Your use of the software and content are subjects to the terms of use set forth below (“Agreement”). By installing, using, registering or otherwise accessing the software and/or content, you acknowledge that you have read and understand this Agreement and agree to the terms set forth below and Company’s privacy policies.
For purposes of this Agreement, “Software” means all software programs made available by Bitflash International Trade Limited and its affiliates (“Company”, “Us”, “We”) including, but not limited to mobile games, downloadable games for personal computer and games and services accessed by means of a browser or other online communication method. Software also includes accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.
If you do not wish to be bound by these terms, please do not access or use the Software. You represent that you are of legal age to form a binding contract.
For the purposes of this Agreement, “Device” means any platform or equipment by which you access the Services, in all forms now known or hereafter created including, without limitation handheld devices, mobile phones, consoles, and personal computers.
We hereby grant you the non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal non-commercial use for gameplay on a single Device, unless otherwise specified in the Software documentation. Your rights are subject to your compliance with this Agreement. The term of your license under this Agreement shall commence on the date that you install or otherwise use the Software and ends on the earlier date of either your disposal of the Software or Our termination of this Agreement. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Software. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this Agreement should not be construed as a sale of any rights in the Software. All rights not specifically granted under this Agreement are reserved by Us.
The information, pictures, graphics, games, upgrades for use in Software (e.g., new levels, characters, and in-game items such as drawings, stars, points, etc.) (“Game Items”), and other content, features and services available in the Services (collectively, the “Software Content”) are owned by Company or its suppliers or licensors and are protected by copyright and other laws throughout the world. We grant you a non-exclusive license to reproduce portions of the Software Content for the sole purpose of reviewing and using the Software Content as permitted in these Terms of Service. You acknowledge that Software Content has no real world value, is licensed as part of, and may only be used in, the game or specific Service page that such Software Content is designed to work with. Accordingly, you may not sell or transfer the Software Content and all such transfers or sales are null and void. All copyright and other proprietary notices on any Software Content must be retained on any copies. Any unauthorized reproduction or modification, distribution, or performance of any Software Content is strictly prohibited. We reserves all rights not granted in these Terms of Use.
Company retains all right, title and interest to the Software, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. The Software is protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the Software may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent of Company. All rights not expressly granted to you herein are reserved by Company.
You will not: (i) commercially exploit the Software; (ii) distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the Software, any passwords or usernames or any copies of the Software, without the express prior written consent of Company or as set forth in this Agreement; (iii) make a copy of the Software or any part thereof (other than as set forth herein); (iv) make a copy of the Software available on a network for use or download by multiple users; (v) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the Software, in whole or in part; (vi) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Software, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (vii) misrepresent the source of ownership of the Software; or (viii) scrape, build databases or otherwise create permanent copies of content returned from the Software.
The Software may allow you to create content, including but not limited to photos incorporating elements or graphics from the game, screenshots or a video of your game play. In exchange for use of the Software, and to the extent that your contributions through use of the Software give rise to any copyright, you hereby grant Company an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose including, but not limited to the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. If not expressly prohibited by mandatory legislation, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Company’s and other players’ use and enjoyment of such assets in connection with the Software and related goods and services under applicable law. This license grant to Company, and the above waiver of any applicable moral rights, survives any termination of this License. The Software requires an internet connection to access the Software.
To facilitate product support, product development and improvement as well as other services to you, you acknowledge that Company or other third parties may use cookies, web beacons or other analytical technologies to collect, use, store and transmit technical and related information regarding your Device, IP address, device make and model, operating system, software and applications, including application usage data.
By installing, accessing or using the Software, you consent to these information collection and usage terms, including (where applicable) the transfer of data into a country outside of the European Union and/or the European Economic Area or the United States.
Company respects your privacy rights and recognizes the importance of protecting any information collected about you. Company’s privacy policy, available at Privacy Policy, is applicable to this Agreement and it defines how, why and to which extent Company collects and uses personal and non-personal information in relation to Company’s products and services.
Please note that your access to and use of the Software may be subject to certain third-party terms and conditions and privacy policies, including but not limited to application stores, advertisers, analytics providers, on-line gaming platforms and social networking services. Company is not liable for any such third-party terms and conditions and any third party’s use of your Personal Information.
The Service may include an opportunity for you to earn, buy or otherwise obtain in-game currency (“Virtual Currency”, i.e. “Coins”) to access virtual, in-game digital goods or items (“Virtual Items”, e.g. “Boosters”, “Flames”, “Ice Cream”, “Lives”, “Play On”, “Tickets”, “Win Guarantee”, etc.). Methods of obtaining Virtual Currency are at Company’s sole discretion. Virtual Currency and Virtual Items are not real currency, do not have monetary value, and may not be redeemed for legal currency, or items of value outside of the Services.
Virtual Currency and Virtual Items obtained via the Service are provided to you under a limited, personal, revocable, non-transferable, non-sublicenseable license to use within the Service. You have no property interest, right or title in or to any Virtual Currency or Virtual Items appearing or originating in the Service, and they may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service.
Company has no liability for hacking or loss of your Virtual Currency or Virtual Items or any goods or services obtained via Virtual Currency. Company has no obligation to, and will not, reimburse you for any Virtual Currency or Virtual Items obtained via Virtual Currency. Company reserves the right, in its sole discretion and without prior notification, to change or limit the price, availability, or order quantity of any Virtual Currency or Virtual Items and to refuse to provide you with any Virtual Currency or Virtual Items.
In some of our games, you may pay a fee for a subscription membership (“Subscription”).
When you buy a Subscription, you agree to the following:
– After the 3 day free trial period, this subscription automatically renews for the 7-day subscription amount unless it is canceled at least 24 hours before the end of the trial period.
– Your Apple or Google Play ID account will be charged for the renewal within 24 hours prior to the end of the trial or current period (if you are already using the subscription).
– Payment of the subscription fee will be charged to your Apple or Google Play ID account upon purchase confirmation.
– Your Subscription will automatically renew for the applicable length of your Subscription until either you or Company cancels your Subscription.
Canceling Subscriptions:
– To stop automatic renewal of your Subscription and automatic withdrawal of Subscription fees, you must cancel your Subscription within 24 hours before it renews for the length of the next Subscription period.
– You may cancel your Subscription at any time by managing the subscription settings in your App Store or Google Play Store account settings.
For the Google Play store, instructions for canceling your Subscription may be found here: https://support.google.com/googleplay/answer/7018481
For the Apple App store, instructions for canceling your Subscription may be found here: https://support.apple.com/en-us/HT202039
Other Subscription Terms:
– To receive any daily rewards as part of your Subscription, you must open the game that you have the Subscription for. You will not receive rewards for the days on which you did not open the game.
– You will get your subscription reward only when your internet connection is active.
When you pay for a Subscription, Virtual Currencies, and/or Virtual Items, all payments are charged and processed by applicable store, so please review your store’s payment terms for additional payment terms that may apply.
You agree that all payments for Virtual Currency, Virtual Items, and Subscriptions are final. No refunds will be given, except in Company’s sole and absolute discretion.
The Software is provided on an “as is” and “as available” basis. Company expressly disclaims all conditions and warranties of any kind, whether express or implied, including, but not limited to the conditions or warranties of merchantability, fitness for a particular use or purpose, title, non-infringement, accuracy, quiet enjoyment, and system integration with respect to the Software. Company does not warrant that the Software will be uninterrupted, timely, secure, or error free.
In no event will Company be liable for special, incidental or consequential damages resulting from possession, access, use or malfunction of the Software, including but not limited to, damages to property, loss of goodwill, computer failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to this agreement or the Software, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not Company has been advised of the possibility of such damages.
Some states/countries do not allow certain limitations of liability, this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability shall not be applicable solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted. This Company gives you specific legal rights, and you may have other rights that vary from jurisdiction to jurisdiction.
This Agreement will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy the Software and all of its component parts.
If the terms of this Agreement are not specifically enforced, Company will be irreparably damaged, and therefore you agree that Company shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of this Agreement, in addition to any other available remedies.
You will to indemnify, defend and hold Company, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Software pursuant to the terms of the Agreement.
This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a written document executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected.
This Agreement will be governed by the laws of Cyprus. Any dispute, controversy or claim arising out of or relating to this Agreement or the breach, termination or validity thereof shall be finally settled at Company’s discretion. If you have any questions concerning this license, you may contact us.