📃 End User License Agreement
🗓 Enactment Date: June 29, 2021
The terms and conditions within this Agreement pertain to the relationship between Bitty Bit Studios, Inc. and you, the end user.
Within this article, the apps and games we develop will be referred to as the “Games.” Personal pronouns such as “our,” “us,” and “we” refer to Bitty Bit Studios, Inc., and pronouns such as “you” and “your” refer to the players of our games. The End User License Agreement will be referred to as the “Agreement.”
It is important that you read and understand this Agreement prior to using our Games. Your action to download, access, or use in any way the Games or any content created or offered by the Games is your agreement that you have read, understand, and agree with the terms and conditions contained within this Agreement. Your usage of the Games is fully contingent on your agreement to these terms and conditions. If you disagree in any way to the terms and conditions presented herein, you forfeit your right to access the Games and you must immediately uninstall the Games from all devices you possess. Use of our Games is void where prohibited.
1. Agreement Modifications
The most recent revision of this Agreement will be available at bittybitstudios.com/end-user-license-agreement. We reserve the right to modify this Agreement periodically. We may choose do so for any reason, including, but not limited to, reasons that arise as our business continues to advance and evolve or for legal purposes. By agreeing to the terms and conditions herein and continuing to use our Games, you agree to accept all ongoing modifications to this Agreement. If you disagree with any modifications made to this Agreement, or if you disagree with our right to modify this agreement, then you forfeit your right to access the Games and you must immediately uninstall the Games from all devices you possess.
2. Usage of Our Services
• Any costs associated with the use of the Games, such as internet service charges and cellular service charges, are your responsibility.
• Any unauthorized use of the Games by children or minors is your responsibility.
• It is your responsibility to oversee any usage of your credit cards or any other forms of payment by children or minors in relation to the Games.
• You are generally responsible for any interactions with the Games through your devices and accounts. We assume that all activity from your accounts is coming from either you directly or someone you have knowledgeably permitted to use your accounts, and you are responsible as such.
• You are fully responsible for any consequences or losses which may result from the use of the Games through your accounts by any individuals, including purchases which you did not authorize.️
• You will not use the Games as a method to advertise commercially or solicit for any commercial purposes in any way to anyone.
When you use the Games, you operate within certain limitations which must not be violated. Violations of these limitations may make you liable for violations of law. By using the Games, you agree that:
• You will not act in a manner contrary to the intended nature and good intentions with which the Games were developed and operate.
• You will not misuse or abuse the Games.
• You will not exploit, cheat, hack, modify, or interfere with the Games.
• You will not use any peripheral software to automate or otherwise manipulate and change your interaction with the Games.
• You will not tamper with the data files belonging to the Games in any way that would modify them, unless instructed and permitted to do so with written permission directly from Bitty Bit Studios, Inc.
• You will not use social features of the Games to post objectionable content to others. Examples of objectionable content include, but are not limited to, threats, harassment, nudity, discrimination, racism, violence, any content that facilitates criminal activity, and other forms of toxic or offensive behavior, as well as links which lead to such types of objectionable content.
• You will not attempt to reverse engineer, disassemble, decode, or decompile any part of the Games to obtain source code or any other form of intellectual property belonging to Bitty Bit Studios, Inc.
• You will not post or share anything through your use of the Games which is a violation of intellectual property, trademark, copyright, or privacy.
• You will not attempt to impersonate any other users of the Games.
• You will not use the Games as the subject of gambling activities.
• You will not attempt to sell, lease, copy, or in any way profit from the Games.
• You will not attempt to circumvent or defeat any security measures relating to the operation of the Games.
• You will take any action to burden, disrupt, or otherwise interfere with the Games in any way that could damage the experience of other users of the Games. This includes taking advantage of exploits within the Games which affect your positions in social features in a way that wasn’t by design.
• You will not attack or participate in an attack that could disrupt the operations of any technical equipment facilitating the operation of the Games.
You acknowledge that you have no ownership claim in any of the content within the Games or content created from within the Games. Bitty Bit Studios, Inc., at its sole discretion, can choose to modify or terminate your accounts within the Games and prohibit you from the use of the Games if we decide that your conduct has violated any established rules herein or is not in line with the spirit of the terms and conditions contained within this Agreement, or for any other reason, or for no reason. Bitty Bit Studios, Inc. is not obligated to notify you when doing so.
3. Content Ownership and User Conduct
All content within and originating from the Games is protected by law of copyright. This content includes, but is not limited to, images, audio, visual effects, titles, computer code, text, game recordings, game data files, and any other elements that are part of the Games. All rights related to the content and intellectual property within and originating from the Games are reserved by Bitty Bit Studios, Inc. You agree to respect and obey all rules and notices related to copyrights, trademarks, and restrictions as they relate to the Games. As the rights to use the content within or originating from the Games are not owned by you, you will not modify, reproduce, distribute, copy, sell, license, publish, display, or use the content within or originating from the Games in any way that would exploit them for any reason without written consent from the owners of the content. You will also not use the content within or originating from the Games in any way that would violate the rights of others. You may not distribute, sell, publish, recreate, make changes to, display, create works derived from, or otherwise perform any action that would exploit the Games or any part of the Games in any way.
Some functions of the Games involve creating and exporting images to your devices or social media accounts. You understand that the content used in the construction these images is property of Bitty Bit Studios, Inc. You understand that by accessing the content within the Games and by exporting images created from content within the Games, Bitty Bit Studios, Inc. is given a perpetual, exclusive, global, irrevocable, transferable license to exploit said images, and related intellectual property, without paying royalties to you. Bitty Bit Studios, Inc. has the right to use, modify, alter, create works derived from, and otherwise exploit any of the content exported from the Games by you.
Any and all information that is posted publicly or otherwise exported by the Games is the responsibility of the person who posted or exported said information, and Bitty Bit Studios, Inc. is not liable for any problems, consequences, repercussions, or errors in said information. You will not harass, defame, impersonate, solicit to, abuse, threaten, or otherwise attempt to harm or damage others by the content exported or posted from the Games either by you directly or indirectly as a result of, or supported by, your actions, and Bitty Bit Studios, Inc. is not responsible for any consequences brought about by the content you share. Bitty Bit Studios, Inc. is not responsible for monitoring the content and information exported or posted from the Games for offensive or inappropriate content.
By using our Games, you might interact with other users in some capacity. You understand that Bitty Bit Studios, Inc. is incapable of providing a guarantee as to the identity or authenticity of any information available to you from other users of the Games. You understand and agree that any damages, losses, consequences, and repercussions resulting from your interaction with content or information available through the Games is entirely your responsibility.
If you have connected the Games to a social network, such as Facebook, you agree that you will allow other friends from that social network who also play the same Game to see within the Game your display name and profile picture from that social network. By playing the Game and allowing your device to connect to a social network or Google Play Games Services or Apple Game Center, you agree to allow your friends through the various connected networks see your scores and progress within the Game.
Ownership and rights to all content within the Games belong to Bitty Bit Studios, Inc. Outside of any provisions to the contrary expressed within this Agreement, you agree that you do not own and have no rights to any content within the Games, including, but not limited to, virtual currency, virtual goods, virtual items, and any other features available, earned, or purchased within or for use within the Games.
When you use the Games, you must abide by the laws applicable to your location. If you are prohibited from accessing our Games by law, you must abide by those restrictions.
• In-App Purchases
All in-app purchases within the Games are final and non-refundable when the transaction has completed. The virtual currencies, virtual goods, and virtual items you have purchased from Bitty Bit Studios, Inc., hereafter collectively referred to as “Virtual Purchased Assets,” have no monetary value and cannot be transferred, traded, or returned in any capacity. You agree to pay all costs, including tax and other fees, associated with Virtual Purchased Assets purchased through your account either by you or by anyone else using your account. You agree that you do not have ownership of the Virtual Purchased Assets. You are not permitted to obtain Virtual Purchased Assets for use in the Games from any source outside of in-app purchases, unless an exception is made with written consent from Bitty Bit Studios, Inc.
When you make an in-app purchase, the Virtual Purchased Assets are made available within the saved data stored locally on the device used during the purchase, and all risk of loss of the Virtual Purchased Assets for any reason is yours at that point forward. Bitty Bit Studios, Inc. does not store or have access to your saved data and cannot warranty the Virtual Purchased Assets. If your device is connected to iCloud or Google Play Games Services and you maintain an active internet connection, then it is possible, but not guaranteed, for your saved data to be synchronized with Apple’s or Google’s servers and this can more reliably enable you to switch devices while maintaining access to your progress and Virtual Purchased Assets within the Games; however, these saved data synchronization operations are performed in a manner that is separate and inaccessible by Bitty Bit Studios, Inc. and we cannot assist you with and are not responsible for any losses that occur as a result or byproduct of problems with the cloud synchronization services, loss of internet connection, or any other related issues.
In-app purchases may be subject to the terms of service and other user agreements from the providers of your device’s platform.
4. Consequences of Breaching This Agreement
If we determine that you have breached the terms and conditions of this agreement in any way, we reserve the right to suspend your access to our Games without requirement to notify you. If we experience any losses, claims, harm, or expenses as a result of your breach of this agreement, you agree that you will compensate us to the full extent of the law.
5. Games Availability
Our Games and the services they rely upon are available to an extent that meets legally-required standards. We cannot and do not guarantee that the Games and related services will be available at all times or will always be without error. Technological limitations, internet service interruptions, and other external factors might contribute to occasional interruptions to the availability of the Games and related services. We reserve the right to update any part or all of our Games and related services at any time in any way without the need to notify you, so long as the changes we make will not degrade the in-Game value of your Virtual Purchased Assets. We reserve the right to terminate the Games and related services in whole or in part at any time without notice to you. Any Virtual Purchased Goods you have already obtained on your device are not reliant on the Games and related services for consumption and will continue to function normally within their respective Games.
6. Warranty and Liability
Bitty Bit Studios, Inc. has no special obligations to you and no obligations to restrict who accesses the Games or what content within the Games is accessible. Bitty Bit Studios, Inc. cannot determine or control your interpretation of the content within the Games, how that content could affect you, or what you will do as a result of your interpretation of the content within the Games. You agree that Bitty Bit Studios, Inc. will not be held liable for your ability or inability to access content within the Games and any consequences that result from your interactions with the Games. The Games are provided on an “as is” basis and do not come with any warranties, express or implied. Bitty Bit Studios, Inc. does not warrant that the Games and related services will be provided without interruptions, that the Games and related services will always be provided without errors, or that the Games and related services will not contain content that might result in the introduction of malware.
As some locales prohibit certain warranty exclusions, some disclaimers shown above might not be applicable to you.
You agree that Bitty Bit Studios, Inc., its employees, and its affiliates have indemnity and will be held harmless against any disputes, claims, and costs that are associated in any way with your interactions with the Games, your breaches of this Agreement, or any violation of intellectual property or the rights of others by you or anyone else using your account.
• Limitation of Liability
You agree that Bitty Bit Studios, Inc., its employees, and its affiliates will not be held liable for any damages of any kind resulting from your interaction with the Games, the improper functioning of the Games, or improper use of the Games. Such damages include, but are not limited to, hardware failure, loss of reputation, and, to the extent the law permits, personal injuries. Bitty Bit Studios, Inc., its employees, and its affiliates will not be held liable for these damages even if we have previously been made aware of the possibility of their occurrence. Under no circumstances will our liability amount to more than the money you spent, if any, for your license to use the Virtual Purchased Assets or any other content within our Games.
As some locales do not permit the exclusion or limitation of damage liability, some of the limitations shown above might not be applicable to you.
• Websites and Services from Third Parties
Any references within the Games to websites or services offered by companies other than Bitty Bit Software, Inc. could lead you to interact with services that are not within our control. When you interact with websites and services controlled by third parties, you bear all associated risk from those interactions and must abide by the policies and agreements set forth by those websites and services. Bitty Bit Studios, Inc. is not responsible for any content of any kind available on any websites or services controlled by third parties. You understand and agree that Bitty Bit Studios, Inc. cannot be held liable for any disputes or claims brought about by your interaction with websites and services controlled by third parties.
7. Conditions for Termination
This agreement continues to be in full effect while you continue to use the Games. If you wish to stop using the Games, you can do so at any point by uninstalling the Games from all of your devices. Bitty Bit Studios, Inc. reserves the right to terminate your access to the Games and related services at any point according to its own discretion for any reason, or without reason, and without an obligation to notify you of the termination. Upon the termination of your access to the Games, you will lose all rights to use the Games. Sections 3 and 6 will survive this termination.
8. Resolving Disputes / Agreement for Arbitration
This section of the Agreement applies to you if you are a United States resident.
• Informal Resolution
Most issues that arise can be resolved with Bitty Bit Studios, Inc. by contacting us directly. Prior to your right to initiate an arbitration, you are required to attempt to resolve any dispute informally with Bitty Bit Studios, Inc. for a minimum of thirty (30) days. This 30-day informal resolution period will begin when you provide a written notice detailing your dispute to Bitty Bit Studios, Inc. via BittyBitStudiosLegal@outlook.com.
• Arbitration Procedure
Aside from certain exceptions described below, you and we agree that all disputes will reach their final resolution via individual arbitration, and not within the context of a consolidated, representative, or class action. If a claim either by you against Bitty Bit Studios, Inc. or by Bitty Bit Studios, Inc. against you is pursued through court and it qualifies for resolution by arbitration as per this section of the Agreement, then either you or Bitty Bit Studios, Inc. can request that the court order the claim to be resolved by arbitration. During this arbitration process, the arbitrator has the right to decide how the dispute resolution procedure applies to the arbitration of the dispute, whether or not it is valid, and how it applies to the dispute in question.
The arbitrator will be sole judge over the resolution of the arbitrated dispute. You and Bitty Bit Studios, Inc. recognize and agree that this Agreement will be enforced and interpreted in accordance with the U.S. Federal Arbitration Act, and you and we forfeit the right to pursue the dispute in question via a trial in court. The results from the decision of the arbitrator are final as they pertain to the resolution of the dispute. You and Bitty Bit Studios, Inc. have the right to request a written record showing the details of the decision, including specifics about what was awarded to whom and the reasoning supporting the decision. If you or we wish to transfer the arbitrator’s decision into a court judgment, you and we have the right to request that a court confirm or enter said arbitrator’s decision. These provisions for arbitration will survive the termination of this Agreement.
Exceptions to this arbitration mandate are as follows:
• Claims handled by small claims court
• Intellectual property violations, such as misuse of trade secrets or infringements on our copyrights or trademarks
• Claims that cannot be arbitrated because of established law
Arbitration proceedings will be handled by the American Arbitration Association, or “AAA,” as per the Consumer Arbitration Rules effective as of that time, unless stated otherwise within this Agreement. These rules are available online at adr.org/consumer. For either you or Bitty Bit Studios, Inc. to initiate arbitration, a “Demand for Arbitration” must be written and submitted to the American Arbitration Association with a notice given also to the defending party, as per the AAA rules. The arbitrator can be selected by joint agreement between you and Bitty Bit Studios, Inc. However, in the event that no arbitrator has been selected within (7) days of the initiation of arbitration, the American Arbitration Association will select an arbitrator. Unless you and Bitty Bit Studios, Inc. agree to a specific location, the hearing for arbitration will be held within the county of the party that initiated the arbitration.
• Class Action Waiver
All claims made either by you against Bitty Bit Studios, Inc. or vice verse must be handled in the capacity of an individual, and not as a member of any class or representative of a consolidated group. If a dispute is resolved through arbitration procedure, the claims of multiple people or across multiple cases cannot be combined together and the arbitrator may not handle a case within the context of a consolidated, representative, or class action. This Arbitration Procedure section within this Agreement will be considered null and void in the event that the provisions in this paragraph are determined to be unenforceable.
• Option to Opt-Out of Class Action Waiver and Agreement for Arbitration
You have the right to opt out of the agreement to arbitrate disputes and the requirement to avoid class actions by providing a written notice of such intent to BittyBitStudiosLegal@outlook.com within thirty (30) days of the first time you have entered into this Agreement or initiated a dispute, whichever is sooner. The email must use the subject line “OPT-OUT OF CLASS ACTION WAIVER AND AGREEMENT FOR ARBITRATION”. Opting out of these provisions will also release Bitty Bit Studios, Inc. from their restrictions as it relates to dispute proceedings related to you. If you do not email an opt-out notice as described above within thirty (30) days of entering into this Agreement or initiating a dispute, whichever is sooner, then you must abide by the terms and conditions relating the the handling of disputes as written within this Agreement.
• Law and Venue
The Arbitration Procedure detailed within this Agreement will be interpreted and enforced in accordance with the United States Federal Arbitration Act and the laws of the State of New York with no regard to its provisions for conflict of law. You understand and agree that non-arbitrated disputes will be held within state and federal courts in Albany County, New York.
Aside from what was stated in the paragraphs within this section, if a court of competent jurisdiction or arbitrator determines that any portion within this Agreement is not enforceable or is not valid, the rest of the content within this Agreement will remain valid and maintain its effect.
9. General Provisions
• Force Majeure
If a delay in response or proceedings or a failure to perform arises as a result of causes or circumstances that are beyond what is within the reasonable control of Bitty Bit Studios, Inc., including, but not limited to, riots, war, accidents, natural disasters, or other events which could make it inadvisable, commercially impracticable, illegal, or impossible to perform, then Bitty Bit Studios, Inc. cannot be held responsible for said failure to perform.
• Miscellaneous Clauses
If you or Bitty Bit Studios, Inc. in any way fail to exercise a right contained within this Agreement, that failure does not invalidate or diminish your or our rights or ability to choose to exercise those rights. Any waiver of any right within this agreement would only be relevant and honorable if it was written and signed by an appointed and authorized member of Bitty Bit Studio, Inc. Unless detailed as such within this Agreement, the action by you or Bitty Bit Studios, Inc. to exercise any right within this Agreement will not change, preclude, or alter the relevance of other rights available within this Agreement. If any circumstances lead to any portion of this Agreement being determined to be invalid or incapable of being enforced, the affected provisions will be made irrelevant only to the minimal extent necessary to conform to the elimination of said affected provisions, with all remaining provisions within the Agreement retaining full relevance and effect as applicable for the situation.
You cannot transfer your rights, provisions, or obligations within this Agreement to anyone else without written consent from Bitty Bit Studios, Inc. Conversely, Bitty Bit Studios, Inc. can transfer its rights, provisions, or obligations within this Agreement to any other person or entity without your consent.
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