Terms of Service
BLUEGARDEN LICENSE AGREEMENT
READ THIS CAREFULLY — it's a binding agreement that controls how you use the game and what rights you have. This Terms of Service agreement (the "Agreement") covers all licenses that Bluegarden ("the Company") gives out for using the game (the "Product"). Product means: (a) the Bluegarden game software and everything that goes with it; (b) manuals and guides; (c) sounds, images, game design, characters, and what makes the game unique; and (d) all intellectual property tied to it, including copyrights, trademarks, trade secrets, and all the proprietary stuff related to the game and any patches or new versions. Everyone who uses the Product is "you." When you download or play Bluegarden, you're confirming that (1) you're at least 13 years old, (2) you understand and agree to these Terms, and (3) if you're between 13 and 18, your legal guardian has looked at these Terms and approves them. This is a legally binding agreement. You get a limited personal license to use the Product when you download it and agree to this Agreement. If you break these terms, you have to stop using the Product right away and delete all the software. Your license starts when you download the Product and ends if you break this Agreement. The license is just for you and only covers playing the game the way it's meant to be played. If you get multiple copies, each one is covered by this Agreement. Company can change these Terms anytime by posting updates on its website. By keeping using the Product, you're accepting any changes. If you don't like any version of these Terms or Company policies, your license ends immediately and you have to stop using the Product. Company can change, modify, add or remove parts of these Terms at any time by posting updates on its website. Changes take effect right away. If you keep using it, that counts as acceptance.
HOW YOU MAY USE BLUEGARDEN
You're acknowledging that Company owns everything about the Product and you're agreeing to follow this Agreement. You can make one backup copy of the Product and need to keep all the documentation with it. You can't share, transfer, or distribute the Product in any way. You can't reverse engineer, take it apart, modify, change or break down the Product or let anyone else do it either. You can't loan, rent, lease or transfer your license. These restrictions apply to how you use it. By using the Product, you agree to follow these restrictions and any other rules built into the Product itself. You agree not to: Mess with the Product, servers or networks connected to it, or break any network rules; Get around or interfere with security features or access controls; Use the Product to break any local, state, national or international laws; Use the Product to hurt kids in any way; Share personal information about other people or help with tracking or pretending to be someone; Scam or trick Company or other users; Pretend to be someone else or lie about who you are; Cheat, use bots, macros or other automation tools to get an unfair advantage. You're agreeing to follow all laws and regulations about how you act online, what you post and how data gets sent. You also agree not to do anything that Company thinks would hurt the Product or how people enjoy it. Company has the right to decide what breaks these Terms and to take action, which can include kicking you out. You're responsible for all fees your internet or mobile provider charges when you use the Product.
PAYMENT & WARRANTY
You're agreeing to pay all charges for your license right away and won't argue about payment unless the Product doesn't work like it should within about a week of buying it. Any refund requests have to come within seven days of getting your license. YOU AGREE THAT ALL SALES ARE FINAL AND NON-REFUNDABLE, UNLESS COMPANY OR THE APPLICABLE PLATFORM DECIDES ON ITS OWN TO GIVE YOU A REFUND WITHIN THAT WEEK. AFTER THAT POINT, YOU CAN'T GET REFUNDS BUT COMPANY WILL KEEP HELPING YOU OUT.
IN-GAME CURRENCY AND ITEMS
Bluegarden might have virtual currency like coins, gems or tokens that you can earn or buy with real money ("Virtual Currency"). It could also have virtual items like rare corals, equipment or abilities you can earn or purchase ("Virtual Goods"). Company has complete control to manage, regulate, control, modify or get rid of Virtual Currency and Virtual Goods whenever it wants without owing you anything. You get a limited, personal, nontransferable, revocable license to use Virtual Goods and Virtual Currency only inside the Product. You don't actually own them except for this limited license. Trading Virtual Currency and Virtual Goods is off-limits except if the Product allows it. You can't sell, convert or trade them outside the Product to Company, other users or anyone else. All Virtual Currency and Virtual Goods purchases are final and non-refundable unless Company decides to make an exception. If these Terms, your license, or the Product gets terminated for any reason, including if Company shuts down any part of it, you lose all Virtual Currency and Virtual Goods and Company doesn't owe you anything.
YOUR CONTENT
The Product might let you create, post, show, send or share content like text, images, comments and information ("User Content") through forums, messaging, or other features. Company doesn't have to accept, show, look at, keep or use any User Content. You understand that whoever created User Content is responsible for it. Company doesn't screen, look at, check or watch User Content for whether it's true, legal or good quality and doesn't promise anything about it. You're using the Product at your own risk and might run into content that's inappropriate or offensive. You take all the risk from User Content, and Company isn't liable for any User Content, mistakes, losses or damage from using it. Company has the right to look at, review, reject, take down, censor, edit, delete or block access to any User Content without telling you and for any reason. You can report User Content that breaks these Terms. Stuff you put in ("Your Content") isn't secret and won't come back to you. You're saying Your Content is yours alone, that you own all rights to it, and you're giving Company a worldwide, irrevocable, permanent, non-exclusive, transferable, royalty-free license to use, copy, adapt, modify, distribute, show, perform, send and use Your Content through the Product or any other way. You're giving Company the right to let other people use these rights too. You're giving Company the right to use your name, voice and likeness with Your Content without owing you anything. Except where the law says otherwise, you're giving up any rights to be credited and moral rights in Your Content.
DISCLAIMERS
YOU AGREE THAT USING THE PRODUCT IS AT YOUR OWN RISK AND IT'S PROVIDED AS-IS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY AND ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY PROVIDERS, DISTRIBUTORS OR LICENSORS (COLLECTIVELY "COMPANY PARTIES") DON'T WARRANT THAT (A) THE PRODUCT WILL DO WHAT YOU WANT OR THAT MATERIALS WILL BE AVAILABLE TO YOU, OR (B) THE PRODUCT WILL RUN WITHOUT STOPPING, WORK ON TIME, BE SECURE OR NOT HAVE ERRORS. TO THE FULLEST EXTENT THE LAW ALLOWS, COMPANY PARTIES WON'T BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOST MONEY, PROFITS, DATA OR BUSINESS INTERRUPTION, COMING FROM THESE TERMS OR THE PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR SOME OTHER LEGAL THEORY, EVEN IF THEY KNEW IT MIGHT HAPPEN. COMPANY PARTIES' TOTAL LIABILITY TO YOU WON'T GO OVER WHAT YOU PAID COMPANY IN THE THREE MONTHS BEFORE YOUR CLAIM. IF YOU PAID NOTHING, YOUR ONLY OPTION IS TO STOP USING THE PRODUCT. Some places don't allow you to exclude certain warranties or limit liability for certain damages. So some of these limits might not apply to you. Company's liability gets limited to the least the law allows.
TERMINATION
Company can end these Terms and your access to the Product whenever it wants for any reason. Company can take action without warning if it thinks you've broken these Terms, broken Company policies, or done something that might be illegal, harmful, harassing or disruptive. Ending things can mean losing all data and information from your account, like usernames, characters, achievements, Virtual Currency and Virtual Goods. You won't get any refund or money back for termination and Company doesn't owe you anything. Company has the right to refuse the Product to anyone. These Terms stay in effect until they're ended and they keep going after your access ends.
DISPUTES WITH OTHER USERS
Company has the right but isn't obligated to monitor or handle arguments between you and other users. You're responsible for how you deal with other users and people you contact through the Product. You're agreeing to fully help Company investigate if it suspects unlawful or improper activity. Company doesn't take responsibility for arguments between you and other users.
THIRD PARTY LINKS
The Product might have links to other websites or resources. Company isn't responsible for whether those sites work, what they say, what they have or what they offer. Links don't mean Company backs them. You take all the risk from using other sites. Company can remove links whenever it wants for any reason.
GOVERNING LAW
This Agreement is controlled by the laws of the Province of New Brunswick and the laws of Canada that apply there. Both parties agree to let the courts of the Province of New Brunswick handle any disputes.
SUCCESSORS AND ASSIGNMENT
This Agreement applies to and benefits the parties and their heirs, agents, successors, administrators and assigns. You can't assign this Agreement without Company's written approval first. Company can assign this Agreement to anyone who agrees to be bound by it. Company is off the hook once it assigns things to someone else who takes over all the obligations. WAIVER: Any waiver has to be in writing. If Company lets something slide on a breach, that doesn't mean it's letting everything slide going forward.
SEVERABILITY
If any part of this Agreement turns out to be invalid, the rest of it stays valid and can be enforced.
COMPLETE AGREEMENT
This Agreement is the whole deal between the parties about the Product and replaces everything that came before it.