Terms of service

Terms of Service

Applicable from: 09/06/2024
 
This is an agreement ("Agreement") between you and Blowing Breeze Studios SAS, located at Cl 27 # 81-63, Medellín, Colombia ("Blowing Breeze"), regarding your use of Blowing Breeze's games, websites, discussion forums, and other related services ("Services").
The use of the Services is also governed by our Privacy Policy available at https://www.blowingbreeze.com/politicas-de-privacidad, which explains what personal information we may collect and how we use and protect it.
By accepting this Agreement, you represent that you are at least 13 years old or older (or under 16 in certain jurisdictions of the European Union). If you do not have the legal capacity to enter into this Agreement, you represent that your legal guardian or any person who is legally responsible for your interests has accepted the terms of this Agreement.
By accessing the Services, you agree to be bound by the terms of this Agreement and the terms set forth below. If you do not agree with this Agreement, you may not use the Services.
If the Services are free to use or download, such Services may contain features that allow you to make purchases within the Services.
 
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS AND CONDITIONS
These Services are offered subject to your compliance with all the terms and conditions contained herein and all other rules, policies, and operating procedures. Additionally, some Services may be subject to additional terms and conditions issued by Blowing Breeze from time to time. Any material modification to the Agreement will also be notified to you by posting on the Blowing Breeze website. Such material modifications will take effect immediately and apply to disputes arising under the Agreement from the date of posting. Your continued use of the Services after any modification to the Agreement constitutes your acceptance of such modification.
 
LIMITED USE LICENSE
Subject to this Agreement, Blowing Breeze hereby grants you a non-exclusive, non-transferable, non-sublicensable, and limited right and license to use the Services for your personal and non-commercial use. This Agreement also applies to any patches or updates obtained for the Services. The rights granted to you are subject to your full compliance with this Agreement.
 
NO RIGHTS EXCEPT FOR THE LICENSE UNDER CLAUSE 2
You acknowledge and agree that you will have no ownership or other proprietary interest in the Services, and further acknowledge and agree that all such rights are and will remain the property of Blowing Breeze and shall inure to its benefit.
Accordingly, except as expressly granted to you under a license herein, Blowing Breeze retains all rights, titles, and interests in and to the Services, including, but not limited to, any and all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, patches, updates, copies, derivative works, titles, computer code, audiovisual effects, themes, objects, characters, character names, stories, dialogues, settings, catchphrases, locations, concepts, artwork, images, animations, sounds, musical works, audiovisual works, texts, methods of operation, moral rights, whether registered or not.
Pursuant to the provisions set forth herein, the duplication, copying, or any form of reproduction of the Services in any manner, whether in whole or in part, is expressly and explicitly prohibited unless expressly permitted by Blowing Breeze in writing.
You agree that the Services do not grant you any title or ownership over any content appearing therein, and that this Agreement should not be construed as a sale or transfer of any intellectual property rights in the Services. Blowing Breeze, and as applicable, its licensors, reserve all rights not specifically granted under this Agreement.
 
1. IN-SERVICE PURCHASES
Blowing Breeze may grant you licenses to use certain virtual goods within the Service, which you may purchase with "real-world" money or earn or redeem through gameplay ("Virtual Items"). Virtual Items are licensed to you on a limited, personal, non-transferable, non-sublicensable, and revocable basis, and are limited solely to non-commercial use.
Blowing Breeze may manage, control, modify, or eliminate Virtual Items at any time, with or without notice.
The transfer of Virtual Items is prohibited except when expressly authorized within the Services, if any. Virtual Items have no equivalent real-world monetary value and do not serve as a substitute for it.
Neither Blowing Breeze nor any other person or entity has any obligation to exchange Virtual Items for anything of value. Blowing Breeze assumes no liability for hacking or loss of your Virtual Items.
The price and availability of Virtual Items are subject to change without notice. Subject to mandatory law, all purchases and redemptions of Virtual Items made through the Services are final and non-refundable. You acknowledge and agree that the provision of Virtual Items for use in the Services is a process that begins immediately upon purchase, and you lose your right to withdraw once the provision has begun.
Subject to mandatory law, you agree that Blowing Breeze is not required to provide a refund for Virtual Items for any reason, and that you will not receive money or any other compensation for unused Virtual Items, whether your loss of license under these terms and conditions is voluntary or involuntary.
If you request the deletion of your personal data as specified in Blowing Breeze's Privacy Policy, you will permanently lose all your Virtual Items without the right to a refund, as Blowing Breeze will no longer be able to associate such Virtual Items with you.
 
2. LICENSE CONDITIONS
You agree to use the Services only in a manner consistent with this Agreement. Therefore, YOU SHALL NOT, under any circumstances:
- Exploit the Services or any part thereof for commercial purposes.
- Sell, rent, lease, license, distribute, or otherwise transfer the Services or any part or copies thereof.
- Reverse engineer, derive source code, modify, decompile, disassemble, copy, or create derivative works of the Services, in whole or in part, except as expressly permitted by applicable law.
- Use, directly or indirectly, any cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Services.
- Use the Services in violation of any applicable law or regulation.
- Disrupt, interfere with, or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users' experience when using the Services.
- Disrupt, overburden, or assist or aid in the disruption or overburdening of any computer or server used to offer or support the Services.
- Attempt to gain unauthorized access to the Services, accounts registered by others, or the computers, servers, or networks connected to the Services by any means other than the user interface provided by Blowing Breeze, including but not limited to, circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify any security, technology, device, encryption, or software that is part of the Services.
- Post any information, content, or other material (or post links to any information or content) that contains nudity, excessive violence, or is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
- Attempt, harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Blowing Breeze employees, directors, or officers, including Blowing Breeze customer service representatives.
- Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other rights of any person or entity, or impersonates any other person, including but not limited to, a Blowing Breeze employee, director, or officer.
- Engage in any act that Blowing Breeze deems to be in conflict with the spirit or intent of the Services or misuse Blowing Breeze's support services.
 
3. THIRD-PARTY SERVICES
The Services may include links to third-party services (including, but not limited to, advertisements offered by third parties) and/or third-party services may be made available to you through the Services. These services may include, but are not limited to, game recording and sharing, connectivity with social networks, and advertisements. These services are subject to the respective third-party terms and conditions. Please carefully review these third-party terms and conditions, as they constitute an agreement between you and the relevant third-party service provider, and Blowing Breeze is not a party to them.
 
4. UNSOLICITED CONTENT
Blowing Breeze or its directors and employees do not accept or consider unsolicited submissions of ideas or products of any kind (e.g., game ideas or other products, stories, scripts, artwork, musical or audiovisual works, concepts, or any other creative material) in any format, by any transmission ("Unsolicited Content"). However, if you do send Unsolicited Content to us, you agree that such Unsolicited Content will not be treated as confidential, regardless of what is stated in your accompanying message or otherwise. Additionally, you agree that Blowing Breeze may share or use such Unsolicited Content without compensation to you or any third party, and you grant Blowing Breeze a perpetual, non-exclusive, irrevocable, fully paid, royalty-free, sublicensable, and transferable (in whole or in part) worldwide license to use, reproduce, transmit, modify, display, and exhibit Unsolicited Content in all media now known or hereafter invented for any purpose and to create derivative works based on the Unsolicited Content.
 
5. USER-GENERATED CONTENT
If you share content within the game through the Services (e.g., by submitting links), this is your responsibility. The Services may give you the ability to share content (e.g., sharing text, photos, or links with users).
If you share User-Generated Content, you do so at your own responsibility and risk. We have the right (but not the obligation) to review and remove any inappropriate or illegal User-Generated Content. However, we do not assume any responsibility or liability for User-Generated Content. As between us and you, you are the owner of any User-Generated Content you have created, but we need you to grant us certain rights over it so that we can transmit it through the Services. Therefore, when you make your User-Generated Content available through the Services, you grant us a non-exclusive, perpetual, irrevocable, worldwide, sublicensable, and royalty-free license to use, modify, reproduce, create derivative works from, distribute, transmit, communicate, and publicly display/perform your User-Generated Content in connection with the Services.
 
6. INJUNCTION
Because Blowing Breeze would suffer irreparable harm if the terms of this Agreement were not specifically enforced, you agree that Blowing Breeze shall be entitled, without bond or other security or proof of damages, to take such actions as may be necessary, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under applicable law.
 
7. SUSPENSION AND TERMINATION FOR BREACH
Without limiting any other legal or equitable remedies, in the event that you breach the terms and conditions set forth in this Agreement, Blowing Breeze reserves the right to suspend and/or terminate your access to the Services and, with or without notice, limit it.
 
8. SERVICE AVAILABILITY
In the event that Blowing Breeze reasonably believes that you are (1) creating any risk or exposing Blowing Breeze to potential liabilities, or (2) infringing third-party intellectual property rights, Blowing Breeze may limit, suspend, or terminate the Services or parts thereof and take technical and legal steps to prevent users from accessing the Services.
 
9. DISCLAIMER OF WARRANTIES
To the extent permitted by applicable law, you expressly agree that the Services are provided to you "as is." Accordingly, such Services are at your own risk and you assume all risk as to satisfactory quality, performance, accuracy, and effort. Therefore, Blowing Breeze does not provide, and hereby disclaims, any and all express, implied, or statutory warranties, including, WITHOUT LIMITATION, the implied warranties of condition, uninterrupted use, data accuracy (including, but not limited to, location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties (if any) that arise from a course of dealing, usage, or trade practice. Blowing Breeze does not: (A) warrant against interference with your enjoyment of the Services; (B) that the Services will meet your requirements; (C) that the operation of the Services will be uninterrupted or error-free, or (D) that the Services will be interoperable or compatible with any other service or that any errors in the Services will be corrected. No oral or written advice provided by Blowing Breeze or its employees or other representatives creates a warranty.
In the event that any jurisdiction does not allow the exclusion of certain warranties as set forth above, such terms may not apply to you. In such cases, the foregoing warranty exclusions shall apply to the maximum extent permitted by the applicable laws of such jurisdiction.
 
10. LIMITATION OF LIABILITY
In no event shall Blowing Breeze or its affiliates be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, and under any theory of liability, arising out of or in connection with the use of the Services, including damages to property, loss of goodwill, computer failure or malfunction, and, to the extent permitted by law, damages for personal injury, even if Blowing Breeze has been advised of the possibility of such damages.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Blowing Breeze shall be limited to the maximum extent permitted by law. In no event shall Blowing Breeze's total aggregate liability arising out of or in connection with this Agreement or the Services exceed the greater of the actual price (if any) you paid for the use of the license. The exclusions and limitations of damages are fundamental elements of the basis of the agreement between Blowing Breeze and you.
Some jurisdictions do not allow certain limitations of liability as mentioned above, so the foregoing terms may not apply to you. Instead, in such jurisdictions, the above limitations of liability shall apply only to the extent permitted by the laws of such jurisdictions.
 
11. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Blowing Breeze (including, but not limited to, Blowing Breeze's directors, agents, and employees) from any claims, demands, damages, or other losses, including reasonable attorneys' fees, asserted by any third party resulting from or arising out of your use of the Services or any breach by you of this Agreement.
 
12. THIRD-PARTY PRODUCTS AND SERVICES
You understand that the Services may be linked to third-party websites or services. Blowing Breeze makes no promises regarding any products or services provided by such third parties, and you agree that Blowing Breeze does not endorse them. In the event you provide data to such third parties, you fully understand that you provide it subject to the privacy policy of such third parties (if applicable) and that, in such a case, Blowing Breeze's Privacy Notice does not apply in relation to such data.
 
13. MODIFICATIONS OR UPDATES
Blowing Breeze may modify or update this Agreement at any time. Whenever Blowing Breeze makes any updates or modifications to this Agreement, it will take appropriate measures to inform you through the Services or otherwise. If you continue to access or use the Services after the updates or modifications become effective, you agree to be bound by the updated or modified Agreement.
 
14. SEVERABILITY
If any part of the Agreement is found to be invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed replaced by a valid and enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement will continue in effect, to the maximum extent permitted by law.
 
15. NO WAIVER
Any failure on our part to enforce or exercise any provision of the Agreement or related rights shall not constitute a waiver of that right or provision.
 
16. ASSIGNMENT
Blowing Breeze may assign this Agreement, in whole or in part, at any time. However, you may not assign, transfer, or sublicense any or all of your rights or obligations under the Agreement or the Privacy Policy without the prior written consent of Blowing Breeze.
 
17. ENTIRE AGREEMENT
This Agreement represents the entire agreement between you and Blowing Breeze with respect to the Services and supersedes all prior agreements and representations, warranties or understandings between you and Blowing Breeze (whether made negligently or innocently, but excluding those made fraudulently) with respect to the same subject matter.
 
18. APPLICABLE LAW AND JURISDICTION
This Agreement will be interpreted under the laws of Colombia and will accept the exclusive jurisdiction of the courts of Medellín, Colombia.
If the jurisdiction of your home prohibits Blowing Breeze from complying with this law selection provision, your rights based on the laws of your home will not be ignored by this provision.
If you have any questions about this Agreement, you can contact Blowing Breeze at: info@blowingbreeze.com
 
HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD THE PREVIOUS AGREEMENT AND AGREE THAT MY USE OF THE SERVICES IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE FULLY BOUND BY THIS AGREEMENT.