Welcome to the website operated by ByteBlaze Limited (referred to as "ByteBlaze", "we", or "the company" in these Terms). The term "Site" refers to the websites of the Company and its affiliates, including any websites where these terms and conditions of use are posted. The Site may provide access to virtual environments, games, and other content, as well as downloadable software or applications for use on personal computers, tablets, mobile devices, or phones.
All users of the Site are bound by the following terms and conditions of use (these "Terms of Use"). Please carefully read these Terms of Use before accessing or using any part of this Site. By accessing or using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, as amended from time to time, as well as the Company Privacy Policy, which is incorporated into these Terms of Use. If you do not agree to these Terms of Use, please refrain from accessing or using any part of this Site.
The Company reserves the right to revise and update these Terms of Use at any time without prior notice by posting the amended terms on this Site. Your continued use of the Site signifies your acceptance and agreement to the revised Terms of Use. If you disagree with the Terms of Use (as amended) or are dissatisfied with this Site, your sole and exclusive remedy is to discontinue using this Site. It is your responsibility to regularly check the Site for any changes to these Terms of Use and review such changes.
GENERAL TERMS
If you have log-in details (i.e. you register for our Services),you need to keep them safe! You are responsible for maintaining the confidentiality of your login details including any user name, email address and password and you are also responsible for all activities that are carried out under your account. We would also recommend that you regularly change your password, and do not use the same email and password combination for any other online service.
You agree to use the Site only for lawful purposes:
(a) Specifically you agree not to engage in any of the following activities:
(1) Uploading or transmitting on the Site any defamatory, indecent, obscene, harassing, violent, or otherwise objectionable material, or any material that is protected by copyright without permission from the copyright owner;
(2)Using the Site to violate the legal rights (including rights of publicity and privacy) of others or to violate the laws of any jurisdiction;
(3)Intercepting or attempting to intercept electronic mail not intended for you;
(4)Misrepresenting an affiliation with any person or organization;
(5)Uploading or transmitting on the Site any advertisements or business solicitations;
(6)Restrict or inhibit use of the Site by others;
(7)Upload or otherwise transmit files that contain a virus or corrupted data;
(8)Collecting information about others (including email addresses) without their consent;
(9)Downloading files, software, or including in a message any software, files, or links that you know or have reason to believe cannot be legally distributed over the Site or that you have a contractual obligation to keep confidential (despite its availability on the Site);
(10)Post “spam,” transmit chain letters or engage in other similar activities;
(11) Solicit, provide or exchange any personal information, including but not limited to user names or passwords;
(12) “Stalk,” “phish,” abuse or harass another user, or attempt to do any of the foregoing; or
(13)Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by the Company, may harm the Company or users of the Site, or expose them to liability.
(b) Unless expressly authorized by the Company in writing, you are prohibited from reproducing, sublicensing, distributing, selling, or exploiting for any commercial purposes
(i) any part of this Site or its content,
(ii) access to this Site or
(iii) use of this Site or of any services or materials available through this Site, including, without limitation, by leasing access to the Site (e.g., at a cyber café), gathering and selling virtual items, codes, pre-paid game cards, or virtual currency through the Site, or otherwise.
(c)The Company retains the right, without assuming any obligation, to
(1) remove any material posted on the Site that the Company, at its sole discretion, considers inconsistent with the stated commitments (including any material that may constitute or be alleged to constitute copyright infringement, whether noticed by the Company or reported by a third party);
(2) monitor and/or record communications between and among users on the Site; and
(3) terminate any user’s access to all or part of the Site. However, please note that the Company cannot review all material or communications before they are posted on the Site, nor can it guarantee the immediate removal of objectionable material after it has been posted. Consequently, the Company assumes no liability for actions or inactions regarding transmissions, communications, or content provided by third parties. The Company reserves the right to take any necessary action to safeguard the personal safety of Site users and the public. Nonetheless, the Company disclaims any liability or responsibility to anyone for the execution or non-execution of the activities outlined in this paragraph.
(d) Your failure to comply with the provisions of (a), (b) or (c) above may result in the termination of your access to the Site and may expose you to civil and/or criminal liability.
PRIVACY: PROTECTION OF PERSONAL INFORMATION
Please review the Company's Privacy Policy for information on how your personal information is used and your responsibility to protect your privacy. The Privacy Policy outlines the Company's practices regarding the collection, use, and protection of your personal information. It is important to familiarize yourself with the Privacy Policy to understand how your information is handled.
CHILDREN
The Services are designed to restrict access to individuals under 18 years old, and we do not knowingly accept personal information from anyone under this age. If you suspect that a child under 18 has accessed the Services, please contact us immediately at [email protected].
We have implemented commercially reasonable measures to limit the use of our Services to individuals who are at least 18 years old. Additionally, we do not sell products or services intended for purchase by minors.
UPLOADS TO YOUR DEVICES
Please be aware that if you use downloadable applications from the Company, updates to your device's operating systems or firmware may render the applications incompatible. The Company cannot guarantee that the Site or any Company applications will be compatible with updates to your devices or with prior device versions.
The Company may, at its discretion, provide updates to the Site or applications to enhance compatibility with updated mobile devices. However, the Company is not obligated to do so.
Please keep this in mind when using our applications and ensure that your devices are compatible with the latest updates before downloading or using our software.
DATA CHARGES
If your use of the Site or any Company application requires or involves wireless, cellular data, or internet access, you are responsible for obtaining and maintaining the necessary data access service. This means that you are independently responsible for securing the data service needed for using the Site or Company applications.
For instance, when using our services on mobile devices, your data plan provider may charge you fees for data access related to your use of the Site or Company applications. You are solely responsible for all charges payable to third-party providers for data access or internet usage associated with using our services.
Please ensure that you understand and comply with the terms and conditions of your data plan provider to avoid any unexpected charges related to data usage while accessing our Site or applications.
COPYRIGHT RESTRICTIONS
The content of this Site, including information, text, displays, images, audio, and software, as well as the design and arrangement, is the proprietary property of the Company, its affiliates, or licensors, and is protected by international copyright, trademark, trade secret, and other proprietary laws.
You are authorized to use the content on this Site solely for personal use related to your role as a current or prospective user of the Site. Without prior written consent from the Company, you may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit, or distribute any material from this site. However, you are permitted to:
(a)Temporarily store copies of materials in RAM (random access memory).
Store files that are automatically cached by your web browser for display enhancement purposes.
(b)Print a reasonable number of pages from the Site for personal use, provided that you do not alter or remove any copyright or proprietary notices included in such materials.
(c)Title and intellectual property rights to any information or material on this Site remain with the Company or the applicable owner of the content, and are not transferred to you.
To use any material from this Site beyond the permitted uses outlined above, you must obtain prior written consent from the Company or the relevant owner of the material.
SOFTWARE LICENSE
If the Company offers software downloads or access to software on this Site and you download or access such software, you are granted a personal, nonexclusive, limited license to install and run the software in object code format only on a device owned or controlled by you. This license is solely for the purpose of accessing and using the services provided by the Company in accordance with these Terms, and only while your account remains open.
Please note the following terms regarding the use of the software.You acknowledge that you are receiving licensed rights only. You may not network the Software among devices. You may not directly or indirectly, or authorize any person or entity to:
(i) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow or assist others to create the source code of the Software or its structural framework;
(ii) create derivative works of the Software;
(iii) use the Software in whole or in part for any purpose except as expressly provided herein; or
(iv) disable or circumvent any access control or related device, process or procedure established with respect to the Software.
You confirm that you have sufficient information to use the software without needing to reverse engineer it for interoperability with other products or information. You are responsible for all use of the software under your possession or control.
TRADEMARKS
The names, logos, product and service names, designs, and slogans associated with the Company, including all related trademarks contained in the Site or any software provided or accessed in connection therewith, are trademarks owned by the Company, its affiliates, licensors, and/or contractors, unless otherwise clearly specified in writing. You are not permitted to use these marks without the prior written permission of the Company.
Any other names, brands, and marks mentioned on the Site are used for identification purposes only and may be the trademarks of their respective owners.
LIABILITY OF THE COMPANY AND ITS LICENSORS
The Company does not assume any responsibility or liability for the accuracy, completeness, or reliability of the materials, information, and opinions provided on or through the Site (referred to as "Site Content"). Your reliance on the Site Content is at your own risk. The Company disclaims any liability for injury or damages resulting from the use of any Site Content.
THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY OR GUARANTEE OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE COMPANY, ITS AFFILIATES, AND SERVICE PROVIDERS DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATED TO THE SITE IN ANY WAY.
In summary, the Company and its affiliates and service providers are not liable for any damages or losses resulting from the use of the Site or reliance on its content. The Site is provided on an as-is basis, and your use of the Site constitutes your acceptance of these terms and disclaimers.
INDEMNIFICATION
By using the Site, you agree to indemnify and hold harmless the Company, its shareholders, partners, affiliates, third-party information providers, licensors, licensees, distributors, contractors, and other parties involved in the Site or the delivery of products, services, or information through the Site. This includes indemnifying them from any liabilities, expenses, damages, and costs, including reasonable attorney's fees, arising from your violation of these Terms of Use or your use of the Site, including any products, services, or information obtained from the Site.
Essentially, you are agreeing to protect and defend the Company and related parties against any claims or legal actions resulting from your actions or violations of the Terms of Use while using the Site or accessing its content or services.
REFUND POLICY
Except where legally mandated, refunds will not be issued.
COMMENTS
The Company values your feedback and welcomes your comments. Any comments, suggestions, or other information you send to the Company, its advertisers, or business partners in response to solicitations on this Site will become the property of the Company. By submitting such materials, you agree to transfer all intellectual property rights therein to the Company.
For clarity, any developments resulting from your comments, suggestions, or submissions will be owned by the Company or on its behalf.
If the Company does not own these materials, you grant and agree to grant the Company a non-exclusive, royalty-free license to utilize, create derivative works of, distribute, and sublicense such materials for any purpose related to the Company's websites, products, and services.Please note that you should not expect any review, compensation, or consideration of any kind for your submissions.
LINKS TO THIRD PARTY
The Site contains links to other websites on the Internet. The Company does not endorse the content, products, services, or practices of any third-party websites, including sites framed within the Site or third-party advertisements. The Company makes no representations regarding the quality, content, accuracy, or suitability of these third-party websites for your viewing or use. Your use of third-party websites is at your own risk and subject to the terms and conditions of use applicable to those websites.
If you choose to purchase a product or service from a third party, the Company is not responsible for such products or services, as it is not a party to that transaction. The Company is not liable for any direct or indirect costs or damages arising from any dispute between you and such third party.
NEITHER THE COMPANY, ITS LICENSORS, NOR CONTRACTORS MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE GOODS OR SERVICES OFFERED BY SUCH THIRD PARTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR COMPATIBILITY.
INTELLECTUAL PROPERTY RIGHTS
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, the Company may, in appropriate circumstances and at its sole discretion, terminate your access to this Site if it considers you to be a repeat infringer. The Company may also, at its sole discretion, limit your access to the Site and/or terminate your membership if you infringe on the intellectual property rights of others, regardless of whether there is any repeat infringement.
If you become aware of any content that may infringe the copyright of a third party or that you believe to be in violation of these Terms of Use, please contact us. Additionally, if you believe that any content on the Site violates your intellectual property rights, please email us at [email protected].
MISCELLANEOUS
These Terms of Use, as they may be amended from time to time, constitute the complete and exclusive agreement between you and the Company regarding the Site. Any other terms communicated to you orally or through other means have no force or effect.
Any legal action related to the Site must be initiated within one (1) year after the claim or cause of action arises, or it will be barred.You acknowledge that violating any restrictions outlined in these Terms of Use regarding the use of the Site, Site Content, or software/services, or unauthorized disclosure of Confidential Information, may cause irreparable harm to the Company. In such cases, the Company may seek injunctive relief in addition to other available legal remedies.The Company's licensors and contractors are third-party beneficiaries of relevant terms in these Terms of Use, including disclaimers of warranty and limitations of liability. They have the right to enforce against you all applicable representations, warranties, covenants, indemnifications, and obligations under these Terms of Use directly.
If any part of these Terms of Use is found to be unenforceable, the unenforceable part will be interpreted to reflect the original intentions of the parties as closely as possible. The remaining provisions will remain in full force and effect.Certain provisions related to the protection of the Company's intellectual property rights, disclaimers of warranties, limitations of liability, choice of law and binding arbitration, indemnification obligations, and any licenses granted by you to the Company will survive the termination of these Terms of Use.The Company's failure to enforce any provision of these Terms of Use strictly will not be considered a waiver of that provision. Additionally, any course of dealing or conduct between you and the Company, or trade practices, will not modify these Terms of Use.