Terms of use

  1. Service
  2. The Agreement
  3. License & table-of-content
  4. Support service
  5. Fees and Payment
  6. Cancellation
  7. Your responsibilities
  8. Suspension/Discontinuation
  9. Copyright
  10. Trade marks
  11. Force Majeure
  12. Disclaimer of Warranties
  13. Governing Law
  14. Copyright Policy
  15. Take down Policy

Terms of use

Service

The Site and the Service, including all features and functionalities, our website and user interfaces, and all content associated therewith (the "Boredom Assassin service" or "service") are offered under the terms and conditions stated in this document , called Terms of Use (these "Terms") together with the other agreements and documents referenced herein, including any future amendments to any of the foregoing (collectively, the "Agreement"). By using the Site and/or the Service, either as a Member User, a recipient of an e-mail from a registered user, or the user of Boredom Assassin ("you" or "your"), you agree to the Agreement. You agree the Agreement is a binding contract between you and Portcutter Settlements Inc. with its registered office in 463 Concession 14 Townsend, Simcoe, Ontario, N3Y 4K3, Canada, (“Portcutter Settlements Inc.", “we”), the company that owns and operates the Boredom Assassin website (the "Site"). If you do not wish to be bound to these Terms, you should immediately stop using the Site and the Service.

The Agreement

No contract or agreement is formed and you have no rights to the Service, unless and until Portcutter Settlements Inc. has agreed to provide you the Service. Portcutter Settlements Inc. may amend or modify the Agreement at any time, without prior notice. The changes become effective immediately upon posting such amended or modified terms on the Site or if Portcutter Settlements Inc. otherwise notifies you of such amended or modified terms. If you continue using the Site and/or the Service after Portcutter Settlements Inc. so posts or provides such notice of such amendments or modifications, you have accepted the Agreement as amended or modified. If you do not accept and abide by such amended or modified Agreement, you should not use the Site or the Service.

License & Content

License

Portcutter Settlements Inc. is pleased to grant you a non-exclusive limited license to use the Boredom Assassin Services, including accessing and viewing the Content on a downing-only basis through the site, for personal, non-commercial purposes as set forth in these Terms. We reserve the right in our sole and absolute discretion to make changes and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always be working in the future. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.

The Content

You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify,, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by Portcutter Settlements Inc. in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Portcutter Settlements Inc. in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by Portcutter Settlements Inc. . You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Portcutter Settlements Inc. in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.

Availability

The availability of the Content will change from time to time, and from country to country. The quality of the display of games may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Portcutter Settlements Inc. makes no representations or warranties about the quality of your instant gaming experience on your display.

Geographic Limitation

You may instantly play the Content through the Boredom Assassin service only in geographic locations where we offer our service and have licensed such games. The content that may be available to play will vary by geographic location. Portcutter Settlements Inc. will use technologies to verify your geographic location.

Support service

To use the Services, any device that you want to use it on shall meet the minimum requirements of the Site, i.e.: connection to the internet, web browser, Java Script, shockwave, flash.


During the term and for Member Users, the Service includes (a) a reasonable amount of assistance in the use of the Service and reasonable diagnosing and attempting to resolve problems with the use or delivery of the Service, and (b) updates and revisions to the Site and Services that Portcutter Settlements Inc. elects to provide to Member Users generally (collectively, the "Support Services"). Support Services are only provided during Portcutter Settlements Inc. regular business hours and exclude weekends and Portcutter Settlements Inc. holidays. Portcutter Settlements Inc. may condition the timing and delivery of Support Services in whatever method or manner it chooses, which may include communication via email. In order to take advantage of the Support Services, you may be required to purchase additional or different equipment or services from third parties. Portcutter Settlements Inc. has no obligation to provide any other assistance, support, maintenance, or other services or to perform any assistance by any other method, such as at your location. If Portcutter Settlements Inc. , in its sole discretion, agrees to provide any additional services, such additional service shall be governed by these Terms.

Fees and Payment

All registrations for Boredom Assassin Premium accounts are subject to a subscription payment model.

Portcutter Settlements Inc. , within the limits allowed by law, is not responsible for any inconveniences or damages caused by usage of the particular Payment Method, especially delays or impossibility to make payment. In such case you should complain about those services to their provider, in the manner provided by their terms and conditions.

If the Payment was not accepted because of any reasons attributable to Portcutter Settlements Inc. , please contact us via e-mail address : [email protected]ortcutter.com.

By the acceptance of hereby Terms of Use, you declare, that all the payments shall be made with the funds from a legitimate source.

Internet Access Charges

You are responsible for any costs you incur to access the internet.

BILLING POLICY

The below payment option is available to all customers. Once a customer has chosen a payment option that payment option will not change unless canceled. New payment options can be introduced at any time and current payment options can be discontinued for new customers at any time. The current billing option available is:

  • 1 day sneak peak $1.25 recurring at $39.95 per month
  • $1.25 for 7 days recurring at $29.95 per month
  • Free 10 day trial recurring at $49.95 per month

A monthly membership provides full access to all the site's content.

All these products will be listed as separate charges on a subscriber’s statement.

REFUND POLICY

Boredom Assassin guarantees the satisfaction of our customers. If you are not satisfied with the service provided we will process a refund to your credit card. If you wish to extend the life of your subscription in lieu of a refund you have that option. The billing system used by Boredom Assassin or our authorized agents provides extensive credit card fraud protection measures and our site includes many features to protect users from accidental charges. If you have any feedback, please let us know. All feedback goes a long way to helping our billing resources team of agents address future interactions with our customers.
By the acceptance of hereby Terms of Use, you declare, that all the payments shall be made with the funds from a legitimate source.

Cancellation

Term

User has the right to cancel the subscription at any time starting from the time the registration was made. If the user chooses to cancel the subscription during trial period the account will be cancelled at no extra cost. If the user chooses to cancel the subscription after the regular billing have started, the subscription will be cancelled immediately and the account will run out at the end of the period that have been paid for.

To cancel your account, you may go to your account settings and choose cancel account. You may also call us at 1-226-493-1534 or email us at : [email protected]

Service Termination

Except as stated below, you agree that Portcutter Settlements Inc. may modify, suspend, discontinue, or otherwise terminate the Service or the Agreement, on a temporary or permanent basis, at any time, in whole or in part, for any reason or no reason, with or without notice, and without liability to you. For example and without limitation, Portcutter Settlements Inc. may terminate or suspend your access to the Service for lack of use; for failure to pay account fees within the period of time designated by Portcutter Settlements Inc. ; for registering more than one free account; for using multiple free accounts; for maintenance of the Site or performance of Support Services; for failure to follow the rules posted on the Site or in these Terms; for actions outside these Terms; or for any other reason determined by Portcutter Settlements Inc. . Unless you have violated the terms and conditions of the Agreement, if you are a Paid User, a material modification that negatively impacts the Service or a suspension, discontinuance, or other termination of the Service or the Agreement will occur at the end of the current term of the Service. Notwithstanding the foregoing, Portcutter Settlements Inc. may make a material modification that negatively impacts the Service or suspend, discontinue, or otherwise terminate the Service or the Agreement at any time by refunding you the prorated portion of the fees you have paid for the current term of the Service through the end of that term. Continuation of the Service by a Paid User after any such material modification or suspension constitutes the Paid User's agreement to waive any claim for any refund of fees.

Other Remedies

In addition or as an alternative to termination, cancellation, or discontinuance of the Site and/or the Service, Portcutter Settlements Inc. may take whatever action it deems necessary or convenient, in its sole discretion, in the event of your breach of Agreement. Such actions may include, without limitation, suspending your access to the Site and/or the Service, blocking your IP address, or any other technical or legal means at Portcutter Settlements Inc. ’s disposal.

Affect of Termination

Upon expiration, termination, cancellation, or discontinuance of the Site and/or the Service, your right to use the Site and/or Service will cease in the time stated above, and you will have no right to access your account or any files or other content contained in your account, although residual copies may be retained in Portcutter Settlements Inc. system. Portcutter Settlements Inc. may retain any such files or other content at its discretion.

Any suspension, termination or cancellation will not affect your obligations to Portcutter Settlements Inc. under these Terms of Use (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

Your responsibilities

You agree to use the Boredom Assassin Services for lawful, non-commercial, and appropriate purposes only. You agree to observe the 'Boredom Assassin Services, Content and embedding restrictions detailed above, and further agree that you will not access the Site or use the 'Boredom Assassin Services in a way that: Boredom Assassin :

  • violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights.
  • uses technology or other means to access, index, frame or link to the Boredom Assassin Services (including the Content) that is not authorized by Portcutter Settlements Inc. (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Boredom Assassin Services)
  • involves accessing the Boredom Assassin Services (including the Content) through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the Boredom Assassin Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content)
  • introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment
  • damages, disables, overburdens, impairs, or gains unauthorized access to the Boredom Assassin Services, including Boredom Assassin's servers, computer network, or user accounts
  • removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Boredom Assassin Services (including the Content)
  • uses the Boredom Assassin Services to advertise or promote services that are not expressly approved in advance in writing by Portcutter Settlements Inc.
  • collects personally identifiable information in violation of Portcutter Settlements Inc. Privacy Policy
  • encourages conduct that would constitute a criminal offence or give rise to civil liability
  • violates these Terms or any guidelines or policies posted by Portcutter Settlements Inc.
  • interferes with any other party's use and enjoyment of the Boredom Assassin Services
  • attempts to do any of the foregoing

Accordingly, you undertake that:

  • you will play Content for personal, private use only (and not for any direct or indirect commercial purpose)
  • you will not, and will not encourage or assist any other person to, copy, reproduce, lend, rent, broadcast, distribute or transmit any Content
  • you will not, and will not encourage or assist any other person to, circumvent, modify, remove, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any security, encryption or other rights management technology or software that is part of any Content or part of the means by which we provide the Content to you

Suspension/Discontinuation

We hope not to, but we may change, suspend, or discontinue - temporarily or permanently - some or all of the Boredom Assassin Services (including the Content and the devices through which the Boredom Assassin Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that Portcutter Settlements Inc. may do so in Portcutter Settlements Inc. ’s sole discretion. You also agree that Portcutter Settlements Inc. will not be liable to you for any modification, suspension, or discontinuance of the Boredom Assassin Services, although Portcutter Settlements Inc. may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account). However, if Portcutter Settlements Inc. terminates your account or suspends or discontinues your access to Boredom Assassin Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.

Trade marks

Boredom Assassin, the Boredom Assassin logo and all other Boredom Assassin product or service marks are trade marks of Portcutter Settlements Inc. . All other trade marks, logos, images, product and company names displayed or referred to on the Website or any Device are the property of their respective owners. Nothing grants you any licence or right to use, alter or remove such material.

Force Majeure

Portcutter Settlements Inc. will not be liable to you by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, failure of the internet or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to Portcutter Settlements Inc. infrastructure or connectivity to the internet or failure at an Portcutter Settlements Inc. co-location facility (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, Portcutter Settlements Inc. will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues, and for such further period of time that Portcutter Settlements Inc. may reasonably require to recover from the effects of such Force Majeure Event.

Disclaimer of Warranties

You expressly understand and agree that your use of the site and/or the service is at your sole risk. Portcutter Settlements Inc. and its suppliers provide the service "as is" and without any warranty or condition of any kind, express, implied, statutory, or otherwise, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. Portcutter Settlements Inc. makes no warranty that the site or the service will: meet your requirements or be uninterrupted, timely, properly stored or delivered, accurate, secure, error-free, or free of viruses or other harmful components, and the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations. Any material transmitted or otherwise obtained through the use of the service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the transmission of any such material.

Governing Law

These Terms and Conditions and all matters arising out of or otherwise relating to these Terms and Conditions shall be governed by the laws of the United States of America, excluding its conflict of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms and Conditions. The parties hereby submit to the personal jurisdiction of the state and federal courts of the United States of America. Exclusive venue for any litigation or arbitration permitted under this Agreement shall be with United States of America.

Take down policy

A request to take down data can be made by anyone claiming to be the owner of intellectual property that is displayed within the website.. The request can be made via email, telephone, verbally or in writing.

The person making the request should:

  1. Confirm their role and relationship to the data.
  2. Clarify which specific data item(s) they are requesting be removed.
  3. Show clear proof that they are the owner of the data.
  4. Confirm the contractual rights of the data.

If the request is from the organisation that owns the data and it is clear what information is to be removed then no further information is needed and the data will be removed as soon as possible while an investigation is made. Since all content on the website is either fully owned or licensed for use via contracts which have been provided, this removal will be temporary until proven use of the content is restored.

If the request is not from the owner of the data it will be necessary to establish the reason for the request; for example, it may contain sensitive personal information or be inaccurate.

Once a decision to act, or not to act, has been taken the requester will be informed. Regardless of the decision, all requests for data to be taken down will be logged. This information will not be made public and is for internal reference only.

Once we have decided that data should be removed we will endeavour to do this as quickly as possible. This may require us to work with the requester in order to identify all the relevant data. We will also work with the owner of the data to ensure that they are able to remove/redact the data at source.

We understand that any request to remove data will be seen as urgent by the requester. When a decision to act has been taken we will aim to remove the data within two working days of receiving a request. In some cases this may not be possible. In these cases, we will keep the requester informed of what action we are taking and the expected time frame for taking down any relevant data.

We reserve the right to update or amend this policy at any time and without prior notice.