Bit Dreams Terms & conditions

Revised and effective from: September 1st, 2021.

Welcome to Bit Dreams LLC, the website ("BitDreams", “Bit Dreams”, “Bit Dreams Studio”, "We" or "Us"). This page explains the terms by which you may use our online and/or mobile PC, Console services, website, games, and software provided on or in connection with the service (collectively the "Service"). By installing, accessing, or using the Service, or by checking a box or clicking a button signifying your assent to these terms, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement ("Agreement") and to the collection and use of your information as set forth in the Bit Dreams Privacy, whether or not you are a registered user of our Service. We reserve the right to modify these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Service ("Users"). Please read this Agreement carefully to ensure that you understand each provision. This Agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. This is our agreement in short:
You agree to be bound by these terms. You are 18 or older. You don’t use fake identity or pretend to be someone you’re not. You’ll respect all and maintain a positive behavior. You don’t spam or use your account for commercial purposes. You don’t cheat in any form. Your account is personal and yours only. You don’t sell, rent or give away your account in any form. You don’t steal or try to illicitly acquire other accounts, virtual items or any other content or benefits in our games. You and you alone are responsible for the content and material you submit, upload or create into our Services and Platforms. We have the right to suspend or terminate your account if you don’t follow these rules without any prior notification. We try our best to keep our games, experiences and platforms enjoyable and available to you at all times.

1. Use of Our Service Bit Dreams develops and publishes mobile Pc and Console games that are available to play on the iOS, Android and other platforms. A. Eligibility This is a contract between you and Bit Dreams. You must read and agree to these terms before using the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Us, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to this Agreement on your behalf. The Service is not available to any Users previously removed from the Service by Bit Dreams. B. Services Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. We reserve all rights not expressly granted herein in the Service and the Bit Dreams Content. We may terminate this license at any time for any reason or no reason without any prior notification. C. Accounts on the Service Your Service account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. By connecting to the Service with a third-party service, such as Facebook, Amazon, Google+, or any other third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You may never use another User's account without permission. Further, you may not sell, gift, trade, or transfer your User account to any other User for any reason whatsoever. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your account. You must notify Us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account. When creating your account regarding the Service, you are prohibited from using politically sensitive, pornographic or any other inappropriate word, symbol or image in your account. It is in Bit Dreams sole discretion to censor and decide whether the content of your account is prohibited and We are entitled to promptly cancel, suspend or nullify your account once it is deemed prohibited. You may control your User profile and how you interact with the Service by changing the settings within your settings' menu. By providing Us your email address you consent us to using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings' menu. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. D. Service Rules You agree not to engage in any of the following prohibited activities: 1. Copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; 2. Using any automated system, including without limitation "robots", "spiders", "offline readers", etc., to access the Service in a manner that sends more request messages to servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser. 3. Transmitting spam, chain letters, or other unsolicited email; 4, Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; 5. Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; 6. Uploading invalid data, viruses, worms, or other software agents through the Service; 7. Collecting or harvesting any personally identifiable information, including account names, from the Service; 8. Using the Service for any commercial solicitation purposes; 9. Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; 10. Interfering with the proper working of the Service; 11. Accessing any content on the Service through any technology or means other than those provided or authorized by the Service; 12. Bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; 13. Using cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software that modifies or interferes with the Service or any User's game experience. Accessing any audiovisual content that may be available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited unless explicitly permitted by the functionality of the Service. "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Service to a User's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Bit Dreams shall have no liability for your interactions with other Users, or for any User's action or inaction.

2. User Content Some areas of the Service allow Users to post or provide content such as profile information, videos, images, music, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service is referred to as "User Content"). We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by providing or sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement. We have the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service. You agree not to post User Content that: 1. May create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; 2. May create a risk of any other loss or damage to any person or property; 3. Seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; 4. May constitute or contribute to a crime or tort; 5. Contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; 6. Contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); 7. Contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or 8. Contains any information or content that you know is not correct and currently violates any school or other applicable policy, including those related to cheating or ethics. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. Bit Dreams reserves the right, but is not obligated, to reject and/or remove any User Content that We believe, in its sole discretion, violates any of these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the copyrights authorities, guilds or any other governmental or non-governmental organization. User Interactions You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Bit Dreams games. We reserve the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Us to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Bit Dreams access to any password-protected portions of your Account. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. In connection with your User Content, you affirm, represent and warrant the following: A. You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use. B. You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties. C. Your User Content and Bit Dreams’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights. D. We may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise. Bit Dreams takes no responsibility and assumes no liability for any User Content that you or any other User or third-party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Bit Dreams shall not be liable for any damages you allege to incur as a result of or relating to any User Content.

3. User Content License Grant By posting or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Bit Dreams a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Bit Dreams’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.

4. Mobile Software, PC and Consoles Software A. Mobile Software. We may make available software to access the Service via a mobile device ("Mobile Software"). To use the Mobile Software, you must have a mobile device that is compatible with the Mobile Software. Bit Dreams does not warrant that the Mobile Software will be compatible with your mobile device. You may use mobile data in connection with the Mobile Software and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Bit Dreams hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for the) account on one mobile device owned or leased solely by you, for your personal use. You may not: 1. Modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; 2. Rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; 3. Make any copies of the Mobile Software; 4. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or 5. Delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that We may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Bit Dreams or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. We reserve all rights not expressly granted under this Agreement. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Software will be deemed to be "commercial computer software" and "commercial computer software documentation", respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Service. B. Mobile Software from Apple App Store. The following applies to any Mobile Software you acquire from the Apple App Store ("Apple-Sourced Software"): You acknowledge and agree that this Agreement is solely between you and Bit Dreams, not Apple, Inc. ("Apple"), and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Bit Dreams as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: 1. Product liability claims; 2. Any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; 3. Claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Bit Dreams as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party's intellectual property rights, Bit Dreams, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Us acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof. C. Mobile Software from Google Play Store. The following applies to any Mobile Software you acquire from the Google Play Store ("Google-Sourced Software"): 1. You acknowledge that the Agreement is between you and Bit Dreams only, and not with Google, Inc. ("Google"); 2. Your use of Google-Sourced Software must comply with Google's then-current Google Play Store Terms of Service; 3. Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; 4. Bit Dreams, not Google, is solely responsible for its Google-Sourced Software; 5. Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; 6. You acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Bit Dreams’s Google-Sourced Software. D. All above agreements described in the points A, B, C, remain the same for any software developed and published for both Pc and Console platforms.

5. Our Proprietary Rights Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, game clients, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, games, titles, computer code, themes, objects, characters, character names, stories, dialogue, phrases, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Bit Dreams game client, and User Content belonging to other Users (the "Bit Dreams Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Bit Dreams and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Bit Dreams Content. Use of the Bit Dreams Content for any purpose not expressly permitted by this Agreement is strictly prohibited. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Bit Dreams under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Bit Dreams does not waive any rights to use similar or related ideas previously known to Bit Dreams, or developed by its employees, or obtained from sources other than you. Public Discourse The Service may include various forums and blogs where you can post User Content, including your observations and comments on designated topics. We cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Bit Dreams shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

6. Bit Dreams Property The Service contains data, information, and other content not owned by you, such as reputational or status indicators in-world currency, and/or fictional property representing virtual achievements (for instance, trophies or powers) ("Bit Dreams Property"). You understand and agree that regardless of terminology used, Bit Dreams Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at Bit Dreams’s sole discretion. Bit Dreams Property is not redeemable for any sum of money or monetary value from Bit Dreams or any third party at any time. You further agree not to sell or redeem any Bit Dreams Property for any sum of money or monetary value from any third party. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Bit Dreams, including without limitation any data representing or embodying any or all of your Bit Dreams Property. You agree that Bit Dreams has the absolute right to manage, regulate, control, modify and/or eliminate Bit Dreams Property as it sees fit in its sole discretion, in any general or specific case, and that Bit Dreams will have no liability to you based on its exercise of such right. All data owned by Bit Dreams are subject to deletion, alteration or transfer. Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history and account content owned by Bit Dreams, may be deleted, altered, moved or transferred at any time for any reason in Bit Dreams’s sole discretion, with or without notice and with no liability of any kind. Bit Dreams does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data owned by Bit Dreams. Virtual Items Bit Dreams owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Bit Dreams games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any Bit Dreams game, whether earned in a game or purchased from Bit Dreams, or any other attributes associated with an Account or stored on the Service.

7. Paid Services A. In-Service Purchases. In certain areas of the Service, you may purchase with "real world" currency a limited, personal, non-transferable, non-sublicensable, revocable license to use: 1. "virtual currency" including, but not limited to virtual cash or gems; 2. Certain types of Bit Dreams Property; 3. Certain other goods or services ("Merchandise"). Bit Dreams may manage, regulate, control, modify, or eliminate Bit Dreams Property and Merchandise at any time, with or without notice, and shall have no liability to you or any third party if Bit Dreams exercises any such rights. The transfer of Bit Dreams Property and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem, or otherwise transfer any Bit Dreams Property or Merchandise to any person or entity, including but not limited to other Users or third parties. The provision of certain Bit Dreams Property for use on the Service is a service provided by Bit Dreams that commences promptly upon acceptance by Bit Dreams of your purchase. B. No Refunds. Please be noted that while using your account, completed payments cannot be canceled and there are no refunds for completed payments. You may cancel your Bit Dreams account at any time; however, there are no refunds for cancellation. In the event that Bit Dreams suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any Bit Dreams Property, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else. Further, all purchases of Bit Dreams Property and Merchandise are non-refundable, and Bit Dreams shall not be required to provide a refund for any reason. C. Payment Information; Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

8. Privacy We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy and to have your personally identifiable information collected, used, transferred to and processed by us.

9. Security We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

10. DMCA Notice Since we respect artist and content owner rights, it is Bit Dreams’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES. Please note that this procedure is exclusively for notifying Us and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Bit Dreams’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. In accordance with the DMCA and other applicable law, Bit Dreams has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. We may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

11. Third-Party Links and Information The Service may contain links to third-party materials that are not owned or controlled by Us. Bit Dreams does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and Bit Dreams’s Privacy Policy do not apply to your use of such sites. You expressly relieve Bit Dreams from any and all liability arising from your use of any third-party website, service, or content, including without limitation User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Bit Dreams shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

12. Indemnity You agree to defend, indemnify and hold harmless Bit Dreams and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party's access and use of the Service with your unique username, password or other appropriate security code.

13. No Warranty The Service is provided on an "as is" and "as available" basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Bit Dreams or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, Bit Dreams, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service. Bit Dreams does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and Yostar will not be a party to or in any way monitor any transaction between you and third-party providers of products or services. Some jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from different jurisdictions. The disclaimers and exclusions under this Agreement will not apply to the extent prohibited by applicable law.

14. Limitation of Liability To the maximum extent permitted by applicable law, in no event shall Bit Dreams, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this service. Under no circumstances will Bit Dreams be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein. To the maximum extent permitted by applicable law, Bit Dreams assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service, and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Bit Dreams, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Us. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Bit Dreams has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from different jurisdictions. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law. The Service is controlled and operated from facilities in Tokyo. Bit Dreams makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Tokyo and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by Tokyo, or are a foreign person or entity blocked or denied by the Tokyo government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in Tokyo.

15. Class Action/Jury Trial Waiver Class Action/Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's claims. You agree that, by entering into this Agreement, you and Bit Dreams are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind. If a dispute arises between you and Bit Dreams, we strongly encourage you to first contact us directly through our contact channels.

16. Limitations of the License You are not allowed to use the Service in violation of these License Limitations. Any violation is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law. We reserve the right to determine what conduct is in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. We also reserve the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part. 17. Termination and Suspension of Account and Service Without limiting any other remedies, Bit Dreams may limit, suspend, modify, terminate or delete accounts or access to Our services or portions thereof if you are, or We suspect that you are, failing to comply with any of these terms of service or for any actual or suspected illegal or improper use of the service. You can lose your user name and game persona as a result of account termination or limitation, as well as any benefits or privileges associated with your use of the service. Bit Dreams is not obligated to compensate you for any such losses. Bit Dreams may terminate any accounts that have been inactive for over 180 days. Bit Dreams may also, without limiting any other of our remedies, terminate or suspend the service and user accounts or portions thereof, prohibit access to our games and sites, and their content, services and tools, delay or remove hosted contend, and take technical and legal steps to prevent users from accessing the service if we believe that they are creating risk or possible legal liabilities, infringing the Intellectual Property Rights of third parties, or acting inconsistently with the letter or spirit of our terms or policies. In addition, in appropriate circumstances and at our sole discretion, we may suspend or terminate accounts of users who may be repeat infringers of third-party Intellectual Property Rights. Bit Dreams reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Bit Dreams shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted. You may terminate your Account at any time and for any reason by informing Us that you wish to terminate your Account. You can do this by sending us an email to privacy@bitdreamsgames.com.

18. Other A. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Bit Dreams without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. B. Notification Procedures and Changes to the Agreement. Bit Dreams may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Bit Dreams in our sole discretion. Bit Dreams reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Bit Dreams is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We may, in our sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the "last modified" date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service. C. Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Bit Dreams in connection with the Service, shall constitute the entire agreement between you and Us concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable. D. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Bit Dreams’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. E. Severability. You and Bit Dreams agree that if any portion of these Terms of Service or of the Bit Dreams Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect. F. Supplemental Policies. Bit Dreams may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service. G. Force Majeure. Bit Dreams shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Bit Dreams, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Bit Dreams’s control such as 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.

19. Entire Agreement These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein (including the Bit Dreams Privacy Policy), contain the entire understanding of you and Us, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

Please contact us at policy@bitdreamsgames.com with any questions regarding this Agreement. Bit Dreams Studio

Bit Dreams LLC, Tokyo, Japan.