Terms and Conditions
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.bluecandlegames.com website (“Website”), games that are made available by Blue Candle Games, Inc.(“Game or Games”), and any related services (together with the Website and Games, the "Services") operated by Blue Candle Games, Inc. ("us", "we", or "our").
You acknowledge that all copyrights, trademarks, and other intellectual property present in the Services is either owned by us or licensed for our use. We grant you a non-exclusive, non-transferable, personal, revocable limited license to access and use our Services, when legally obtained, for your own private, personal use only. You may not copy, redistribute, modify, or publish any material from our Services, unless the material in question is licensed by another party, in which case the specific license for this specific material applies, or if we provide our expressed permission to allow you to do so.
We exclude liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, punitive or consequential loss whether or not such arises out of any problem you notify to us and we shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
1) any incorrect or inaccurate information on Services and all interruptions to or delays in updating the Services;
2) the infringement by any person of any intellectual property rights of any third party caused by their use of our Services;
3) any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading web site, or from transmissions via emails or attachments received by us or our licensees;
4) the availability, quality, content or nature of the other sites on the internet that are owned and operated by third parties (”External Sites”) to which our Services link and web sites located on or through any External Site nor for any transactions involving External Sites (including 'cookies', personal data, confidential information, or purchases of domain names or other services). You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links, web sites or transactions;
5) all representations, warranties, conditions and other terms which but for these Terms and Conditions notice would have effect.
Access and Use of Services
The charge for any purchase of our Services shall be stated at the time of order placement, except in the case of obvious error, and will include sales tax and all other applicable charges. We are not responsible for any additional charges made by your bank. You are responsible for the internet connection and/or mobile charges that you may incur for using our Services.
Upon the completion of a successful payment transaction, your purchase will be fulfilled to you as soon as possible.
We have the right to withdraw or modify our Services (in whole or in part) without liability to you from time to time:
1) for technical reasons (such as technical difficulties experienced by us or on the internet);
2) to allow us to improve user experience;
3) where we have legal reasons for doing so (including privacy or other legal objections to the content or conduct of our Services);
4) because it no longer makes business sense for us to provide the relevant Game or part of our Services; or
5) because we have altered the services we provide.
There may also be times when our Services or any part of our Services is not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
Our Services may include virtual currencies such as coins, items, or services that may be purchased for use within our Services (“Virtual Goods”). Purchasing Virtual Goods does not grant ownership. Rather, it grants a limited, personal, revocable limited license to use them.
You may buy Virtual Money or Virtual Goods from us for real money if you are at least 18 years old. You agree that Virtual Money and Virtual Goods can never be exchanged for real money, real goods or real services from us or anyone else. You also agree that you will only obtain Virtual Money and/or Virtual Goods from us, and not from any third party.
All sales by us to you of Virtual Goods or Virtual money is final. We reserve the right to control, regulate, change or remove any Virtual Money or Virtual Goods without any liability to you. We are not obligated to refund any purchase of Virtual Goods or Virtual Money for any reason. We may refund certain purchases of Virtual Goods or Virtual Money on a case-specific basis if we feel ethically inclined to do so, depending on the circumstances. Please contact us if you wish to have us review your case, and we will get back to you as soon as we can.
We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Links To Other Web Sites
Our Services may contain links to third-party web sites or services that are not owned or controlled by Blue Candle Games, Inc.. Blue Candle Games, Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Blue Candle Games, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We are not responsible for:
1) losses or harm not caused by our breach of these terms or negligence;
2) losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these terms and conditions including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss;
3) losses or harm suffered as a result of use or misuse of any information or content within our Services;
3) any increase in loss or damage resulting from breach by you of any of these terms and conditions;
4) technical failures or the lack of availability of our Services where these are not within our reasonable control; or
5) interruptions or errors that you may experience while accessing our Services.
Any additional legal rights which you may have as a consumer remain unaffected by these terms.
You agree to indemnify, defend, and hold harmless Blue Candle Games, Inc., its subsidiaries and affiliates, and the officers, directors, employees, and agents of Blue Candle Games, Inc. and its subsidiaries and affiliates, from and against any and all claims, liabilities, damages, losses, or expenses, including legal fees and costs, arising out of or in any way connected with your access to or use of the Services.
These Terms shall be governed and construed in accordance with the laws of the United States of America, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have between us regarding the Services. Changes We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide some notice prior to any new terms taking effect, but such notice is not obligatory. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.
If you have any questions about these Terms, please contact us at:
Personal identification information
We may collect personal identification information from Users in a variety of ways in connection with activities, services, features or resources we make available through our Services. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Services. Non-personal identification information may include the browser name, the type of machine being used to access our Services, and technical information about Users means of connection to our Services, such as the operating system and the Internet service providers utilized and other similar information.
Automatically Collected Information
Our Services may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, your country of use, and information about the way you use our Services. Our Services do not collect precise information about the location of your mobile device.
Do third parties see and/or have access to information obtained by the Services?
Yes. We will share your information with third parties only in the ways that are described in this privacy statement.
We may disclose User Provided and Automatically Collected Information:
1) as required by law, such as to comply with a subpoena, or similar legal process;
2) when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
3) with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement; and/or
4) to advertisers and third party advertising networks and analytics companies as described in the section below.
Automatic Data Collection and Advertising
We may work with analytics companies to help us understand how our Services are being used, such as the frequency and duration of usage. We work with advertisers and third party advertising networks, who need to know how you interact with advertising provided in our Services which helps us keep the cost of our Services low. Advertisers and advertising networks use some of the information collected by the Services, including, but not limited to, the unique identification ID of your mobile device and your mobile telephone number. These third parties may also obtain anonymous information about other applications you’ve downloaded to your mobile device, the mobile websites you visit, your non-precise location information (e.g., your zip code), and other non- precise location information in order to help analyze and serve anonymous targeted advertising on the Services and elsewhere. We may also share encrypted versions of information you have provided in order to enable our partners to append other available information about you for analysis or advertising related use.
If you’d like to opt-out from third party use of this type of information to help serve targeted advertising, please visit the section immediately following this one entitled, "What are my opt-out rights?".
What are my opt-out rights?
Opt-out of all information collection by discontinuing use of our Services, and uninstalling the relevant application associated with our Services from your device. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
Data Retention Policy, Managing Your Information
We will retain User Provided data for as long as you use our Services, and for a reasonable time thereafter.
We do not use our Services to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at firstname.lastname@example.org. We will delete such information from our files within a reasonable amount of time.
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How we use collected information
Blue Candle Games, Inc. may collect and use Users personal information for the following purposes:
- To personalize user experience
We may use information in the aggregate to understand how our Users use our Services.
- To improve our Services
We may use feedback you provide to improve our products and services.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored. Please be aware that, although we endeavor provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
Third party websites
Users may find advertising or other content on our Services that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Services, is subject to that website's own terms and policies.
Your acceptance of these terms
By using our Services, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Services. Your continued use of our Services following the posting of changes to this policy will be deemed your acceptance of those changes.
This document (the "Terms and Conditions") was last updated on December 23rd, 2016