BluBuff® Terms of Service

Last Modified: May 31, 2022

These terms of use (the “Terms”) set out the terms and conditions by which BluBuff offers you access to use and enjoy our games, apps and other services (the “BluBuff Services”). BluBuff is a gaming company headquartered in Cyprus whose registered number is HE434281. When we say “BluBuff”, we’re referring to the BluBuff entity responsible for providing the BluBuff Services in your region and these Terms are an agreement between you and that entity.

Please read these Terms carefully.

We encourage parents to supervise their child’s online activities, review the content they are accessing and, as appropriate, monitor their social interactions.

TABLE OF CONTENTS

  1. YOUR ACCOUNT
  2. ACCOUNT TERMINATION
  3. LIMITED LICENSE
  4. VIRTUAL GOODS, GAME CURRENCY AND PURCHASES
  5. FEES & TAXES
  6. USER RULES
  7. USER GENERATED CONTENT
  8. MONITORING & ANTI-CHEAT
  9. UPDATES AND MODIFICATIONS
  10. LINKS
  11. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
  12. WARRANTY DISCLAIMER
  13. INDEMNIFICATION
  14. LIMITATION OF LIABILITY
  15. DISPUTE RESOLUTION
  16. ADDITIONAL TERMS APPLICABLE TO BLUBUFF SERVICES
  17. MISCELLANEOUS

1. YOUR ACCOUNT

1.1. Am I eligible to create an account and use the BluBuff Services?

You’ll need a BluBuff account to access many of our services. To create an account and use the BluBuff Services, you must: (i) be an adult; (ii) be an emancipated minor; or (iii) have valid parent or legal guardian consent to be bound by these Terms. If you’re not an adult or emancipated minor, or don’t understand this section, please talk to your parents or legal guardian and ask for help. If you are the parent or legal guardian of a minor who creates an account with us, you and the minor accept and agree to be bound by these Terms. You are also responsible for all use of the account and compliance with these Terms by the minor, including all purchases made on the account. You may not create or use an account or use any of the BluBuff Services on behalf of any other person or other legal entity or for a commercial purpose.

1.2. How can I create an account?

You can create an account with unique login credentials on our websites or by logging into the BluBuff Services with an existing social media account (if applicable).

1.3. Does it matter which email I use to register my account?

We send account, legal and service related notices to the email address registered to your account. These notifications may be really important so you must keep the email address associated with your account current and (if we ask) verified. If you create an account by logging in to the BluBuff Services with a social media account, your BluBuff account email will be the email address associated with that social media account.

1.4. Can I share or sell my account or login credentials?

When you create an account with us, we require you to select a unique email and password (collectively, your “Login Credentials”). You agree that:

You must notify us immediately if you become aware of any breach of security, including any unauthorized account access or any loss, theft or unauthorized use or disclosure of your Login Credentials or payment info so we can take appropriate steps. You are responsible for all losses (including loss or use of Virtual Content) on your account where you have shared your Login Credentials or have failed to keep your account or Login Credentials secure.

2. ACCOUNT TERMINATION

2.1. How can my account be suspended or terminated?

2.1.1. You. You may terminate or suspend your account at any time by contacting us at support@blubuff.com.

2.1.2. Us. We may terminate or suspend your account without notice to you if we reasonably determine, that:

  1. you have breached any part of these Terms (including the User Rules);
  2. doing so would be in the best interests of our community or the BluBuff Services or is required for upholding a third party’s rights;
  3. we have stopped offering the BluBuff Services in your region (though we’ll normally post advance notice on our website, app or game if we plan to stop offering a material core feature of a game or all of the BluBuff Services in your region);
  4. you have failed to pay any fees you owe us (except in cases of our gross negligence or willful misconduct) or we have to refund someone due to unauthorized use of a payment made from your account; or
  5. you have (or we have reasonable grounds for suspecting that you have) made unauthorized use of someone else’s payment info.

We can make such determinations, with the assistance of automated systems and machine learning tools or by using other methods that we think are appropriate. If you think that we have made a mistake, please Contact Us with details and we will review your case, though we may suspend your account during our review. You can also challenge our determinations (see Section 15).

2.2. Will BluBuff maintain my account forever, even if I stop using it?

If you do not use your account for a prolonged period of time, we reserve the right to take measures against your account, including suspension or termination. If we plan to take measures against your account based on prolonged period of inactivity, we will let you know first (e.g., by email to the email address registered to your account) and give you ample opportunity to avoid such measures (e.g., deletion of your account).

2.3. What happens if BluBuff terminates my account?

If your account is terminated, you’ll no longer have access to your account, including any of the associated data or Virtual Content (though this does not limit or affect any rights you have under data or consumer protection laws). Where we terminate for a legitimate reason (e.g. where you have breached these Terms):

You understand and agree that using the BluBuff Services comes with the risk that your account may be terminated or suspended in accordance with these Terms and that, whenever you use the BluBuff Services, you’ll bear this risk in mind and always conduct yourself appropriately.

3. LIMITED LICENSE

3.1. What can I do with the BluBuff Services?

We grant you a limited, non-exclusive, non-transferable, revocable license to use and enjoy the BluBuff Services (and any Virtual Content) for your individual, non-commercial, entertainment purposes only and expressly conditioned upon your compliance with these Terms. If we terminate your account, any license granted by us to you in the BluBuff Services and any Virtual Content ends immediately. Unless otherwise expressly authorized by us in a signed written contract, you may not sell, copy, exchange, loan, reverse engineer, decompile, derive source code from, translate, lease, grant a security interest in, transfer, publish, assign or otherwise distribute any of the BluBuff Services or any of BluBuff's intellectual property, including any of our computer code or Virtual Content.

3.2. Can I do stuff with BluBuff’s intellectual property?

We (and our licensors) own and reserve all rights, title and interest in and to the BluBuff Services, and all data and content posted, generated, provided or otherwise made available in or through the BluBuff Services, including, user accounts, computer code, titles, objects, artifacts, characters, character names, chat logs, game recordings and broadcasts, locations, location names, stories, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, virtual goods, in-game currency, audio-visual effects, character likenesses, methods of operation and gameplay (collectively, “Game Content”). For clarity, Game Content includes Virtual Content. You can’t create any work of authorship based on the Game Content or BluBuff Services except as expressly permitted by us.

You also agree that unless we grant you a license, in a written contract signed by us, you may never use any of our trademarks, service marks, trade names, logos, domain names, taglines, or trade dress. Any reproduction, redistribution, or modification of the BluBuff Services, or use of the BluBuff Services not in accordance with these Terms, is expressly prohibited and may result in severe civil and/or criminal penalties.

4. VIRTUAL GOODS, GAME CURRENCY AND PURCHASES

4.1. What is Virtual Content?

Virtual content includes stuff like game currency and virtual goods, such as cards, skins, weapons, accessories, etc. (“Virtual Goods”) and in-game currency (“Game Currency”), associated with your account (collectively, “Virtual Content”).

You acknowledge and agree that except in cases of willful misconduct or gross negligence, or to the extent these Terms say otherwise, BluBuff shall not be liable in any manner for the destruction, deletion, modification, impairment, hacking, or any other damage or loss of any kind caused to Virtual Content, including the deletion of Virtual Content upon the termination or expiration of your account or our reasonable changes to the BluBuff Services.

4.2. Will my Virtual Content always be available?

In an effort to constantly improve the BluBuff Services, evolve our games and keep the BluBuff Services, safe, fun, and secure, we have the right to delete, alter, move, remove, re-package, re-price, or transfer any and all Game Content, including Virtual Content, in whole or in part, at any time, with or without notice to you, and with no liability of any kind to you. For example, your Virtual Goods may (and likely will) evolve over time to improve the BluBuff Services or for regulatory or legal reasons. If we decide to entirely retire certain Virtual Goods that you recently purchased, we will provide you with a replacement. We won’t delete your Game Currency without notice (such as through posts on our website, app or game), unless your account is terminated by us for a legitimate reason or by you under Section 2.1.1. We may sometimes change the purchasing power of Game Currency (for example, we might increase the number of Game Currency needed to purchase Virtual Goods, such as skins). We normally only do this in incremental steps but we’ll give you notice (such as through posts on our website, app or game) if we plan to make changes that will significantly impact your Game Currency in a negative way. We don’t provide or guarantee, and expressly disclaim, any value, cash or otherwise, attributed to any data residing on servers we operate or control, including any Game Content or Virtual Content attributed to your account. If we allow the sale or transfer of your right to access certain Game Content or Virtual Content, it may only be conducted via services approved or provided by us, if any.

5. FEES & TAXES

5.1. Is everything about the BluBuff Services free?

Some aspects of the BluBuff Services may require you to pay a fee, and you agree that you’ll provide accurate and complete payment info to us or the third-party payment provider used by us. You further agree to pay all fees and applicable taxes incurred on your account. We may revise the pricing for any part of the BluBuff Services at any time. This can impact on the purchasing power of your Game Currency, though we normally only do this in incremental steps. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable. We may, from time to time, modify, amend, or supplement our fees and fee-billing methods, and such changes shall be effective immediately upon posting in these Terms or elsewhere on our websites, apps or in our games. Except in cases of our gross negligence or willful misconduct, if you fail to pay any fees you owe to us or we have to refund someone due to unauthorized use of a payment made from your account, we may suspend or terminate your account. See Section 2 (Account Termination) for more info.

Subject to applicable law, any applicable fees and other charges for fee-based services (including Game Currency) are payable in advance and aren’t refundable in whole or in part except as expressly provided in these Terms. Except in cases of BluBuff’s gross negligence, or willful misconduct or to the extent these Terms say otherwise, you’re fully liable for all charges to your account, including any unauthorized charges.

5.2. What are my responsibilities relating to Game Currency?

You’re solely responsible for paying any applicable taxes related to acquiring, using, or accessing Game Currency. Game Currency may be sold or issued by us in bundles and the price may vary depending on the amount you purchase and where you’re purchasing. As we feel it necessary, in our reasonable discretion (or as prescribed by law), we may limit the total amount of Game Currency that may be purchased for any one game or that may be held in your account in the aggregate. Additionally, price and availability of Game Currency and Virtual Goods are subject to change. We may restrict how much Game Currency you can purchase and/or use based on your location as we have different approaches in different locations.

You should verify that the proper amount of Game Currency has been added to or deducted from your account during any given transaction. Please notify us immediately if you believe that a mistake has been made with respect to your Game Currency balance. We’ll investigate your claim, and in doing so, may request some additional info to verify it.

6. USER RULES

6.1. Can I threaten or harass people while using the BluBuff Services?

While using the BluBuff Services, you must comply with all laws, rules and regulations in the jurisdiction in which you reside. You must also comply with the acceptable use and behavioral policies that we publish from time to time on our websites, apps and games and the behavioral rules listed below (collectively the “User Rules”). The User Rules posted to our websites, apps and games or set out in this Section are not meant to be exhaustive, and we reserve the right to modify them, as well as take appropriate disciplinary measures including temporary bans, account suspension or termination and deletion to protect the integrity and spirit of the BluBuff Services, regardless of whether a specific behavior is listed in the User Rules as inappropriate.

The following are examples of behavior that warrant disciplinary measures:

  1. Impersonating any person, business or entity, including an employee of BluBuff, or communicating in any way that makes it appear that the communication originates from BluBuff;
  2. Publicly posting identifying info about yourself, BluBuff employees, or other players;
  3. Harassing, stalking or threatening other players or BluBuff employees;
  4. Removing, altering or concealing any copyright, trademark, patent or other proprietary rights notice of BluBuff contained within the BluBuff Services. You also may not transmit content that violates or infringes the rights of others, including patent, trademark, trade secret, copyright, publicity, personal rights or other rights;
  5. Transmitting or communicating any content which we reasonably believe to be offensive to players, including language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethically, or otherwise objectionable;
  6. Transmitting or facilitating the transmission of any content that contains a virus, corrupted data, trojan horse, bot keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal info;
  7. Avoiding, bypassing, removing, deactivating, impairing, descrambling or otherwise circumventing any technological measure implemented by BluBuff or any third party to protect or control access to the BluBuff Services or any part thereof;
  8. Spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings;
  9. Participating in any action which we reasonably believe does or may defraud any other player, including by scamming or social engineering;
  10. Using any unauthorized third party programs, including mods, hacks, cheats, scripts, bots, trainers and automation programs that interact with the BluBuff Services in any way, for any purpose, including any unauthorized third party programs that intercept, emulate, or redirect any communication relating to the BluBuff Services and any unauthorized third party programs that collect info about the BluBuff Services by reading areas of memory used by the BluBuff Services to store info;
  11. Accessing or attempting to access areas of the BluBuff Services that are not made available to the public;
  12. Selecting an account or user name that is falsely indicative of an association with BluBuff, contains personally identifying info, or that is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable. You may not use a misspelling or an alternative spelling to circumvent this restriction on name choices, like user names. BluBuff may modify any name which BluBuff reasonably believes violates this provision, without notification to you, and may take further disciplinary measures, including account termination for repeated violations;
  13. Non-participation, logging out or exiting a game during live game-play. BluBuff may track this data over time and issue a temporary ban when a player is determined to have left mid-game too many times. The length of the temporary ban will increase over time if a particular account continues to leave live game play;
  14. Playing on another person’s account or otherwise engaging in activity intended to “boost” an account’s status or rank;
  15. Inducing or encouraging others to breach the User Rules or these Terms; or
  16. Using the BluBuff Services for any business purpose without our express written consent or after we’ve asked you to stop using the BluBuff Services.

7. USER GENERATED CONTENT

7.1. Am I responsible for the content that I post on/in the BluBuff Services?

You’re responsible for any communications, user names, images, sounds, or other material and info that you create, upload, use or transmit with or through the BluBuff Services (“Your Content”).

You should upload or transmit Your Content only if you agree that:

  1. You grant us, from the time of uploading or transmission of Your Content, a worldwide, perpetual, irrevocable, sublicenseable, non-exclusive and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works based upon, publicly perform, publicly display, digitally perform, make, have made, and import Your Content, including, all copyrights, publicity rights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related to them, for the purpose of providing the BluBuff Services without any compensation to you;
  2. You waive any moral rights you may have in Your Content with respect to our use of Your Content to the maximum extent permitted by the laws of your jurisdiction. If local laws do not allow for waiver of moral rights, instead you grant BluBuff the right to use Your Content and all elements of Your Content with or without your name or pseudonym, as well as to freely edit Your Content.
  3. You represent, warrant and agree that none of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on the part of BluBuff and BluBuff won’t be liable for any use or disclosure of Your Content.
  4. You further represent, warrant and agree that Your Content shall not violate any third-party rights.

8. MONITORING & ANTI-CHEAT

8.1. Does BluBuff monitor me while using the BluBuff Services?

We may actively monitor the use of the BluBuff Services (but have no obligation to do so), both on our own servers and on your computer or device, for a wide variety of different purposes, including preventing cheating and hacking, reducing toxic player behavior, and improving the BluBuff Services. Please be sure to read our Privacy Notice for important details about how we obtain and process info in connection with your use of the BluBuff Services.

8.2. Does BluBuff run programs on my device while I’m not using the BluBuff Services?

In order to prevent cheating and hacking, we may require you to install anti-cheat software. This software may run in the background of your device.

9. UPDATES AND MODIFICATIONS

9.1. Will these Terms change in the future?

We may (and probably will) create updated versions of these Terms in the future as the BluBuff Services and applicable laws evolve. When we do, we’ll inform you of the new agreement which will supersede and replace these Terms. You’ll be given an opportunity to review any new agreement we present to you and decide whether you wish to agree to the revised terms. If you accept the new agreement, you’ll be able to continue using the BluBuff Services. If you decline the new agreement, you won’t be able to use the BluBuff Services anymore.

9.2. Will the BluBuff Services stay the same?

In an effort to constantly improve the BluBuff Services, evolve our games and keep the BluBuff Services, safe, fun, and secure, you agree that we may change, modify, update, suspend, “nerf,” or restrict your access to any features or parts of the BluBuff Services, including Virtual Goods (e.g., we might change some features of Virtual Goods for regulatory or legal reasons or to improve the game experience), and may require that you download and install software and updates to any software required to support the BluBuff Services, at any time without liability to you. You also understand and agree that any such changes or updates to the BluBuff Services might change the system specifications necessary to play our games, and in such a case, you, and not BluBuff, are responsible for purchasing any necessary additional software or hardware in order to access and play our games. You also understand and agree that we may use background patching to automatically update our games and software with or without notice to you.

10. LINKS

10.1. What about links in the BluBuff Services? Are those Safe?

The BluBuff Services may contain links to websites operated by other parties. Again, we do not own or operate those other websites. We provide these links to you as a convenience, or other users might be posting these links as user-provided content. Use these links and the corresponding external websites at your own risk. We don’t control the linked sites, and we’re not responsible for the content available there. Such links don’t imply our endorsement of info or material on any other site, and we disclaim all liability with regard to your access to and use of such linked websites.

11. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT

11.1. What should I do if someone is infringing my copyrighted work in the BluBuff Services?

BluBuff respects copyright law and expects its users to do the same. It is our policy to terminate accounts in appropriate circumstances of users who infringe or are believed to infringe the rights of copyright holders. BluBuff will respond expeditiously to claims of copyright infringement committed using the BluBuff website or other online network accessible through a mobile device or other type of device (the “Sites”) that are reported to BluBuff's Designated Copyright Agent, identified in the sample notice below.

If you’re a copyright owner, are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by submitting a notice that contains all of the following:

  1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site(s) where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
    • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
    • “I hereby state that the information in this Notice is accurate and that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  5. Provide your full legal name and your electronic or physical signature.

Deliver this notice (“Notice”), with all items completed, to BluBuff's Copyright Agent to the address of the BluBuff entity responsible for providing the BluBuff Services in your region. Be sure to mark it “Attn: Copyright Agent” (and not “Attn: Legal Dept) so it gets to the right person quickly. You can send your Notice instead by email to: copyright@blubuff.com. This email address is intended solely for the receipt of copyright take-down notices and not for general inquiries or requests of BluBuff. Attachments cannot be accepted at the email address for security reasons. Accordingly, any Notice submitted electronically with an attachment will not be received or processed.

Please note that the Notices are legal notices and that BluBuff may provide copies of such notices to the participants in the dispute or to third parties, at its discretion or as required by law. Upon receipt of such a Notice, BluBuff will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Sites.

12. WARRANTY DISCLAIMER

12.1. Does BluBuff make any warranties about the BluBuff Services?

You assume all responsibility for the installation and use of, and results obtained from the BluBuff Services (no matter where you are based).

13. INDEMNIFICATION

13.1. If someone sues BluBuff based on my use or misuse of the BluBuff Services, do I have to pay for BluBuff’s legal expenses?

To the extent permitted by law, except in cases involving our gross negligence or willful misconduct, you hereby agree to indemnify, defend and hold harmless BluBuff and its subsidiaries, affiliates, officers and directors from and against any and all claims, lawsuits, losses, liabilities and costs that arise or result from your misuse of the BluBuff Services, any violation by you of any of the provisions of these Terms (for example, if you use any hacks, cheats or bots with the BluBuff Services or you infringe our IP rights), or any infringement by you of any third party’s rights. BluBuff reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you’ll cooperate with BluBuff in asserting any available defenses.

For example, if you use the BluBuff Services as part of a business operation (something you’re not allowed to do) and we get sued because of something you do in breach of these Terms, you’ll have to defend us in court and pay for any damages we incur.

14. LIMITATION OF LIABILITY

14.1. Is there a limit on BluBuff’s potential liability under these Terms? (Yes.)

To the extent permitted by law, our total liability to you (whether for breach of this contract, negligence or for any other reason whatever) for any loss, harm or damage suffered by you in connection with your downloading, use and/or access of the BluBuff Services is limited to the total amounts paid by you to BluBuff during the six (6) months immediately prior to the time your cause of action first arose.

We only make the BluBuff Services available for domestic and private use. We are not liable for business losses (such as any loss of profit, loss of business, business interruption, loss of goodwill or loss of business opportunity). We also won’t have responsibility for any damage which arises because you failed to install any update when it is made available by BluBuff or where you fail to maintain the minimum system specifications required. Separately, we are not responsible for: (i) any loss that was not foreseeable at the time you entered into these Terms; or (ii) any loss that we both knew might happen only because of your special circumstances existing at the time you entered into these Terms (including all indirect damages).

Despite anything else we say in these Terms, WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO, including our liability for: (i) death or personal injury arising from our negligence; (ii) our fraud or fraudulent misrepresentation; (iii) willful or grossly negligent behavior; (iv) for damage arising from a negligent breach of an obligation that is essential for the performance of the contract by BluBuff (“Cardinal Duties”) to the extent that is typical and foreseeable; (v) for any guarantee given by us to you; or (vi) for any liability under a jurisdiction’s applicable product liability legislation.

You may also have specific rights under local law in addition to those set out above.

15. DISPUTE RESOLUTION

15.1. I have an issue that I haven’t been able to sort out with BluBuff. What’s the path to resolving this dispute?

Disputes can be expensive and time consuming for both parties. In an effort to accelerate resolution and reduce the cost of any dispute or claim related to these Terms (“Claim”), you and BluBuff agree to first attempt to informally negotiate any Claim for at least thirty (30) days (except as set out in Section 17.4 below).

15.2. How does negotiation get started? (One of us sends the other one a written notification describing the situation and relief sought.)

BluBuff will send its notice to the email address associated with your account. If you don’t have an account with BluBuff, we will send the notice to the email address which you used to write to us about the Claim. You must send your notice to the BluBuff entity that is responsible for providing the BluBuff Services to you. Please note that this informal resolution procedure does not suspend any statutory limitation periods applicable to the bringing of a Claim.

15.3. What claims are we agreeing to submit to negotiation? (Depends on the type of dispute)

To the maximum extent permitted under applicable law and without limiting your statutory rights to initiate a court proceeding, you and BluBuff agree that the following Claims are not subject to the other provisions in this Part A concerning negotiations: (i) any Claims seeking to enforce or protect, or concerning the validity of, any of your or BluBuff’s intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any Claim for equitable relief (such as an injunction). In addition, either party may assert an individual action in small claims court for Claims that are within the scope of such courts’ jurisdiction instead of litigation.

If you live in the EEA, you may refer the dispute to the European Commission’s Online Dispute Resolution Platform (see ec.europa.eu/consumers/odr).

Within a year after you submit your complaint to us, you may also try to resolve your dispute with BluBuff through a mediation procedure. This does not limit your statutory rights to initiate a court proceeding.

16. ADDITIONAL TERMS APPLICABLE TO BLUBUFF SERVICES

16.1. General Terms

You may access BluBuff Services we make available from certain authorized third party stores or platforms (an authorized third party provider of any store, game system, console or platform each a “Third Party Platform”), only if you agree that:

17. MISCELLANEOUS

17.1. What can I do if I have questions about the BluBuff Services?

If you have any questions concerning the BluBuff Services, or if you would like to contact us for any other reason, please contact BluBuff support at support@blubuff.com.

17.2. Can either party assign these Terms?

BluBuff may assign its rights under these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign your rights under these Terms without BluBuff’s prior written consent, and any unauthorized assignment by you shall be null and void.

17.3. Is this our entire agreement?

These Terms represent the complete agreement between you and BluBuff concerning the BluBuff Services, and supersede any prior or contemporaneous agreements between you and BluBuff. These Terms shall coexist with, and shall not supersede any other BluBuff policies referenced in these Terms. You and BluBuff agree that we each have not relied upon, and have no remedies in respect of, any terms, conditions, representations, warranties or similar that are not expressly set out in these Terms.

17.4. What happens if a natural disaster interferes with the Game?

BluBuff shall not be liable for any delay or failure to perform, including any failure to perform under these Terms due to unforeseen circumstances or cause beyond BluBuff’s control such as: (a) hacking, cyber-attacks, data corruption/loss (where we have taken the steps that would reasonably be taken by companies like us to avoid this event occurring); or (b) acts of god, war, terrorism, bomb-threats, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

17.5. Do these Terms mean we’re partners?

You agree that no joint venture, partnership, employment, or agency relationship exists between you and BluBuff as a result of these Terms or your use of the BluBuff Services.

17.6. If I breach these Terms and BluBuff does nothing for a long time, does that mean I’m off the hook?

BluBuff’s failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision after that. Any waiver by BluBuff of any provision, condition or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

17.7. What remedies are available to BluBuff if I breach these Terms?

You agree that BluBuff would suffer irreparable harm if a breach of certain of these Terms (such as Section 3.2) was not specifically enforced and that damages would not be an adequate remedy for BluBuff as a result. We may rely upon this Section to ask a court for injunctive relief or specific performance.

17.8. If part of these Terms is invalidated, what happens to the rest?

Except as otherwise provided in these Terms, if any provision of these Terms is held to be invalid or unenforceable for any reason, such provision shall be considered severed from these Terms and the remainder of these Terms shall continue in full force and effect.

17.9. Where we say “including” in these Terms, is that language limiting?

Whenever we use “including” in these Terms, we mean “including without limitation.”

YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, AND THAT BY SELECTING THE “ACCEPT” BUTTON BELOW OR OTHERWISE USING OR ACCESSING THE BLUBUFF SERVICES, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT IN THESE TERMS.