These Terms of Services(“ToS”) are applicable on your use of our (online) games and services, including the (online) functionality of multimedia products, applications, websites, servers, software and the framework through which these items are provided(“Services” or “Service”) currently provided or which will be provided by BlackMill Games B.V., or any one of its subsidiaries or affiliated companies. (hereinafter collectively referred to as “BlackMill Games” or “We”). “you” and “your” mean the user of the computer where the Service is provided/used and who therefore agrees to these terms.
Your remedy for dissatisfaction with the Service or any other material made available by BlackMill Games is to stop using such Service.
1. Limited Use License
If BlackMill Games deems that you have violated any of the terms of this ToS, all of your rights to use of the Service will be restricted to the fullest extent allowed by law, up to and including complete termination of those rights, without any further notification from BlackMill Games or anyone else. If your license is terminated, you will be obliged to immediately seize usage of the Service.
You may not use any of our Services for any commercial purposes without the prior written consent of BlackMill Games or its authorized licensees.
3. USAGE RESTRICTIONS
You agree to only use our Services in a way that is described in this agreement. You are not allowed to, without explicit permission:
- Reverse engineer, modify or disassemble the Service.
- Reproduce the produce/service.
- Sell, license, rent, lease, license, distribute or otherwise transfer this Product or any copies.
- Remove, disable or circumvent any security measures from the Service.
- Use the Service, or permit use of such Service, or make the Service available for situations where it could be downloaded or accessed by multiple users.
Any breach of this agreement can result in termination of the usage of the Service without notice and you may subject you to civil and criminal liability.
Furthermore, you agree that you shall abide by any documentation accompanying the Service.
4. Access Restrictions
Children under the age of sixteen can not use our Services without the permission of a parent or guardian. By using our Services, you guarantee us that you are older than sixteen or that a parent/guardian gave you the permission to accept.
5. Code of Conduct
Usage of our Services require you to adhere to rules set forward in this agreement
It is your responsibility to know, understand and abide by this Code of Conduct. You are also responsible for all activity tracing back to your account/data which is using the Service. The following rules are not meant to be exhaustive, and BlackMill Games reserves the right to determine which conduct it considers to be outside the spirit of the Service and to take such disciplinary measures as it sees fit up to and including termination and deletion of the Account or revoking access. BlackMill Games reserves the right to modify this Code of Conduct at any time.
You may be in violation of the Code of Conduct if while using our Services you:
- Post, transmit, promote, or distribute anything that violates any applicable law, regulation or treaty while using or accessing the Product.
- Attempt to transmit damaging programs and/or data that contain malicious software.
- Attempt to use tools or software designed to crash our Services.
- Disrupt normal Service functionality, or otherwise act in a manner that negatively affects other participants and/or the overall Service experience.
- Harass, embarrass , threaten or cause distress or discomfort upon another users or entities.
- Transmitting or communicating any content which is deemed offensive, including language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethically, or otherwise objectionable
- Participating in any action which including by scamming or social engineering
- Engage in “Griefing”(disruptive behavior towards other users).
- Impersonate any entity, including but not limited to BlackMill Games.
- Accessing or attempting to access areas of the Services that have not been made available to the public.
- Engage in any behaviors that are illegal, such as invading the privacy or violate or infringe any right of any person or entity including any intellectual property right.
- Post or transmit any unsolicited advertising or any other forms of solicitation.
- Sending repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages in a messaging/chat/forum areas managed by BlackMill Games or its licensors, including without limitation continuous advertisements to sell goods or services.
- Removing, altering or concealing any copyright, trademark, patent or other proprietary rights notice of BlackMill Games in any of our Services or the outcome thereof.
- Anything that BlackMill Games considers contrary to the the Services.
BlackMill Games has no obligation to monitor, approve, verify or screen the code of conduct. BlackMill Games reserves the right(but has no obligation) to apply penalties at any time for any reason or for no reason, with or without notice to you on violation of the Code of Conduct. Such penalties can include but is not limited to:
- Revoking/Suspend/Delete/Terminate (online)access to any of our Services or parts of the Services.
- Reporting your activities to potentially concerned parties
6. Virtual Goods & Virtual Currency
You have no ownership or other property interest in any of the Virtual Goods & Virtual Currency you unlock. Virtual Goods & Virtual Currency have no monetary value. You can’t obtain any refunds for purchasing Virtual Goods & Virtual Currency, except as expressly permitted by us.
We have the right to delete, alter, move, remove, or transfer any and all Service Content—including Virtual Goods & Virtual Currency—in whole or in part, at any time and for any reason or no reason, with or without notice to you, and with no liability of any kind to you.
We don’t provide or guarantee, and expressly disclaim, any value, cash or otherwise, attributed to any data residing on servers we operate or control, including any Services Content attributed to your account. The sale or transfer of your Virtual Goods & Virtual Currency may only be conducted via services approved of or provided by us, if any.
7. Cop1yright Notices
The copyrights, trademarks and other intellectual property rights related to the usage of our Services are property of BlackMill Games or its licensors, licensees or suppliers and is protected by Dutch copyright laws, international copyright treaties and conventions, and other laws. All rights are reserved. BlackMill Games and BlackMill Games’s licensors may protect their rights in the event of any violation of these terms.
8. Limitation of liability
BlackMill Games or any of its representatives shall never be liable to any damages that result from the usage or inability to use our Services. This also applies if the user has been informed of those possible damages.
BlackMill Games or any of its representatives shall never be liable to any personal injury or any wrongful act committed by you or any other user of the Services.
In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you for the used Services.
10. Changes in terms, pricing or Product
Changes in terms
- BlackMill Games can, at any time, change these terms on legal, safety or legislation reasons
- We expect from you to regularly check change or revisions in there terms since these terms are binding for you. Any usage of the Services after the terms changed implies acceptance of those terms.
Changes in pricing of Services
- BlackMill Games reserves its right to, at any time, change the prices of our Services and adjust the pricing to a free to use model.
Changes to Services and content
- BlackMill Games can change Services and Services’ content at any time, for any reason for updating purpose, maintenance or resets.
Usage of our Services is at your own risk. Our Services are provided ‘AS IS’ and we disclaim all other warranties. We can not guarantee that the functions from our Services meet your requirements.
Any information given by us or our representatives can not create a warranty. If your jurisdiction does not allow the exclusions mentioned it will not apply to you.
12. Jurisdiction and Applicable Law
These terms shall be construed under laws of the Netherlands, and you consent to the exclusive jurisdiction of the Dutch Courts. If any term of this ToS is not forceable by a court that term should still be enforce to the maximum extent possible. The remaining terms will remain in full effect.
You hereby agree to indemnify, hold harmless and defend BlackMill Games and affiliates from and against any claims, damages, losses, lawsuits, costs and liabilities that results from direct or indirect misuse of the Services offered by BlackMill Games B.V, violation of agreements such as this on or any infringement by you of any third party’s rights.
When using our Services we recommend you take measure to ensure your safety. It is is advisable to:
- Not use our Services when you are tired or sleep deprived
- Make sure you use our Services in a well lit room
- Take regular breaks
Some users can experience epileptic attacks when using our Services. Please consult your doctor before you make use of our Services.
Parents especially should pay close attention to their children using our Services. If they experience any of the behaviors such as: dizziness, visual problems, contraction of the eyes or muscles, disorientation, involuntary movements or spasms or temporary loss of consciousness, they should stop the usage of the Service immediately and you should consult a doctor
BlackMill Games does not warrant that the its Services are free of viruses or other harmful components.
The information contained in our Services is for general information purposes only. The information is provided by BlackMill Games and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
Through the Service you might be able to link to other content which are not under the control of BlackMill Games. We have no control over the nature, content and availability of that content. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the Services up and running smoothly. However, BlackMill Games takes no responsibility for, and will not be liable for, the Service being temporarily unavailable due to technical issues.
These terms can always be found at: https://www.blackmillgames.com/TOS
For any questions regarding these terms you can contact us at: [email protected]
BlackMill Games shall not be liable for any delay or failure to perform, including, any failure to perform hereunder due to unforeseen circumstances or cause beyond BlackMill Games’ control such as acts of god, war, terrorism, hacking, cyber-attacks, bomb-threats, data corruption/loss, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
BlackMill Games B.V.
Chamber of Commerce: 84047003