PBL BITDOTGAMES
PUBLISHING LIMITED TERMS OF SERVICE
PBL
BITDOTGAMES PUBLISHING LIMITED TERMS OF SERVICE
Last
updated: October 29, 2021
The terms of this agreement (“Terms of Service”) govern the relationship between you (“you” or “user”) and PBL BITDOTGAMES PUBLISHING LIMITED (hereinafter “Bit.Games” or “us” or “we” or “Company”) regarding your use of Bit.Games’ games, mobile applications, game portals, game forums, chat rooms of the games and other related services provided by Bit.Games on any website, platform and/or application (the “Service” or the “Game”). Use of the Service is also governed by Privacy Policy, which is incorporated herein by reference, as well as other agreements and terms in respect of certain Service (if any).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
Only natural persons are entitled to download/acquire/use the Service.
By downloading, installing, or otherwise using any Service, the User
(A) acknowledges that he/she has read, understood, and unconditionally accepted the terms and conditions of these Terms of Service, as well as the conditions of other relevant agreements and regulations and guarantees that he/she will observe them during the entire use of the Service;
(B) acknowledges and agrees that he/she has independently evaluated the desirability of using the Service and is not relying on any representation, guarantee, or statement other than as expressly set forth herein;
(C) represents and warrants that he/she is lawfully able to enter into contracts (e.g. the User has reached the age of capacity provided by applicable law). If the User is minor, he/she shall become acquainted of these Terms of Service with the help of his parents/legal guardians. Company recommends parents or guardians to monitor their children's online activities. To protect children’s privacy, Company advises parents or guardians to check that their children never disclose their personal data without prior consent of their parents or guardians. COMPANY reserves the right to restrict access to certain services on age grounds and may allow the registration for certain services with parental approval when underage. Company reserves the right to ask for written proof of parental consent for any User or potential User suspected to be a minor. In all cases, utilization of the Service by minors must take place under the responsibility of their parents or legal guardians and any use is assumed to have been validated by them; and
(D) represents and warrants that he/she is not accessing the Service through a VPN or similar tools.
Otherwise, installation or other use of the Service is prohibited.
The Service is also not available to any users previously suspended or removed from the Service by Bit.Games.
If you access the Service from any third party platform providers, such as social networks or Apple and Google, from whom you download the Service, you shall comply with its terms of service/use as well as these Terms of Service.
Please note that the Service may offer services and software of the partners of Bit.Games, the use of which shall be governed by separate agreements with these partners of Bit.Games.
1. YOUR ACCOUNT
You may create an account in the Service (if applicable in the certain Service) (“Account”) by providing a username and/or email address and a password (“Login Information”).
Bit.Games reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights or You use username that breaches these Terms of Service.
Your Account is for your personal, non–commercial use. You are informed and accept that the information provided when opening your Account is presumed to establish your identity. You guarantee that all information provided is accurate and up to date. You undertake to update this information on your Account as soon as it is modified so that it always complies with these criteria. You shall not share the Account or your login and password, nor let anyone else access your Account or do anything else that might threaten the security of the Account. You shall maintain the confidentiality of your Login Information. You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might threaten the security of your Account. You are solely responsible for maintaining the confidentiality of your Login Information, and you will be solely responsible for all uses of your Login Information, including any purchases or other changes to your Account and/or Account status, whether or not authorized by you. You are responsible for anything that happens through your Account.
In the event that the you become aware of or reasonably suspects any breach of security, including, without limitation, any loss, theft, or unauthorised disclosure of your login and password, you must immediately notify Bit.Games thereof and modify your login and password in case corresponding Service has such a functional. In the absence of such prompt notification, Bit.Games cannot guarantee the safety of your data, including, but not limited, to your game process.
Bit.Games will not be responsible for anything that happens through or to your Account and/or Account status as a result of you allowing any third party to access your Login Information and/or Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Bit.Games and modify your Login Information.
You should be acknowledged that you are solely responsible for the saving of your game process in the Service. In order to save your game process you are strongly recommended to attach your game profile to your account in Game Center (for iOS) and Google Play (for Android) through the menu of the game.
You are forbidden to distribute, use, or deliberately obtain any information granting access to the Account of another user, as well as distribute links to third party resources containing such information. It is forbidden to use or attempt to use another user’s Account or Login Information without authorisation from that user and Bit.Games, inter alia, to log into the Account registered by another user in case of receiving such information or by other means.
2. LIMITED LICENSE TO USE THE SERVICE
From the moment of acceptance of these Terms of Service, Bit.Games grants to you personal, non-transferable, non-sublicensable, non-exclusive, non-assignable revocable limited license subject to the limitations below to access and use the Service for your own personal and non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
Unless otherwise specified by Bit.Games, you are not permitted to reproduce, copy, modify, distribute, transmit, display, publish, license, create derivative works from the Service or any its part.
All rights not expressly granted in these Terms of Use are reserved.
3. LICENSE RESTRICTIONS
Using the Service, You agree to comply with the following license restrictions when you access or use the Service:
Bit.Games shall have the right to apply to you, in case of violation of these Terms of Service, the following types of sanction depending on the extent of the violation committed by you on the game process and other users:
5. PURCHASE TERMS
You acknowledge that you may access and/or download some Services for free, and while there may be additional content or services available for purchase within some Services (in-app purchases).
You may purchase in the Service, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, available in the Service; (b) “virtual in-game items” (together with “virtual currency”, “In-Service Content”); and (c) other goods or services (“Merchandise”). You are only allowed to purchase In-Service Content from us or our authorized partners through the Service, and not in any other way. All fees payable for In-Service Content are non-refundable. All in-game sales are final. The In-Service Content is not subject to return or exchange unless it is otherwise provided herein. By purchasing the In-Service Content, as well as exchanging the virtual currency for the virtual in-game items, you understand and agree that (i) your access to the Service may be terminated according to these Terms of Service, and/or (ii) Bit.Games may manage, regulate, control, modify or eliminate In-Service Content and/or Merchandise at any time, with or without notice, as well as the Service may be discontinued at any time for any reason, and that such events do not give rise to your right to receive a refund of any sums paid for any used or unused Service, virtual currency, other In-Service Content and/or Merchandise.
Bit.Games shall have no liability to you or any third party in the event that Bit.Games exercises any such rights.
IN ADDITION, THE CHARGES AND PURCHASES ARE NOT REFUNDABLE IN THE EVENT THAT YOU ARE DISSATISFIED WITH THE SERVICE.
The transfer of In-Service Content and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer In-Service Content or Merchandise to any person or entity. Any such transfer or attempted transfer is prohibited and void, and may result in termination of your right to access to the Services.
The provision of In-Service Content for use in the Service is a service provided by Bit.Games that commences immediately upon acceptance by Bit.Games of your purchase.
In the event that you receive paid In-Service Content without payment and / or incomplete payment, and / or virtual currency is not debited from your Account to pay for such paid In-Service Content as a result of a technical error or a Service failure or a conscious user action, you are obliged to inform Bit.Games of this fact.
If the you are a child under the applicable laws, you may acquire paid In-Service Content only with the parental consent. Bit.Games may from time to time request the parental consent confirmation.
If Bit.Games reveals that either parental consent was not given by your parent/legal guardian, or in case of your failure to provide the parental consent confirmation, Bit.Games may withdraw In-Service Content already displayed in your Account, as well as to apply other sanctions provided in this Terms of Service.
6. USER CONTENT
By transmitting or submitting any communications, images, sounds, and all the material, data, information or any chat text through the Service or any suggestions for enhancement or feedback regarding the Service, or any feedback that Bit.Games receives from you within public/close tests or surveys, including those submitted through Bit.Games’ applications (“User Content”) you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Bit.Games in accordance with its Privacy Policy; (e) you grant us a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use your User Content and any modifications thereto in connection with the Service without compensation to you by any and all lawful means, inter alia, to reproduce, distribute, transmit, transcode, translate, broadcast, publicly display, publicly perform, make available to the public, modify, create derivative works from it; this license shall be deemed granted to Bit.Games for the entire duration of the intellectual property rights to such User Content as soon as it is uploaded on the Service or from the moment Bit.Games otherwise acquires such rights, inter alia, from its affiliates; to the extent permitted by applicable law, you waive any moral rights you may have in your User Content (such as the right to be identified as the author).
Bit.Games reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. Bit.Games assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. Bit.Games does not, and cannot, pre-screen or monitor all User Content.
Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications. If at any time Bit.Games chooses, in its sole discretion, to monitor the Service, Bit.Games nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. Bit.Games has the right, but not the obligation, in its sole discretion to edit, refuse to post, or remove any User Content.
7. USER INTERACTIONS
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. Bit.Games reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Bit.Games to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Bit.Games access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
8. OWNERSHIP
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a the Service and server software) are owned by Bit.Games. Bit.Games reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service.
9. UPDATES AND MODIFICATIONS
In order to improve the Service, Bit.Games reserves the right to introduce automatic updates and modifications into the Service (if applicable) so long as your device is connected to the Internet, without your needing to install the said updates and modifications manually. In order to ensure efficiency of the mentioned updates and modifications and to enable you to continue using the Service, you hereby express consent to the introduction of such updates and modifications. All updates constitute an integral part of the Service and the rules of these Terms of Service shall apply to such updates.
You also agree that Bit.Games may require you to accept and download updates for further use or access to the Service when it is necessary for proper functioning of the Service.
Bit.Games may modify functions and informational contents of the Service at any time at its own discretion without additional notice to you.
These Terms of Service apply to any automatic updates (additions, modifications) to the Service that are introduced by Bit.Games by means of the Internet and which are not accompanied by a separate license or other agreement.
10. WARRANTY DISCLAIMER
IF THE USER RESIDES IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
THE GAME IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. THEREFORE, USERS ACKNOWLEDGE THAT THE GAME MAY NOT MEET THEIR INDIVIDUAL PREFERENCES AND EXPECTATIONS. THE COMPANY WILL MAKE ALL COMMERCIALLY REASONABLE EFFORTS TO ENSURE CONTINUOUS OPERATION OF THE GAME, ACCORDINGLY USERS ACKNOWLEDGE THAT THE GAME ISN’T ERROR-FREE AND MAY BE INTERRUPTED.
THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, THE GAME CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO THE GAME.
THE COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF SAFETY, FREEDOM FROM VIRUSES, FREEDOM FROM BUGS, LEGALITY AND/OR RELIABILITY OF INFORMATION, DATA OR MATERIALS. THE COMPANY DOES NOT WARRANT THAT THE PERFORMANCE OF USERS’ PERSONAL COMPUTERS OR OTHER DEVICES IS ADEQUATE TO USE THE GAME. USERS ARE ADVISED TO DETERMINE IN ADVANCE THE COMPUTER SYSTEM’S REQUIREMENTS FOR A PARTICULAR GAME AND WHETHER THEIR COMPUTER SYSTEM MEETS THOSE REQUIREMENTS. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GAME, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APP FEATURED IN ANY BANNER OR OTHER ADVERTISING. THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND ANY THIRD-PARTY PROVIDERS OF GOODS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHALL USE HIS/HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IF THE USER RESIDES OUTSIDE THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
THE GAME IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE GAME AND USE THEREOF BY THE USER, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, THE GAME CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO THE GAME. THE COMPANY WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE GAME, (C) ANY UNAUTHORISED ACCESS TO OR USE OF THE COMPANY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE GAME, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE GAME BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GAME. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GAME, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APP FEATURED IN ANY BANNER OR OTHER ADVERTISING. THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND ANY THIRD-PARTY PROVIDERS OF GOODS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHALL USE HIS/HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
11. LIABILITY
IF THE USER RESIDES IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
THE COMPANY COMMITS ITSELF TO ACT WITH THE CARE AND DILIGENCE CUSTOMARILY USED IN THE PROFESSION IN ORDER TO PROVIDE FOR THE IMPLEMENTATION OF SERVICES DELIVERED TO THE USERS.
NEVERTHELESS, THE COMPANY LIABILITY MAY NOT BE ENGAGED IN THE EVENT OF DELAY OR BREACH OF ITS CONTRACTUAL OBLIGATIONS IF THE DELAY OR BREACH IS DUE TO A CAUSE BEYOND ITS CONTROL: FORTUITOUS EVENT OR CASE OF FORCE MAJEURE.
IF THE USER RESIDES OUTSIDE THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS AFFILIATES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, OR PARTNERS SHALL BEAR ANY LIABILITY TO THE USER FOR ANY DAMAGE (INCLUDING, BUT NOT LIMITED TO, ACTUAL LOSSES, INCIDENTAL LOSSES, INDIRECT LOSSES, LOST PROFIT, OR LOST DATA, REGARDLESS OF WHETHER SUCH DAMAGE WAS PREDICTABLE OR NOT) ARISING IN CONNECTION WITH THIS EULA AND WITH THE USE OF THE GAME BY THE USER.
THE COMPANY SHALL NOT BEAR LIABILITY FOR THE IMPOSSIBILITY OF INSTALLING OR LAUNCHING THE GAME ON THE USER’S DEVICE, AS WELL AS FOR ANY POSSIBLE ERRORS AND FAILURES IN GAME OPERATION. THE USER MUST CONNECT TO THE INTERNET IN ORDER TO USE THE GAME. ALL COSTS OF THE INTERNET CONNECTION SHALL BE INCURRED BY THE USER. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED TO THE USER AS A RESULT OF CONNECTION TO THE INTERNET OR INSTALLATION OF MALICIOUS SOFTWARE ON THE USER’S DEVICE.
IF THE LIMITATION OR EXCLUSION OF LIABILITY IS PROHIBITED BY APPLICABLE LAW, THE COMPANY'S LIABILITY MUST BE LIMITED TO THE MAXIMUM EXTENT PERMITTED.
12. APPLICABLE LAW, JURISDICTION
These Terms shall be governed and construed by the law of England and Wales. All disputes arising out of or in connection with these Terms of Service shall be resolved by means of correspondence and negotiations without recourse to a court.
In the case that you and Bit.Games fail to come to agreement without recourse to a court within 60 (sixty) business days from the date of the receipt of the relevant claim, disputes shall be resolved by a state court of the relevant jurisdiction at the place of location of Bit.Games unless otherwise expressly provided by applicable law.
If you reside in France, these Terms of Use are subject to French Law, and any dispute arising from the formation, interpretation or execution of the present terms and conditions shall be subject to the exclusive jurisdiction of the French courts.
In accordance with Article 14 of Regulation 524/2013/EU, the European Commission provides consumers with an online dispute resolution platform accessible at the following address: https://ec.europa.eu/consumers/odr/.
13. DATA AND INFORMATION SECURITY
Personal data protection rules of Bit.Games are available on the website https://bit.games/en/privacy_policy.
BIT.GAMES is very concerned about the protection of personal data. The personal data collected by BIT.GAMES in the context of the present document will be subject to automated processing in accordance with applicable law. All information collected as part of the provision of the service is recorded by BIT.GAMES, which is data controller. It is essential for the operation of the services offered by BIT.GAMES
In order to exercise one or more of your rights, you must provide proof of identity and contact the person in charge of data protection at BIT.GAMES (via Service Support at support@bit.games or writing to KIBC, 4th floor, Profiti Ilias 4, Germasogeia 4046, Limassol, Cyprus).
In the event of a complaint, it is possible to contact the authority of your country of residence. If you reside in France, you may oppose at any time any commercial canvassing correspondence and may also register on the list of opposition to telephone canvassing on www.bloctel.fr. You can also contact CNIL at www.cnil.fr.
The information submitted by you in any way is to be accurate.
Although Bit.Games does its very best uses reasonable efforts to ensure the confidentiality of the data information and has implemented appropriate technical and organisational measures to ensure and to be able to demonstrate that processing is performed in accordance with data protection regulation, you understand that no security measures are perfect and that they can be circumvented.
You understand and acknowledge that, even after deletion of data and the User Content provided by you, such data or User Content may remain accessible in the cache or Web archives, as well as in the search results of search engines, and may also be available to other persons if other users have copied and stored your data or User Content.
Bit.Games cannot control the actions of other users with whom you want to share your account data (login and password). Therefore, Bit.Games cannot warrant that any User Content that the User posts in the Service will not be available for viewing by unauthorised persons.
The information provided by you is used by Bit.Games and/or its partners/affiliates in accordance with the Privacy Policy available at https://bit.games/en/privacy_policy.
14. YOUR HEALTH
The following precautions should be taken by you:
• Avoid playing if tired or short of sleep;
• Play at good distance from the screen;
• Play in a lit room and moderate the brightness of the screen;
• Take breaks of ten (10) to fifteen (15) minute every hour.
WARNING, SOME INDIVIDUALS ARE LIABLE TO HAVE EPILEPTIC FITS INCLUDING, IN CERTAIN CASES, LOSS OF CONSCIOUSNESS, PARTICULARLY WHEN EXPOSED TO STRONG LUMINOUS STIMULATIONS (RAPID SUCCESSION OF IMAGES OR REPETITION OF SIMPLE GEOMETRICAL FIGURES, FLASHES OR EXPOSURES). SUCH INDIVIDUALS ARE EXPOSED TO RISKS OF FITS WHEN THEY PLAY CERTAIN VIDEO GAMES CONTAINING SUCH LUMINOUS STIMULATIONS; BIT.GAMES HIGHLY RECOMMENDS YOU TO CONSULT YOUR DOCTOR BEFORE ANY USE. PARENTS MUST ALSO PAY PARTICULARLY CLOSE ATTENTION TO THEIR CHILDREN WHEN THEY PLAY VIDEO GAMES. IF THE USER PRESENTS ONE OF THE FOLLOWING SYMPTOMS: DIZZINESS, VISION PROBLEMS, CONTRACTION OF THE EYES OR MUSCLES, DISORIENTATION, INVOLUNTARY MOVEMENT OR CONVULSIONS OR MOMENTARY LOSS OF CONSCIOUSNESS, YOU MUST IMMEDIATELY STOP PLAYING AND CONSULT A DOCTOR OR USERS’ PARENTS MUST COMPEL THEIR CHILDREN TO DO SO.
15. MISCELLANEOUS
(a) Term and Termination. These Terms of Service are effective from the moment when you first downloads, installs, or otherwise uses the Service. These Terms of Service remain valid until one of the Parties unilaterally repudiates fulfillment of the terms and conditions hereof. Both parties have an ordinary right to terminate these Terms of Service at any time with immediate effect. Ordinary termination does not require any reasons to be given. In particular, but not exclusively, Bit.Games has the right to terminate these Terms of Service with you, if you violate applicable laws and regulations or breach these Terms of Service or the particular Services rules, as well as if you do not use your Account for a period of twelve (12) or more months. You may terminate these Terms of Service at any time by deleting the Service from your device (applicable for mobile applications) or by stopping access to the certain Service.
In case of termination of these Terms of Service, Sections 6, 8, 10, 11, 12 shall remain in force.
(b) Assignment. Bit.Games may at its own discretion at any time assign and/or delegate its rights and obligations under these Terms of Service or any part of them to any third party without notice to you. You may not assign these Terms of Use in whole or in part to any person or entity without Bit.Games’ prior written consent, and any unauthorized assignment and delegation by you is void.
(c) You hereby understand, accept and agree that any Service may contain audio and / or video effects, which under certain circumstances can cause in people who are prone to epileptic or other disorders of nervous character, worsening of these conditions, and you hereby guarantee that you do not suffer such disorders, or you will not use a Service. You accept and agree that regular long-term (continuous) usage of the personal computer or device can cause various complications of physical condition, including sight easing, scoliosis, various forms of neuroses and other negative effects on the body. You hereby warrant that you will use any Service only for a reasonable time, with breaks for rest and that you will take other measures prescribed by your doctor.
(d) These Terms of Service and related documents, unless otherwise stipulated within the Terms of Service, constitute full agreement of the Parties regarding use of the Service by you and substitute any previous oral and written agreements or oral and written agreements regarding your user of the Service.
(e) If any provision of these Terms of Service shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent possible and/or amended to achieve as closely as possible the effect of the original term, and the remaining provisions of these Terms of Service will remain in full force and effect.
(f) Bit.Games reserves the right to revise these Terms of Service or any related documents at any time by updating on the website located at https://bit.games/en/terms_of_service (“Website”) or by notifying you by e-mail or by any other means available. The revised Terms of Service or related documents come into force on the date on which they are published.
YOU ARE ADVISED TO CHECK THE WEBSITE PERIODICALLY FOR NOTICES CONCERNING SUCH REVISIONS. YOUR FAILURE TO TAKE THE ACTIONS OF FAMILIARISING YOURSELF MAY NOT BE THE GROUND FOR FAILURE TO FULFIL YOUR OBLIGATIONS AND YOUR FAILURE TO OBSERVE THE LIMITATIONS ESTABLISHED HEREBY. YOUR CONTINUED USE OF THE SERVICE SHALL BE DEEMED TO CONSTITUTE ACCEPTANCE OF ANY REVISED TERMS.
Only the English version of this document has legal effect. Any translations of this document to other languages are provided for your convenience only.
On all issues related to these Terms of Service, please use the e-mail address legal@bit.games.
The terms of this agreement (“Terms of Service”) govern the relationship between you (“you” or “user”) and PBL BITDOTGAMES PUBLISHING LIMITED (hereinafter “Bit.Games” or “us” or “we” or “Company”) regarding your use of Bit.Games’ games, mobile applications, game portals, game forums, chat rooms of the games and other related services provided by Bit.Games on any website, platform and/or application (the “Service” or the “Game”). Use of the Service is also governed by Privacy Policy, which is incorporated herein by reference, as well as other agreements and terms in respect of certain Service (if any).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
Only natural persons are entitled to download/acquire/use the Service.
By downloading, installing, or otherwise using any Service, the User
(A) acknowledges that he/she has read, understood, and unconditionally accepted the terms and conditions of these Terms of Service, as well as the conditions of other relevant agreements and regulations and guarantees that he/she will observe them during the entire use of the Service;
(B) acknowledges and agrees that he/she has independently evaluated the desirability of using the Service and is not relying on any representation, guarantee, or statement other than as expressly set forth herein;
(C) represents and warrants that he/she is lawfully able to enter into contracts (e.g. the User has reached the age of capacity provided by applicable law). If the User is minor, he/she shall become acquainted of these Terms of Service with the help of his parents/legal guardians. Company recommends parents or guardians to monitor their children's online activities. To protect children’s privacy, Company advises parents or guardians to check that their children never disclose their personal data without prior consent of their parents or guardians. COMPANY reserves the right to restrict access to certain services on age grounds and may allow the registration for certain services with parental approval when underage. Company reserves the right to ask for written proof of parental consent for any User or potential User suspected to be a minor. In all cases, utilization of the Service by minors must take place under the responsibility of their parents or legal guardians and any use is assumed to have been validated by them; and
(D) represents and warrants that he/she is not accessing the Service through a VPN or similar tools.
Otherwise, installation or other use of the Service is prohibited.
The Service is also not available to any users previously suspended or removed from the Service by Bit.Games.
If you access the Service from any third party platform providers, such as social networks or Apple and Google, from whom you download the Service, you shall comply with its terms of service/use as well as these Terms of Service.
Please note that the Service may offer services and software of the partners of Bit.Games, the use of which shall be governed by separate agreements with these partners of Bit.Games.
1. YOUR ACCOUNT
You may create an account in the Service (if applicable in the certain Service) (“Account”) by providing a username and/or email address and a password (“Login Information”).
Bit.Games reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights or You use username that breaches these Terms of Service.
Your Account is for your personal, non–commercial use. You are informed and accept that the information provided when opening your Account is presumed to establish your identity. You guarantee that all information provided is accurate and up to date. You undertake to update this information on your Account as soon as it is modified so that it always complies with these criteria. You shall not share the Account or your login and password, nor let anyone else access your Account or do anything else that might threaten the security of the Account. You shall maintain the confidentiality of your Login Information. You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might threaten the security of your Account. You are solely responsible for maintaining the confidentiality of your Login Information, and you will be solely responsible for all uses of your Login Information, including any purchases or other changes to your Account and/or Account status, whether or not authorized by you. You are responsible for anything that happens through your Account.
In the event that the you become aware of or reasonably suspects any breach of security, including, without limitation, any loss, theft, or unauthorised disclosure of your login and password, you must immediately notify Bit.Games thereof and modify your login and password in case corresponding Service has such a functional. In the absence of such prompt notification, Bit.Games cannot guarantee the safety of your data, including, but not limited, to your game process.
Bit.Games will not be responsible for anything that happens through or to your Account and/or Account status as a result of you allowing any third party to access your Login Information and/or Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Bit.Games and modify your Login Information.
You should be acknowledged that you are solely responsible for the saving of your game process in the Service. In order to save your game process you are strongly recommended to attach your game profile to your account in Game Center (for iOS) and Google Play (for Android) through the menu of the game.
You are forbidden to distribute, use, or deliberately obtain any information granting access to the Account of another user, as well as distribute links to third party resources containing such information. It is forbidden to use or attempt to use another user’s Account or Login Information without authorisation from that user and Bit.Games, inter alia, to log into the Account registered by another user in case of receiving such information or by other means.
2. LIMITED LICENSE TO USE THE SERVICE
From the moment of acceptance of these Terms of Service, Bit.Games grants to you personal, non-transferable, non-sublicensable, non-exclusive, non-assignable revocable limited license subject to the limitations below to access and use the Service for your own personal and non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
Unless otherwise specified by Bit.Games, you are not permitted to reproduce, copy, modify, distribute, transmit, display, publish, license, create derivative works from the Service or any its part.
All rights not expressly granted in these Terms of Use are reserved.
3. LICENSE RESTRICTIONS
Using the Service, You agree to comply with the following license restrictions when you access or use the Service:
- You will not attempt to obtain Login Information or access another user’s account or collect or harvest personal information from other users;
- You will not exploit, distribute or publicly inform other users of any Service error, miscue or bug which provides for an unintended advantage or allows impersonation of another person, including by use of automated collection mechanisms such as clear graphics interchange formats ("gifs"), cookies, or similar technology;
- You will not improperly use our support services, including by submitting false reports as well as you will not distribute any messages received by you from our support services;
- You will not harass, threaten or bully any other users, nor post or submit any abusive, threatening, bullying, harassing, obscene, defamatory, offensive, pornographic or illegal content, or content that infringes or violates the rights of someone else, or impersonate any other person;
- You will not use the Service for any unauthorized commercial purpose, including but not limited to commercial advertisement or solicitation (such as chain letters, junk e-mail, “spam,” or other repetitive messages), or gathering or transferring In-Service Content for sale;
- You shall not sell, purchase, exchange, transfer, give as a gift, your Account as well as spread the information about any intention to perform above;
- You will not use the Service for performing services for payment, such as leveling up or item collection services;
- You will not use or design cheats, exploits, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with the Service experience;
- You will not remove or obscure any proprietary notices within the Service;
- You will not disrupt or attempt to disrupt the Service or any other person’s use or enjoyment of the Service;
- You will not attempt to gain unauthorized access to the Service, to accounts registered to others, or to networks from which portions of the Service are provided, including by circumventing or bypassing robot exclusion headers or security mechanisms for the Service;
- You will not use any service or software that accesses, intercepts, "mines," or otherwise collects information from the Service or that is in transit from or to the Service;
- You will not make any automated use the Service, or take any action that imposes an unreasonable burden on our infrastructure;
- You will not use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data from the Service;
- Except where permitted by law or relevant open source licenses, you will not alter, merge, adapt, translate into other languages, modify, reverse engineer, decompile, disassemble, decipher or otherwise try to derive the source code for the Service or in any way change the Service or any of its components;
- You will not copy, modify or distribute In-Service Content from the Service except as specifically authorized by us;
- You will not advocate, promote, encourage, or otherwise facilitate any illegal behavior, including but not limited to the use of illegal drugs, unlawful gambling or theft
- You are expressly prohibited to sublicense, rent, lease, transfer, resell, gift, exchange, distribute, or otherwise use the Service or its copies and you Account as well as disseminate of information about the intention to perform the actions listed above by you or any third parties;
- You are expressly prohibited to create derivative works based on the Service;
- You are expressly prohibited to remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Service;
- You are expressly prohibited to use the Service in any manner that could interfere with, disrupt, negatively affect, or reasonably inhibit other users from fully enjoy the Service, or that could damage, disable, overburden, or impair the functioning of the Service in any manner;
- You are expressly prohibited to use the Service in any way that breaches these Terms of Service, including any applicable local, national, or international law, or any other regulations and policies;
- You are expressly prohibited to use the Service for any purpose or in any manner that Bit.Games considers as a breach of these Terms of Service.
- offensive or coarse terms, inciting ethnic discord and discrimination, words and phrases which include curses and expletives in any language, executed with letters of any alphabet;
- proper names and other words and phrases used in religions or cults, which may cause insult of the feelings of believers (use in the name of the game clans and the game groups such common religious concepts (except for proper names) as "paradise", "hell", "angel", "devil", "voodoo", etc. is not prohibited. For example, the clan name of the group like "Team of devils" or "Voodoo dolls" corresponds to these Terms of Service);
- names of historical figures and politicians;
- words and phrases that are directly or indirectly related to drugs, ways of their preparation, use and acquisition;
- words and phrases which can mislead other users as to that the user, registered under such name, is a representative of Bit.Games or otherwise has direct or indirect relation to it, or has any rights of administration of the Service;
- unpronounceable letter combinations;
- words and phrases that contain advertisement of goods and services, including any domain names and trademarks;
- words and phrases that violate the rights of third parties (including but not limited to intellectual property rights) or the requirements of applicable law.
Bit.Games shall have the right to apply to you, in case of violation of these Terms of Service, the following types of sanction depending on the extent of the violation committed by you on the game process and other users:
- issuance of a warning in any form, including via e-mail;
- suspension of access to the Service for a definite or indefinite term;
- restriction of use of the game chats and forums for a definite or indefinite term;
- restriction of a part of the game functionality or possibilities of the game character for a definite or indefinite term;
- forced renaming of the game character, community of users or the game object;
- withdrawal of the in-game currency and/or the in-game valuables;
- restriction, suspension or termination of access to your game character or to the Account;
- a change in the values of achievements and parameters of development of your game character;
- removal of the game character or of the Account without possibility of restoration.
5. PURCHASE TERMS
You acknowledge that you may access and/or download some Services for free, and while there may be additional content or services available for purchase within some Services (in-app purchases).
You may purchase in the Service, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, available in the Service; (b) “virtual in-game items” (together with “virtual currency”, “In-Service Content”); and (c) other goods or services (“Merchandise”). You are only allowed to purchase In-Service Content from us or our authorized partners through the Service, and not in any other way. All fees payable for In-Service Content are non-refundable. All in-game sales are final. The In-Service Content is not subject to return or exchange unless it is otherwise provided herein. By purchasing the In-Service Content, as well as exchanging the virtual currency for the virtual in-game items, you understand and agree that (i) your access to the Service may be terminated according to these Terms of Service, and/or (ii) Bit.Games may manage, regulate, control, modify or eliminate In-Service Content and/or Merchandise at any time, with or without notice, as well as the Service may be discontinued at any time for any reason, and that such events do not give rise to your right to receive a refund of any sums paid for any used or unused Service, virtual currency, other In-Service Content and/or Merchandise.
Bit.Games shall have no liability to you or any third party in the event that Bit.Games exercises any such rights.
IN ADDITION, THE CHARGES AND PURCHASES ARE NOT REFUNDABLE IN THE EVENT THAT YOU ARE DISSATISFIED WITH THE SERVICE.
The transfer of In-Service Content and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer In-Service Content or Merchandise to any person or entity. Any such transfer or attempted transfer is prohibited and void, and may result in termination of your right to access to the Services.
The provision of In-Service Content for use in the Service is a service provided by Bit.Games that commences immediately upon acceptance by Bit.Games of your purchase.
In the event that you receive paid In-Service Content without payment and / or incomplete payment, and / or virtual currency is not debited from your Account to pay for such paid In-Service Content as a result of a technical error or a Service failure or a conscious user action, you are obliged to inform Bit.Games of this fact.
If the you are a child under the applicable laws, you may acquire paid In-Service Content only with the parental consent. Bit.Games may from time to time request the parental consent confirmation.
If Bit.Games reveals that either parental consent was not given by your parent/legal guardian, or in case of your failure to provide the parental consent confirmation, Bit.Games may withdraw In-Service Content already displayed in your Account, as well as to apply other sanctions provided in this Terms of Service.
6. USER CONTENT
By transmitting or submitting any communications, images, sounds, and all the material, data, information or any chat text through the Service or any suggestions for enhancement or feedback regarding the Service, or any feedback that Bit.Games receives from you within public/close tests or surveys, including those submitted through Bit.Games’ applications (“User Content”) you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Bit.Games in accordance with its Privacy Policy; (e) you grant us a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use your User Content and any modifications thereto in connection with the Service without compensation to you by any and all lawful means, inter alia, to reproduce, distribute, transmit, transcode, translate, broadcast, publicly display, publicly perform, make available to the public, modify, create derivative works from it; this license shall be deemed granted to Bit.Games for the entire duration of the intellectual property rights to such User Content as soon as it is uploaded on the Service or from the moment Bit.Games otherwise acquires such rights, inter alia, from its affiliates; to the extent permitted by applicable law, you waive any moral rights you may have in your User Content (such as the right to be identified as the author).
Bit.Games reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. Bit.Games assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. Bit.Games does not, and cannot, pre-screen or monitor all User Content.
Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications. If at any time Bit.Games chooses, in its sole discretion, to monitor the Service, Bit.Games nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. Bit.Games has the right, but not the obligation, in its sole discretion to edit, refuse to post, or remove any User Content.
7. USER INTERACTIONS
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. Bit.Games reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Bit.Games to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Bit.Games access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
8. OWNERSHIP
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a the Service and server software) are owned by Bit.Games. Bit.Games reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service.
9. UPDATES AND MODIFICATIONS
In order to improve the Service, Bit.Games reserves the right to introduce automatic updates and modifications into the Service (if applicable) so long as your device is connected to the Internet, without your needing to install the said updates and modifications manually. In order to ensure efficiency of the mentioned updates and modifications and to enable you to continue using the Service, you hereby express consent to the introduction of such updates and modifications. All updates constitute an integral part of the Service and the rules of these Terms of Service shall apply to such updates.
You also agree that Bit.Games may require you to accept and download updates for further use or access to the Service when it is necessary for proper functioning of the Service.
Bit.Games may modify functions and informational contents of the Service at any time at its own discretion without additional notice to you.
These Terms of Service apply to any automatic updates (additions, modifications) to the Service that are introduced by Bit.Games by means of the Internet and which are not accompanied by a separate license or other agreement.
10. WARRANTY DISCLAIMER
IF THE USER RESIDES IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
THE GAME IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. THEREFORE, USERS ACKNOWLEDGE THAT THE GAME MAY NOT MEET THEIR INDIVIDUAL PREFERENCES AND EXPECTATIONS. THE COMPANY WILL MAKE ALL COMMERCIALLY REASONABLE EFFORTS TO ENSURE CONTINUOUS OPERATION OF THE GAME, ACCORDINGLY USERS ACKNOWLEDGE THAT THE GAME ISN’T ERROR-FREE AND MAY BE INTERRUPTED.
THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, THE GAME CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO THE GAME.
THE COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF SAFETY, FREEDOM FROM VIRUSES, FREEDOM FROM BUGS, LEGALITY AND/OR RELIABILITY OF INFORMATION, DATA OR MATERIALS. THE COMPANY DOES NOT WARRANT THAT THE PERFORMANCE OF USERS’ PERSONAL COMPUTERS OR OTHER DEVICES IS ADEQUATE TO USE THE GAME. USERS ARE ADVISED TO DETERMINE IN ADVANCE THE COMPUTER SYSTEM’S REQUIREMENTS FOR A PARTICULAR GAME AND WHETHER THEIR COMPUTER SYSTEM MEETS THOSE REQUIREMENTS. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GAME, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APP FEATURED IN ANY BANNER OR OTHER ADVERTISING. THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND ANY THIRD-PARTY PROVIDERS OF GOODS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHALL USE HIS/HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IF THE USER RESIDES OUTSIDE THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
THE GAME IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE GAME AND USE THEREOF BY THE USER, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, THE GAME CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO THE GAME. THE COMPANY WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE GAME, (C) ANY UNAUTHORISED ACCESS TO OR USE OF THE COMPANY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE GAME, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE GAME BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GAME. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GAME, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APP FEATURED IN ANY BANNER OR OTHER ADVERTISING. THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND ANY THIRD-PARTY PROVIDERS OF GOODS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHALL USE HIS/HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
11. LIABILITY
IF THE USER RESIDES IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
THE COMPANY COMMITS ITSELF TO ACT WITH THE CARE AND DILIGENCE CUSTOMARILY USED IN THE PROFESSION IN ORDER TO PROVIDE FOR THE IMPLEMENTATION OF SERVICES DELIVERED TO THE USERS.
NEVERTHELESS, THE COMPANY LIABILITY MAY NOT BE ENGAGED IN THE EVENT OF DELAY OR BREACH OF ITS CONTRACTUAL OBLIGATIONS IF THE DELAY OR BREACH IS DUE TO A CAUSE BEYOND ITS CONTROL: FORTUITOUS EVENT OR CASE OF FORCE MAJEURE.
IF THE USER RESIDES OUTSIDE THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS AFFILIATES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, OR PARTNERS SHALL BEAR ANY LIABILITY TO THE USER FOR ANY DAMAGE (INCLUDING, BUT NOT LIMITED TO, ACTUAL LOSSES, INCIDENTAL LOSSES, INDIRECT LOSSES, LOST PROFIT, OR LOST DATA, REGARDLESS OF WHETHER SUCH DAMAGE WAS PREDICTABLE OR NOT) ARISING IN CONNECTION WITH THIS EULA AND WITH THE USE OF THE GAME BY THE USER.
THE COMPANY SHALL NOT BEAR LIABILITY FOR THE IMPOSSIBILITY OF INSTALLING OR LAUNCHING THE GAME ON THE USER’S DEVICE, AS WELL AS FOR ANY POSSIBLE ERRORS AND FAILURES IN GAME OPERATION. THE USER MUST CONNECT TO THE INTERNET IN ORDER TO USE THE GAME. ALL COSTS OF THE INTERNET CONNECTION SHALL BE INCURRED BY THE USER. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED TO THE USER AS A RESULT OF CONNECTION TO THE INTERNET OR INSTALLATION OF MALICIOUS SOFTWARE ON THE USER’S DEVICE.
IF THE LIMITATION OR EXCLUSION OF LIABILITY IS PROHIBITED BY APPLICABLE LAW, THE COMPANY'S LIABILITY MUST BE LIMITED TO THE MAXIMUM EXTENT PERMITTED.
12. APPLICABLE LAW, JURISDICTION
These Terms shall be governed and construed by the law of England and Wales. All disputes arising out of or in connection with these Terms of Service shall be resolved by means of correspondence and negotiations without recourse to a court.
In the case that you and Bit.Games fail to come to agreement without recourse to a court within 60 (sixty) business days from the date of the receipt of the relevant claim, disputes shall be resolved by a state court of the relevant jurisdiction at the place of location of Bit.Games unless otherwise expressly provided by applicable law.
If you reside in France, these Terms of Use are subject to French Law, and any dispute arising from the formation, interpretation or execution of the present terms and conditions shall be subject to the exclusive jurisdiction of the French courts.
In accordance with Article 14 of Regulation 524/2013/EU, the European Commission provides consumers with an online dispute resolution platform accessible at the following address: https://ec.europa.eu/consumers/odr/.
13. DATA AND INFORMATION SECURITY
Personal data protection rules of Bit.Games are available on the website https://bit.games/en/privacy_policy.
BIT.GAMES is very concerned about the protection of personal data. The personal data collected by BIT.GAMES in the context of the present document will be subject to automated processing in accordance with applicable law. All information collected as part of the provision of the service is recorded by BIT.GAMES, which is data controller. It is essential for the operation of the services offered by BIT.GAMES
In order to exercise one or more of your rights, you must provide proof of identity and contact the person in charge of data protection at BIT.GAMES (via Service Support at support@bit.games or writing to KIBC, 4th floor, Profiti Ilias 4, Germasogeia 4046, Limassol, Cyprus).
In the event of a complaint, it is possible to contact the authority of your country of residence. If you reside in France, you may oppose at any time any commercial canvassing correspondence and may also register on the list of opposition to telephone canvassing on www.bloctel.fr. You can also contact CNIL at www.cnil.fr.
The information submitted by you in any way is to be accurate.
Although Bit.Games does its very best uses reasonable efforts to ensure the confidentiality of the data information and has implemented appropriate technical and organisational measures to ensure and to be able to demonstrate that processing is performed in accordance with data protection regulation, you understand that no security measures are perfect and that they can be circumvented.
You understand and acknowledge that, even after deletion of data and the User Content provided by you, such data or User Content may remain accessible in the cache or Web archives, as well as in the search results of search engines, and may also be available to other persons if other users have copied and stored your data or User Content.
Bit.Games cannot control the actions of other users with whom you want to share your account data (login and password). Therefore, Bit.Games cannot warrant that any User Content that the User posts in the Service will not be available for viewing by unauthorised persons.
The information provided by you is used by Bit.Games and/or its partners/affiliates in accordance with the Privacy Policy available at https://bit.games/en/privacy_policy.
14. YOUR HEALTH
The following precautions should be taken by you:
• Avoid playing if tired or short of sleep;
• Play at good distance from the screen;
• Play in a lit room and moderate the brightness of the screen;
• Take breaks of ten (10) to fifteen (15) minute every hour.
WARNING, SOME INDIVIDUALS ARE LIABLE TO HAVE EPILEPTIC FITS INCLUDING, IN CERTAIN CASES, LOSS OF CONSCIOUSNESS, PARTICULARLY WHEN EXPOSED TO STRONG LUMINOUS STIMULATIONS (RAPID SUCCESSION OF IMAGES OR REPETITION OF SIMPLE GEOMETRICAL FIGURES, FLASHES OR EXPOSURES). SUCH INDIVIDUALS ARE EXPOSED TO RISKS OF FITS WHEN THEY PLAY CERTAIN VIDEO GAMES CONTAINING SUCH LUMINOUS STIMULATIONS; BIT.GAMES HIGHLY RECOMMENDS YOU TO CONSULT YOUR DOCTOR BEFORE ANY USE. PARENTS MUST ALSO PAY PARTICULARLY CLOSE ATTENTION TO THEIR CHILDREN WHEN THEY PLAY VIDEO GAMES. IF THE USER PRESENTS ONE OF THE FOLLOWING SYMPTOMS: DIZZINESS, VISION PROBLEMS, CONTRACTION OF THE EYES OR MUSCLES, DISORIENTATION, INVOLUNTARY MOVEMENT OR CONVULSIONS OR MOMENTARY LOSS OF CONSCIOUSNESS, YOU MUST IMMEDIATELY STOP PLAYING AND CONSULT A DOCTOR OR USERS’ PARENTS MUST COMPEL THEIR CHILDREN TO DO SO.
15. MISCELLANEOUS
(a) Term and Termination. These Terms of Service are effective from the moment when you first downloads, installs, or otherwise uses the Service. These Terms of Service remain valid until one of the Parties unilaterally repudiates fulfillment of the terms and conditions hereof. Both parties have an ordinary right to terminate these Terms of Service at any time with immediate effect. Ordinary termination does not require any reasons to be given. In particular, but not exclusively, Bit.Games has the right to terminate these Terms of Service with you, if you violate applicable laws and regulations or breach these Terms of Service or the particular Services rules, as well as if you do not use your Account for a period of twelve (12) or more months. You may terminate these Terms of Service at any time by deleting the Service from your device (applicable for mobile applications) or by stopping access to the certain Service.
In case of termination of these Terms of Service, Sections 6, 8, 10, 11, 12 shall remain in force.
(b) Assignment. Bit.Games may at its own discretion at any time assign and/or delegate its rights and obligations under these Terms of Service or any part of them to any third party without notice to you. You may not assign these Terms of Use in whole or in part to any person or entity without Bit.Games’ prior written consent, and any unauthorized assignment and delegation by you is void.
(c) You hereby understand, accept and agree that any Service may contain audio and / or video effects, which under certain circumstances can cause in people who are prone to epileptic or other disorders of nervous character, worsening of these conditions, and you hereby guarantee that you do not suffer such disorders, or you will not use a Service. You accept and agree that regular long-term (continuous) usage of the personal computer or device can cause various complications of physical condition, including sight easing, scoliosis, various forms of neuroses and other negative effects on the body. You hereby warrant that you will use any Service only for a reasonable time, with breaks for rest and that you will take other measures prescribed by your doctor.
(d) These Terms of Service and related documents, unless otherwise stipulated within the Terms of Service, constitute full agreement of the Parties regarding use of the Service by you and substitute any previous oral and written agreements or oral and written agreements regarding your user of the Service.
(e) If any provision of these Terms of Service shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent possible and/or amended to achieve as closely as possible the effect of the original term, and the remaining provisions of these Terms of Service will remain in full force and effect.
(f) Bit.Games reserves the right to revise these Terms of Service or any related documents at any time by updating on the website located at https://bit.games/en/terms_of_service (“Website”) or by notifying you by e-mail or by any other means available. The revised Terms of Service or related documents come into force on the date on which they are published.
YOU ARE ADVISED TO CHECK THE WEBSITE PERIODICALLY FOR NOTICES CONCERNING SUCH REVISIONS. YOUR FAILURE TO TAKE THE ACTIONS OF FAMILIARISING YOURSELF MAY NOT BE THE GROUND FOR FAILURE TO FULFIL YOUR OBLIGATIONS AND YOUR FAILURE TO OBSERVE THE LIMITATIONS ESTABLISHED HEREBY. YOUR CONTINUED USE OF THE SERVICE SHALL BE DEEMED TO CONSTITUTE ACCEPTANCE OF ANY REVISED TERMS.
Only the English version of this document has legal effect. Any translations of this document to other languages are provided for your convenience only.
On all issues related to these Terms of Service, please use the e-mail address legal@bit.games.
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