These Terms of Service apply to all of the games, applications, software, products, features and services (together "Games" or "Services") of Black Hornet Game Studio and are made available to any end Users directly by us or with a usage of all platforms and systems.
"Black Hornet Game Studio", "BHGS", "We", "Us" or "Our" refers to the indie game developer community Black Hornet Game Studio with official representative Siarhei Kavaleuski and We refer to You as "You", "Your", "User" and "Users" in these Terms of Service.
As a precondition for using the Services, you must agree to these Terms of Service. If you accept these Terms of Service, you represent that you are age 13 or older. If you are between the ages of 13 and 18 or otherwise do not have the authority to enter into agreements such as these Terms of Service, you represent that your legal guardian, or a holder of parental responsibility, has reviewed and agreed to these Terms of Service. Black Hornet Game Studio may require adequate proof of Your identity, age and consent from a parent or guardian at any time.
By using or otherwise accessing the Services, you agree to these Terms of Service. If you do not agree to these Terms of Service, you may not use or otherwise access the Services.
Unless otherwise specified by a component of the applicable Service, the Services are free to use or download but may contain features which may allow you to make purchases within the Services.
You represent that you are accessing our Games as a private person. Any commercial use of our Games is not allowed.
We may update these Terms of Service from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms of Service on this page. These changes are effective immediately after they are posted on this page.
Subject to these Terms of Service, Black Hornet Game Studio hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for Your personal, non-commercial use. The rights granted to you are subject to Your compliance with these Terms of Service.
Except as previously set forth, you do not receive any other license. BHGS retains all right, title and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade names, trade secrets, proprietary rights, patents, titles, computer codes, audiovisual and sound effects, musical works, themes, characters, character names, settings, stories, dialogs, artwork, gameplay recordings made using the Services, moral rights, whether registered or not and all applications thereof. Unless expressly authorized by law, the Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without BHGS's prior written consent. BHGS reserves all rights not expressly granted to you herein.
The Services and its contents are licensed, not sold. You agree that you have no right or title in or to any content that appears in the Services, including, but not limited to, the Virtual Items (see definition of "Virtual Items" at "Purchases in the Services" section below) or currency appearing in or originating from the Services, whether earned in the Services or purchased from BHGS or third parties.
We are not obligated to maintain or support the Services, to provide all or any specific content through the Services, or to provide You with updates, upgrades or services related thereto. You acknowledge that we may from time to time at our sole discretion issue updates or upgrades to the Services, disable access to the Services for any period of time or permanently, and automatically update or upgrade the version of our Services that You are using on Your device. You consent to such automatic updating or upgrading on Your device and agree that these Terms of Service will apply to all such updates or upgrades unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. You acknowledge and agree that we shall have no liability to You arising out of any unavailability of the Services.
Black Hornet Game Studio may license to you certain virtual goods to be used within the Service and which you may purchase with "real world" money or which you may earn or get through the game process ("Virtual Items"). Virtual Items are licensed to you on a limited, personal, non-transferable, non-sublicensable, revocable basis and are intended solely for non-commercial use.
BHGS may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice.
The transfer of Virtual Items is prohibited except where expressly authorized in the Services, as applicable.
Virtual Items do not have an equivalent value in real world money and are not a substitute for real world money. Neither BHGS nor any other person or entity has any obligation to exchange Virtual Items for anything of value.
BHGS is not liable for hacking or loss of Your Virtual Items.
Price and availability of Virtual Items are subject to change without notice.
All sales are final. You acknowledge that Black Hornet Game Studio is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused virtual items when an account is closed, whether such closure was voluntary or involuntary on any platform where we offer our Services.
Purchases or redemptions of third party virtual currency to acquire a license to use virtual items are non-refundable to the fullest extent allowed by law.
You agree that you will not, under any circumstances:
BHGS may limit, suspend or terminate the Services, or portions thereof, and take technical and legal steps to prevent users from accessing the Services if BHGS believes they are creating risk or possible legal liabilities, infringing intellectual property rights of third parties, or not acting in accordance with the letter or spirit of these Terms of Service.
BHGS reserves the right to stop offering and/or supporting the Services or a part thereof (e.g. a game or a feature of a game) at any time, at which point Your license to use the Services or a part thereof will be terminated automatically. In such an event, unless otherwise required by applicable law, BHGS does not have to provide refunds for Virtual Items or other items in connection with such discontinued Services.
The Services may include links to third-party services (including, but not limited to, advertisements displayed by third parties) and/or the third-party services may be made available to you via our Services. These services may include, but are not limited to gameplay recording and sharing, social media connectivity and advertisements. These services are subject to the relevant third party terms and conditions. Please read these third-party terms and conditions, carefully as they constitute an agreement between you and the relevant third-party service provider to which BHGS is not a party.
The Services may allow you to create content, including, but not limited to, game maps, gameplays, characters, screenshots or videos of Your gameplay (collectively "User Contributions").
In exchange for use of the Services, you hereby grant BHGS a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use Your User Contributions in any way and for any purposes including, but not limited to, the right to reproduce, copy, adapt, modify, perform, publish, display, broadcast, transmit, or otherwise communicate to the public by any current or future means and to distribute Your User Contributions without any further notice or compensation to You of any kind.
Where not expressly prohibited by law, you hereby waive any moral rights of paternity, reputation, publication, or attribution with respect to BHGS's and other players' use and enjoyment of Your User Contributions in connection with the Services and related goods and services under applicable law. This grant of license to BHGS, and the foregoing waiver of any applicable moral rights, survives any termination of these Terms of Services.
You acknowledge and agree that we may use, track, store, copy, reproduce, modify, distribute, broadcast, transmit, publicly display and perform, digitally perform, create derivative works of, and otherwise use and commercially exploit: (a) Your Game scores; (b) Your Game play sessions; (c) Your presence on the Service; (d) the time that You spend on or within particular portions of the Service; (e) rankings, statistics and User profiles; and (f) other Service usage information, in any media now existing or hereafter developed, and that all of the above are our sole and exclusive property and may be used by us (and our affiliates, partners, licensors and licensees and other third parties authorized by us) for any purpose, including for commercial or promotional use. If You are deemed to have retained, under applicable law, any right, title or interest in or to any portion of such information or materials, You agree to and hereby do assign solely and exclusively to us all of Your right, title and interest in and to such information or materials, without additional consideration, under applicable patent, copyright, trademark, trade secret and other similar laws or rights, in perpetuity. If such assignment is ineffective under applicable law, You hereby grant us the sole and exclusive, irrevocable, sub-licensable, transferable, worldwide, royalty-free license to repro-duce, modify, create derivative works from, publish, sell, distribute, transfer, transmit, publicly display, use, and practice such information or materials, and to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, You hereby waive any moral rights or rights of publicity or privacy You may have in such information or materials.
You are responsible for Your interactions with other users of our Services. If You have a problem with another user, We are not required to get involved, but We can if We desire.
If You have a dispute with another user, You release Black Hornet Game Studio from responsibility, claims, demands and/or damages (consequential or actual) of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute. This includes damages for loss of profits, goodwill, use or data.
You agree to indemnify and hold Black Hornet Game Studio (and our subsidiaries, affiliates, partners, officers, directors, employees and agents) harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of Your use of or access to the Service, Your breach of these Terms of Service, or Your violation of any law or the rights of a third party. Nothing in these Terms of Service must be deemed to exclude or limit Your liability in respect of any indemnity given by You under these Terms of Service.
Our failure to exercise any rights under these Terms of Service shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future. In the event that any provision of these Terms of Service is held to be invalid or unenforceable by a court or tribunal of competent jurisdiction for any reason, the remaining provisions of these Terms of Service will remain in full force and effect.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. BHGS DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO US FOR USE OF THE SERVICES OR CONTENT, OR TEN DOLLARS ($10), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO US, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
If you believe the Services or any of its content infringes Your copyright, please send a notice to us via email to: email@example.com
Please include all of the following in Your DMCA notice:
"I have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law. I represent that the information in this DMCA notice is accurate and under penalty of perjury, that I am the owner of the copyright or authorized to act on the copyright owner's behalf."