the Company’s return policy outlined above. 

Use of “drop-shipping” or, allowing a third-party to fulfill orders to your customers  on your behalf, and/or including listing products for sale on other platforms that bear the Company trademarks, branding, logos or graphics is strictly prohibited. We receive the right to decline orders believed to be placed for drop-shipping purposes. Violators of this policy may be restricted from future use of the Service/Websites. 

Links from the Websites

Links provided on the Websites to other sites and resources provided by third parties are provided for your convenience only. We have no control over the contents of these sites or resources, and accept no responsibility for them, their content and/or any losses or damages that may arise from your use of them. If you access third party links, you do so at your own risk and are subject to the terms and conditions of use for such websites or resources. 

Geographic Restrictions

BATSU! is operated and controlled from within the United States in the States of Colorado, Illinois, and New York. The Websites are accessible worldwide but some of their features or functions may not be available or appropriate for use outside of the United States. They also may not be available to all persons or in all geographic locations. 

We make no representation that the Websites or our Services and products are appropriate or authorized for use in all countries, states, provinces, counties, localities or any other jurisdictions. Your access and use of the Websites may not be legal in your jurisdiction. You are responsible for determining whether or not this applies to you. Choosing to access, browse or use the Websites is done so at your own risk and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. 

We specifically disclaim any liability concerning any action that any individual may take based on any information of guidance provided on the Websites. 

Disclaimer

We cannot and do not guarantee or warrant that information and documentation contained on our Websites will be free of viruses or other destructive code. You are responsible for implementing measures for your protection and for data input and data output as well as for maintaining a means external to our site for any lost data. 

To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, other electronic devices, programs, data, or other proprietary material due to your use of the Websites or any services or products obtained through the websites or to your downloading of any information posted on them, or on any website linked to them. 

Warranties

All content, services, functions and materials are provided “as-is” and “as available” without warranties of any kind, either express or implied, including without limitation, any warranties with respect to any uptime or uninterrupted access, the availability or accuracy or usefulness of any or all content, or any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title or non-infringement. 

We do not warrant the Websites, Services  and/or their contents will be timely, secure, uninterrupted, or operated free of delays in transmission, failure in performance, computer viruses, inaccuracies, errors, or defects. 

You use the Websites at your own risk.

We assume no responsibility and shall not be liable for any damages to or virus(s) that may infect any user’s computer equipment or other property on account of any user’s access to browsing, or use of the Websites or downloading content on any of our platforms. 

As a user, you acknowledge and agree that your sole remedy for any problems of dissatisfaction with the site is to terminate your account and discontinue all use of the site. 

Liabilities

In no event shall we be liable for any content posted, transmitted, exchanged or received by us or on behalf of any user on or through the Websites (including any user generated submissions.) 

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its Affiliated Parties and our employees, contractors, agents, professional advisers, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to actual attorney’s fees and costs) arising from: (i) your use of and access to the Websites, including any data or content transmitted, submitted, viewed, or received by you; (ii) your violation of any provision of these Terms of Use and/or Our Privacy Policy, including your breach of any of the representations and warranties contained in these Terms of Use; (iii) your violation of any third party right, including any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; and/or (v) any other party’s access and use of the Websites and any of the Websites' services or products with your unique username, password or other appropriate security code.

Disputes 

If You are an individual and have a dispute with one or more users of the Websites, or with any party who provides advertising or third party services, on or through either Website, or with any party who provides a website link to or on either Website or from third party content which is posted on the Websites, you release us and our Affiliated Parties from all claims, demands, and damages (incidental, indirect, punitive, statutory, exemplary, special or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

If you have a dispute with any third-parties on our Websites, you release us and our Affiliated parties from all claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You also waive California Civil Code § 1542 which says:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. 

You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state in the United States, or any political entity of nation, province, or local law or regulation that may govern this release, which statue, regulation, law or principle provides in substance something similar to the California Civil Code § 1542. You agree not to file any action or lawsuit inconsistent with the foregoing release.

Dispute Resolution and Binding Arbitration 

By agreeing to binding arbitration, you and BATSU! and any of its Affiliates are agreeing to give up any rights to litigate claims in a court, or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration. 

Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory consumer protection, common law, international tort, injunctive and equitable claims) between you and us arising from or relating in any way to your use of the services/websites, will be resolved exclusively and finally by binding arbitration. 

You agree that, by agreeing to these terms, the U.S. Federal arbitration act governs the interpretation and enforcement of this agreement, and that you and we are each waiving the right to a trial by jury or to participate in a class or private attorney general action.

This arbitration provision shall survive termination of these Terms of Service/Use.