Terms of Use

1. INTRODUCTION AND ACCEPTANCE

1.1 Agreement to Terms

These Terms of Use (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Big Blue Sky games, LLC (“Company,” “we,” “us,” or “our”), the provider of the online video game platform, website, and related services (collectively, the “Service”).

1.2 Acceptance of Terms

By accessing or using the Service, including creating an account, downloading, installing, or using the game, or engaging in any in-game messaging, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

1.3 Modifications to Terms

We reserve the right to modify these Terms at any time in our sole discretion. Any changes will be effective immediately upon posting the revised Terms on the Service. Your continued use of the Service following the posting of revised Terms constitutes your acceptance of such changes. You are responsible for regularly reviewing these Terms.

1.4 Additional Terms

Certain features or aspects of the Service may be subject to additional terms and conditions, which will be posted on the Service in connection with such features. All such additional terms are hereby incorporated by reference into these Terms.

2. ELIGIBILITY AND ACCOUNT REGISTRATION

2.1 Age Restrictions

The Service is only available to users who are 13 years of age or older. By accessing or using the Service, you represent and warrant that you are at least 13 years of age. If you are between the ages of 13 and 18 (or the age of legal majority in your jurisdiction), you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

2.2 Account Registration

To access certain features of the Service, you must create an account. When registering for an account, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, false, or incomplete.

2.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Create a strong password and keep it confidential
• Not share your account credentials with any third party
• Immediately notify us of any unauthorized use of your account or any other breach of security
• Ensure that you log out from your account at the end of each session when accessing the Service on a shared computer or device

2.4 Account Termination

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without notice, for any reason or no reason, including but not limited to violation of these Terms. Upon termination, your right to use the Service will immediately cease.

3. LICENSE AND RESTRICTIONS

3.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial entertainment purposes.

3.2 Restrictions

You agree not to:

• Copy, modify, adapt, translate, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Service or any portion thereof, except as expressly permitted by these Terms
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service or any part thereof, except to the extent that such activity is expressly permitted by applicable law
• Develop, distribute, or use any unauthorized third-party software programs to gain advantage in any online or other game modes, including but not limited to, mods, hacks, cheats, scripts, bots, trainers, or automation programs
• Attempt to gain unauthorized access to the Service or to other users’ accounts, computer systems, or networks connected to the Service
• Use the Service for any illegal purpose, or in violation of any local, state, national, or international law or regulation
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means

4. USER CONDUCT AND IN-GAME MESSAGING

4.1 General Conduct

You agree to use the Service, including the in-game messaging feature, in accordance with these Terms and all applicable laws and regulations. You further agree not to:

• Engage in any conduct that restricts or inhibits any other user from using or enjoying the Service
• Engage in any conduct that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service
• Use the Service to transmit or facilitate the transmission of any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service

4.2 Prohibited Content

You agree not to upload, post, email, transmit, or otherwise make available:

• Any content that you do not have a right to make available under any law or under contractual relationships
• Any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party
• Any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation
• Any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment

4.3 In-Game Messaging

The Service provides an in-game messaging feature that allows users to communicate with each other. When using the in-game messaging feature, you agree to:

• Communicate in a respectful and appropriate manner
• Not use the messaging feature to harass, bully, intimidate, or threaten other users
• Not use the messaging feature to send any content that violates these Terms, including but not limited to content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable
• Not use the messaging feature to distribute unauthorized commercial communications (such as spam)
• Not use the messaging feature to solicit personal information from minors or to harm or attempt to harm minors in any way
• Not use the messaging feature to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
• Not use the messaging feature to distribute viruses, malware, or other malicious code

4.4 Monitoring and Enforcement

We reserve the right, but have no obligation, to monitor any and all communications, materials, and content transmitted through the in-game messaging feature or otherwise through the Service. We may, in our sole discretion and without prior notice, review, monitor, block, filter, restrict, refuse, delete, or remove any or all communications, materials, or content that we determine, in our sole discretion, to violate these Terms or to be otherwise objectionable.

4.5 Reporting Violations

If you observe any violations of these Terms, including inappropriate use of the in-game messaging feature, you may report such violations to us by contacting hello@bigblueskygames.com. When reporting violations, please provide:

• Name of alleged violator(s)
• Date and time (including time zone) of the alleged violation(s)
• Description of alleged violation(s)
• Evidence of the alleged violation(s) (including screenshots or videos, if available)
• Your involvement, if any, in the violation

5. IN-GAME CURRENCY AND PURCHASES

5.1 In-Game Currency

The Service may include a virtual, in-game currency (“Virtual Currency”) that may be purchased for real money. Virtual Currency may be used to purchase virtual items or services within the game (“Virtual Items”).

5.2 Purchase of Virtual Currency

All purchases of Virtual Currency are final and non-refundable. By purchasing Virtual Currency, you acknowledge and agree that:

• Virtual Currency has no real-world value and cannot be exchanged for real money, goods, or services outside of the Service
• Virtual Currency constitutes a limited license right that may be revoked by us at any time without notice or liability
• We reserve the right to control, regulate, change, or remove any Virtual Currency without any liability to you
• The price and availability of Virtual Currency may change at any time without notice
• We are not required to provide a refund for any Virtual Currency for any reason, including but not limited to the termination of your account or the Service, whether voluntary or involuntary
• You have no property, proprietary, intellectual property, ownership, or monetary interest in any Virtual Currency or Virtual Items associated with your account

5.3 Virtual Items

Virtual Items acquired with Virtual Currency are not transferable and may not be traded or sold for real money or other consideration outside of the Service. Virtual Items represent a limited license right governed by these Terms, and except as expressly permitted by us, no title or ownership in or to any Virtual Items is being transferred or assigned to you. Virtual Items may be altered, removed, deleted, or discontinued at any time without notice or liability.

5.4 Payment Processing

All payment processing for purchases of Virtual Currency or other products or services offered through the Service will be conducted exclusively through our authorized payment processor. By making a purchase through the Service, you agree to the following:

• You authorize us and our authorized payment processor to charge your chosen payment method for the amount of your purchase
• You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Service
• You agree to promptly update your account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed
• All payment processing will be subject to the terms, conditions, and privacy policies of our authorized payment processor in addition to these Terms
• We do not store any credit card information or other payment method information on our servers. All payment information is securely processed and stored by our authorized payment processor in accordance with applicable payment card industry standards and regulations

5.5 Billing Disputes

If you believe that you have been billed incorrectly, you must notify us within 30 days of the date of the billing. Failure to notify us within this timeframe will constitute a waiver of any claim relating to such disputed billing.

6. PROPRIETARY RIGHTS

6.1 Ownership

The Service, including all content, features, and functionality thereof, is owned by the Company, its licensors, or other providers of such material and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.2 Trademarks

All trademarks, service marks, and trade names used in connection with the Service (including but not limited to the game name, logo, and all related names, logos, product and service names, designs, and slogans) are trademarks or registered trademarks of the Company or its affiliates, licensors, or partners. You may not use such marks without the prior written permission of the Company.

6.3 User Content

“User Content” means any content that you submit, post, upload, or otherwise make available through the Service, including but not limited to in-game messages, profile information, and any other content you create or share while using the Service.

By submitting, posting, uploading, or otherwise making available any User Content through the Service, you grant to the Company a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, transferable, sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.

The Company reserves the right to:

• Monitor, screen, edit, or remove any User Content at any time, for any reason, without notice
• Use User Content for any purpose, including but not limited to developing, improving, and promoting the Service
• Disclose User Content to third parties if required by law or if we believe such disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or comply with a legal process
• Incorporate User Content into other works in any media now known or later developed throughout the universe in perpetuity

You represent and warrant that:

• You own or control all rights in and to the User Content you submit through the Service or otherwise have the right to grant the license granted above
• All of your User Content does and will comply with these Terms
• The User Content does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right
• The User Content does not and will not contain any material that is defamatory, obscene, offensive, harassing, or otherwise objectionable
• You have obtained all necessary consents, permissions, and releases from any individuals featured or referenced in your User Content

7. PRIVACY AND DATA PROTECTION

7.1 Privacy Policy

Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and disclose information about you when you access or use the Service. By using the Service, you consent to our collection, use, and disclosure of information as described in our Privacy Policy.

7.2 Data Collection and Use

We may collect and store certain information about your use of the Service, including but not limited to your in-game activities, messages sent and received through the in-game messaging feature, and other interactions with the Service and other users. This information may be used to:

• Provide, maintain, and improve the Service
• Enforce these Terms and protect the rights, property, or safety of the Company, its users, or third parties
• Comply with legal requirements and processes
• Analyze and understand how users interact with the Service
• Personalize the user experience and provide targeted content and features

7.3 Communication Monitoring

You acknowledge and agree that we may, but have no obligation to, monitor and record any or all communications, including in-game messages, made through the Service for quality control, security, and other purposes. You have no expectation of privacy with respect to your use of the in-game messaging feature or other communications through the Service.

7.4 Children’s Privacy

The Service is not directed to children under the age of 13. We do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13, we will promptly delete that information. If you believe we might have any information from or about a child under 13, please contact us at hello@bigblueskygames.com.

8. THIRD-PARTY CONTENT AND SERVICES

8.1 Third-Party Content

The Service may display, include, or make available content, data, information, applications, or materials from third parties (“Third-Party Content”) or provide links to certain third-party websites. We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such Third-Party Content, websites, or services.

8.2 Third-Party Services

The Service may integrate with or enable access to third-party services, such as social media platforms or payment processors (“Third-Party Services”). These Third-Party Services may have their own terms of use and privacy policies, and your use of these Third-Party Services will be governed by and subject to such terms and privacy policies. You understand and agree that the Company does not endorse and is not responsible or liable for the behavior, features, or content of any Third-Party Service.

9. DISCLAIMERS AND LIMITATIONS OF LIABILITY

9.1 Disclaimer of Warranties

The Service is provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

The Company, its subsidiaries, affiliates, and licensors do not warrant that: (a) the Service will function uninterrupted, secure, or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.

9.2 Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company, its affiliates, directors, employees, agents, licensors, or partners be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of or inability to access or use the Service; (b) any conduct or content of any third party on the Service, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; (c) any content obtained from the Service; or (d) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

In no event shall the Company’s total liability to you for all damages, losses, or causes of action exceed the amount you have paid to the Company in the last six (6) months, or, if greater, ten dollars ($10.00 US).

10. GOVERNING LAW AND VENUE

10.1 Governing Law

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than the State of Florida.

10.2 Venue

Any legal action or proceeding arising out of or relating to these Terms or the Service shall be instituted exclusively in the federal courts of the United States or in the Florida state courts located in Hillsborough County, Tampa, Florida. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

10.3 Time Limitation on Claims

Any cause of action or claim you may have arising out of or relating to these Terms or the Service must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

11. DISPUTE RESOLUTION

11.1 Informal Resolution

Before filing a claim against the Company, you agree to attempt to resolve the dispute informally by contacting hello@bigblueskygames.com. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, either party may proceed with filing a formal claim.

11.2 Arbitration

Except as otherwise provided herein, any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

11.3 Class Action Waiver

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

11.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights pending completion of the arbitration.

12. GENERAL PROVISIONS

12.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and the Company concerning the Service and supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and the Company with respect to the Service.

12.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its intent. If such modification is not possible, the relevant provision shall be severed from these Terms. Any such modification or severance will not affect the enforceability of any other provision of these Terms.

12.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

12.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without the Company’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. The Company may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

12.5 Notices

Any notices or other communications provided by the Company under these Terms, including those regarding modifications to these Terms, will be given: (a) via email; or (b) by posting to the Service. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

12.6 Force Majeure

The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

12.7 Contact Information

If you have any questions about these Terms, please contact us at hello@bigblueskygames.com.

13. ACKNOWLEDGMENT

By using the Service or other services provided by the Company, you acknowledge that you have read these Terms of Use and agree to be bound by them.