Terms of Use
WAYLAND GAMES USA LLC
WEBSITE TERMS OF USE
Last Updated: August 25th 2026
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE
1. What’s in These Terms?
These Website Terms of Use explain the rules that apply when you access or use our website https://us.battlefoam.com/, together with any related websites, applications, customer portals, or online services operated by Wayland Games USA LLC, collectively referred to as the “Site.”
Furthermore, the acceptable use policy element of these terms sets out the content standards that apply when you upload content to our site, make contact with other users on our Site, link to our Site, or interact with our Site in any other way.
2. Who We Are and How to Contact Us
The Site is operated by Wayland Games USA LLC (“We”, “Us”), a limited liability company organized under the laws of the State of Arizona, with its principal place of business at 120 E Corporate Pl, Suite 1, Chandler, AZ 85225.
You may contact us via e-mail at info@battlefoam.com.
Following the transition of Battle Foam operations, customer accounts, websites, services, or other assets formerly associated with Battle Foam may be operated by us. While this transition is being finalized, temporary references to previous Battle Foam operations may still remain on the Site.
3. By Using Our Site You Accept These Terms
By using our Site, you confirm that you accept these Terms and agree to comply with them.
If you do not agree to these Terms, you must not use the Site.
We recommend that you print a copy of these terms for future reference.
4. Other Terms That May Apply to You
The following additional policies may also apply:
- our Privacy Policy;
- our Warranty Policy;
- our Terms and Conditions of Sale if you purchase products through the Site;
- our Shipping Policy;
- our Returns Policy;
- any additional terms displayed in connection with a particular service..
5. We May Make Changes to These Terms
We may amend these Terms from time to time.
The updated version will be posted on the Site with a revised “Last Updated” date. Changes will apply prospectively from the date they are posted unless otherwise stated.
Where required by applicable law, we will provide additional notice or obtain consent before material changes take effect.
Your continued use of the Site after an updated version becomes effective constitutes acceptance of the revised Terms to the extent permitted by law.
6. We May Make Changes to Our Site
We may update and change our Sites from time to time to reflect changes to our products, our users' needs and our business priorities. We are under no obligation to provide any form of notice of any changes, whether minor or major.
We may suspend or withdraw our Sites at any time, without reason and without the need to provide notice whatsoever.
7. Our Site Is Made Available Free of Charge
Although access to the Site is generally free of separate charges, we do not promise that the Site, or any of its content, will continuously be available, uninterrupted, secure, or free from errors.
For operational, business, maintenance, legal, or security reasons, we may restrict, suspend, or withdraw access.
It is your responsibility to make sure that anyone accessing the Site via your internet connection or hardware is informed of and abides by these Terms.
8. We May Transfer These Terms to Someone Else
We may assign our rights and obligations under these Terms to an affiliate, successor, or purchaser during a merger, restructuring, asset sale, or the transition of Battle Foam operations, subject to applicable law.
We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
9. Our Site Is Intended for Users in the United States
The Site is primarily directed to users located in the United States.
We do not represent that the Site or its content is appropriate, lawful or available in every country, state or territory.
Depending on your location, product availability, pricing, shipping, and promotions may vary.
Furthermore, individuals who choose to access the Site from outside the United States do so on their own initiative and bear sole responsibility for adhering to all relevant local laws.
10. You Must Keep Your Account Details Safe
You are responsible for maintaining the confidentiality of your username, password, and any other security credentials. You must not share your account access with others or permit unauthorized use. Furthermore, you agree to provide accurate, complete, and current information, and you remain responsible for all activity conducted through your account to the extent permitted by law.
We reserve the right to disable or suspend your account or login credentials if we have reason to believe that our Terms have been violated. This includes instances where an account appears compromised, is involved in fraudulent or unlawful behavior, presents a security risk, or if we determine that suspension is necessary to safeguard our company, our users, or other third parties.
You are obligated to notify us immediately if you know or suspect that your account has been accessed without authorization. Prompt reporting is essential for maintaining the security of your account and ensuring that we can respond effectively to any potential threats.
11. How You May Use Material on Our Site
All intellectual property rights associated with this Site and its contents including text, software, graphics, and trademarks are owned by us or our licensors and protected by applicable laws. You may access and use the Site for personal, lawful, and non-commercial purposes, but you may not copy, modify, distribute, or commercially exploit any content, nor use our branding or third-party assets, without our express written permission. Any breach of these terms will result in the immediate termination of your right to use the Site, and we may require you to delete or return any unauthorized copies.
12. No Text or Data Mining, Web Scraping or Unauthorized AI Use
Unless we provide express written authorization, you are strictly prohibited from conducting, facilitating, permitting, or authorizing any web scraping, text or data mining, or automated data extraction involving the Site.
Utilizing any automated program, algorithm, robot, crawler, scraper, spider, bot, or similar process is forbidden to:
- monitor, access, copy, or republish any Site content;
- extract product information, descriptions, prices, or images;
- build or maintain a competing database;
- bypass rate limits or access controls; or
- disrupt or interfere with the operation of the Site.
Additionally, you may not use any Site data or content to train, develop, fine-tune, test, or validate any machine-learning or artificial intelligence models without obtaining our prior written consent.
Activities that cannot be lawfully restricted by contract are not prohibited by this section.
13. Do Not Rely on Information on Our Site
The content on our Sites is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Sites.
Although we make reasonable efforts to update the information on our Sites, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our Sites is accurate, complete or up to date.
14. We Are Not Responsible for Websites We Link To
Any links on our Sites to third-party websites and resources are offered solely for informational purposes. These links do not imply our endorsement of the linked Sites or any information obtained from them.
We do not control the content found within those external Sites or resources.
Visiting any third-party websites is done entirely at your own risk.
15. User-Generated Content Is Not Approved by Us
The Site may contain reviews, comments, images, posts, videos or other content submitted by users.
Unless we expressly state otherwise, user-generated content has not been verified or approved by us.
The opinions expressed by users do not necessarily represent our opinions, values or policies.
16. How to Report or Complain About User Content
You may report content that you believe:
- is unlawful;
- infringes intellectual property rights;
- threatens or harasses another person;
- exploits or endangers a minor;
- contains child sexual abuse material;
- promotes terrorism or violent extremism;
- violates privacy or publicity rights;
- contains non-consensual intimate imagery; or
- otherwise breaches these Terms.
Reports should be sent via e-mail to info@battlefoam.com and should include enough information for us to identify and review the content.
A copyright notice should identify the protected work, the allegedly infringing material, its location on the Site, the complaining party’s contact details, and the statements and signature required under applicable U.S. copyright law.
We may remove or restrict content while reviewing a complaint.
17. Our Responsibility for Loss or Damage Suffered by You
We do not exclude or limit our liability where it would be illegal to do so. This applies to liability for death or personal injury caused by our negligence, fraud, fraudulent misrepresentation, willful misconduct, or gross negligence.
Your rights and remedies under federal or Arizona law remain unaffected by these Terms. However, distinct exclusions and limitations of liability apply to product sales, as specified in our Terms and Conditions of Sale.
The Site is intended solely for personal, non-commercial use, and you may not use it for commercial or business activities without our prior written consent. To the maximum extent permitted under applicable law, we will not be responsible for any indirect, special, incidental, consequential, or punitive damages, including any loss of revenue, profits, business, or goodwill resulting from your use of or inability to access the Site.
Should any digital content we provide cause damage to your device or digital content due to our failure to use reasonable care, we will offer the remedies mandated by law. We cannot be held responsible for any damage that you could have prevented by installing available updates, adhering to our guidelines, or meeting the required system specifications.
Please note that alternative terms apply to product purchases as set out in our Terms and Conditions of Sale.
18. How We Use Your Personal Information
We process personal information as described in our Privacy Policy (https://us.battlefoam.com/privacy-policy/).
Our Privacy Policy explains the categories of information we collect, why we collect it, how we use and share it, how long we retain it, and the rights that may be available to you.
Information associated with former Battle Foam customers may be transferred to or processed by us as part of the business transition, subject to applicable law and the relevant Privacy Policy.
19. Uploading Content to Our Site
When you upload content, you warrant that you own all necessary rights, that the content is lawful and accurate, and that it does not infringe on third-party rights. You retain ownership of your content but grant us a worldwide, royalty-free, transferable license to use, store, modify, and distribute it for the purpose of operating, improving, and promoting our Site and services.
You are responsible for keeping your own backup copies. We reserve the right to remove, restrict, or disable content that violates these terms or applicable law, and we may disclose user information when required by legal obligations or security investigations. Nothing in these terms prevents you from sharing lawful, honest reviews or opinions about our products and services.
20. We Are Not Responsible for Viruses, and You Must Not Introduce Them
We do not guarantee that the Site will be secure or free from bugs, malware or viruses.
You are responsible for configuring your devices and software and should use appropriate security and virus-protection tools.
You must not knowingly introduce malware, viruses, worms, Trojan horses, logic bombs, or any other malicious code to the Site, attempt to gain unauthorized access to the Site or its systems, bypass or interfere with security or authentication measures, test or exploit vulnerabilities without our prior authorization, disrupt or interfere with the operation of our data, servers, networks, software, or infrastructure, launch or participate in denial-of-service or distributed denial-of-service attacks, or use the Site or its services to compromise, attack, or gain unauthorized access to any other system or network.
We may report suspected criminal or unauthorized activity to law enforcement and cooperate with lawful investigations.
21. Rules About Linking to Our Site
You may not link to our Sites whatsoever, including but not limited to our home page, in any circumstances whatsoever.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
Our Site must not be framed on any other Site, nor may you create a link to any part of our Site.
22. Acceptable Use Policy
These acceptable use standards govern your access to the Site, including uploading or sharing content, publishing reviews, messaging other users, and engaging with any interactive elements.
Adherence to these guidelines is mandatory, both in their literal meaning and their intended purpose.
We reserve the right to evaluate, using reasonable discretion, whether any action or material breaches this policy.
23. Prohibited Uses
You may not use our Site:
- In any way that breaches any applicable local, national or international law or regulation;
- In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
- For the purpose of harming or attempting to harm minors in any way;
- To bully, insult, intimidate or humiliate any person;
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out herein;
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- In any way that involves child sexual exploitation or abuse;
- To upload terrorist content.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of our terms of website use as set out herein.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our Site;
- any equipment or network on which our Site is stored;
- any software used in the provision of our Site; or
- any equipment or network or software owned or used by any third party.
24. Interactive Services
We may provide interactive services, such as:
- Video-sharing of facilities;
- Chat rooms;
- Bulletin boards.
Interactive services may be moderated or unmoderated.
We may use human or automated moderation but do not guarantee that all inappropriate content will be identified or removed immediately.
We may impose age requirements or require parental or guardian consent for particular features.
Parents and guardians should supervise minors’ online activity and discuss appropriate online safety practices with them.
25. Content Standards
These standards apply to all material submitted to or generated through the Site.
Content must:
- be accurate where it states facts;
- be genuinely held where it states opinions;
- relate to the product, service or topic being discussed; and
- comply with applicable law.
Content must not:
- defame another person;
- be obscene, threatening, abusive, hateful or inflammatory;
- bully, intimidate, exploit or harass;
- promote unlawful violence or discrimination;
- contain child sexual abuse or exploitation material;
- be pornographic or sexually exploitative;
- infringe copyright, trademark, privacy, publicity or other rights;
- deceive or impersonate;
- disclose confidential information;
- promote unlawful conduct;
- include malicious code;
- contain unauthorized commercial solicitations;
- manipulate or fabricate customer reviews;
- falsely claim affiliation with us; or
- encourage conduct likely to cause serious injury or harm.
Lawful, honest consumer opinions including negative opinions are permitted, provided they otherwise comply with these standards.
26. Illegal Content
You must not use the Site to create, upload, distribute, promote or facilitate content or activity involving:
- Terrorism;
- Child sexual exploitation or abuse including grooming and child sexual abuse material;
- Hate offences;
- Harassment, stalking, making threats or abuse;
- Controlling or coercive behaviour;
- Intimate image abuse;
- Extreme pornography;
- Sexual exploitation of adults;
- Human trafficking;
- Unlawful immigration;
- Fraud and financial offences;
- Proceeds of crime offences;
- Drugs or psychoactive substance offences;
- Firearms, knives and other weapons offences;
- Encouraging or assisting suicide;
- Foreign interference offences;
- Animal cruelty.
27. Content Harmful to Children
The following must not be uploaded, shared or generated directly on this service:
- Pornographic content.
- Content which encourages, promotes or provides instructions for suicide.
- Content which encourages, promotes or provides instructions for an act of deliberate self-injury.
- Content which encourages, promotes or provides instructions for an eating disorder or behaviours associated with an eating disorder.
Where we become aware of apparent child sexual abuse material, exploitation or imminent danger, we may preserve relevant records and report the matter to appropriate authorities.
28. Threatening, Deceptive and Abusive Communications
You must not send or publish:
- a credible threat of death or serious injury;
- a knowingly false emergency or threat report;
- communications intended to cause serious fear, distress or harassment;
- non-consensual sexual images;
- sexually explicit manipulated or synthetic images of an identifiable person;
- messages encouraging imminent suicide or serious self harm;
- content designed to trigger a known medical condition with intent to harm; or
- communications that violate applicable criminal or civil law.
29. Additional Provisions for Video Content
Video content must comply with all other requirements in these Terms.
You must not upload video containing:
- unlawful sexual content;
- child sexual abuse or exploitation material;
- credible threats or instructions for serious violence;
- terrorist recruitment or operational material;
- non-consensual intimate imagery;
- unlawful discrimination or targeted harassment;
- graphic violence uploaded for abusive purposes;
- hidden or undisclosed advertising; or
- material that infringes another person’s rights.
You must clearly disclose paid promotions, sponsorships, endorsements or other material connections where required by law.
30. Advertising
You must not use user-content or interactive features to advertise or promote another business, service, website or commercial opportunity without our prior written permission.
Any authorized advertising must:
- be truthful and not misleading;
- clearly disclose material terms;
- identify paid endorsements or relationships;
- comply with applicable advertising and consumer-protection laws;
- not target children in an unlawful or inappropriate manner;
- not promote unlawful goods or services; and
- not misrepresent affiliation with us.
31. Breach of This Policy
When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms of use as set out herein upon which you are permitted to use our Site, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our Site.
- Immediate, temporary or permanent removal of any Contribution uploaded by you to our Site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
32. Severability and Waiver
If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in effect.
Our failure to enforce a provision does not waive our right to enforce it later.
33. Entire Agreement
These Terms and the policies incorporated by reference constitute the agreement between you and us regarding use of the Site.
They do not replace the separate terms governing product purchases.
34. Which Laws Apply to Disputes?
These Terms, their subject matter and their formation are governed by the laws of the State of Arizona, without regard to conflict of laws rules.
All disputes must be resolved in state or federal courts in Maricopa County, Arizona, though either party may still seek emergency injunctive relief. This does not limit your rights under the mandatory laws of your state of residence.
Contact Us
Questions about these Terms may be directed to:
Wayland Games USA LLC
120 E Corporate Pl
Suite 1, Chandler, AZ 85225
United States