TERMS OF SERVICE

YOUR ACCEPTANCE OF THE TERMS OF USE

 

THIS DOCUMENT (“TERMS OF USE”) IS A LEGAL AGREEMENT BETWEEN YOU AND BABLOON STUDIOS AB (HEREINAFTER “Babloon”), A SWEDISH  CORPORATION, AND GOVERNS YOUR USE OF BABLOON's GAMES (HEREINAFTER “Games”). 

PLEASE NOTE THAT BY USING OUR GAMES, YOU AGREE TO ABIDE THE TERMS AND A LEGALLY BINDING AGREEMENT IS CREATED BETWEEN BABLOON AND YOU (HEREINAFTER "YOU"). BABLOON OWNS ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THE GAMES AND THE SERVICES, AND PERMITS YOU TO USE THE GAMES AND THE SERVICES ONLY IN ACCORDANCE WITH THESE TERMS. YOUR USE OF THE GAMES CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT USE BABLOON's GAMES.

 

PURPOSE

 

The purpose and intent of Babloon games is to provide you interactive entertainment and/or services.

 

USE OF INFORMATION AND MATERIALS

 

The information and materials contained in the Games and the terms, conditions, and descriptions that appear, are subject to change. Unauthorized use of the Games including but not limited to unauthorized entry into the system or misuse of any information posted in the Games or chat functions etc. is strictly prohibited. You must have Internet access to access some of the features of our Games.

 

THIRD PARTY NETWORK

 

To use Chat functionality in our games you have to establish a Facebook account and if you wish to back your save files to the cloud using Google or iCloud You may establish an account in which case You will have an additional relationship with such third parties.

 

APP CONTENT AND SERVICES

 

Babloon reserves the right to add, modify, or delete its services, products and any information in the Games at any time. Babloon makes no representation or warranty as to the completeness or accuracy of the services and information contained on the Games, nor does it represent or warrant that the services offered or advertised in or to the Games will be available at all times. The information contained in the Games may be incomplete, may contain errors, or become out of date at any time. Babloon makes no commitment and expressly disclaims any duty to update any of the content on the Games.

 

PAYMENT

 

Payment methods accepted by Babloon are as per those payment methods provided by the relevant Platform provider, such as Apple, Google, Facebook or similar within the Game at the point of sale.

 

FEES AND PAYMENT TERMS

 

You may through our games purchase additional services. You are informed of the fees and payment terms during the registration process. The current fees and payment terms will be displayed and may be viewed within the Games. Babloon may amend the fees and payment terms at any time. If your use of the Games is subject to any type of applicable taxes, then Babloon may also charge you for any such taxes, in addition to the fees. All fees are payable in advance and are not refundable in whole or in part. If You did not receive purchased item you can either ask Google/Apple for a refund or contact Babloon with an explanation what occured and Babloon will take the decision if a refund is applicable.

 

ACCESS

 

Upon downloading the App on App Store, Google Play etc. and payment of any purchases made and subject to compliance by you with the terms contained here Babloon shall provide you with access to the Games and its services.

 

YOUR USE OF THE GAMES

When you can use our Games:
In order to obtain a right to play our Games and purchase virtual items (“Virtual Items”) you represent that;
– You own the device you are using to access and play each Game and, if you purchase Virtual Items, that you are legally entitled to make such purchases using the payment functionality that is provided in a Game.
– You are not located in a country that is subject to a US Government embargo or has been designated by the US Government as a ‘terrorist supporting’ country; and you are not listed on any US Government list of prohibited or restricted parties.
– The information you provide to us is true and accurate and you will update such information when necessary.
– You have not previously been banned or blocked from using either any Game or any Platform.
– If you download any Game from a Platform you must have a valid account with a Platform (the “Platform Account”)
– You will not;
    – Copy, sublet, lease license, loan, lend, sell, trade or otherwise deal with or exploit the Games or any Virtual Items.
    – Use the Games or any Virtual Items for any illegal activities;
    – Use the Games or any Virtual Items to disseminate any information or materials that are obscene, violent, threatening, libelous, discriminatory or otherwise, in Babloon’s opinion, offensive;
    – Use the Games or any Virtual Items to disseminate any information or materials that would infringe, or might infringe, any intellectual property rights, including those of Babloon.

 

You agree to abide by all applicable laws and regulations in using the Games. You expressly agree that you shall not:

- Use the Games for any illegal purpose;

- Use the Games in any manner which violates the rights of a third party, including without limitation intellectual property rights; or

- Use the Games in any manner that breaches the terms and conditions of the Terms of Use.

 

SPECIFCALLY RESTRICTED CONDUCT

 

Your continued access to the Games and use the services is subject to proper conduct. Without limiting Babloon's rights to control the Games and its environment, and the conduct of the players within that environment, Babloon prohibits the following practices that Babloon has determined detract from the overall user experience of the users of the Games:  You may not take any action that imposes an unreasonable or disproportionately large load on the Games. You may not use your own or third-party software to modify any content appearing within the Games and its environment or change how the Games are used. You may not use macros or other stored rapid keystrokes or other patterns of play that facilitate acquisition of items, currency, objects, character attributes, rank or status at an accelerated rate when compared with ordinary gameplay. You may not rewrite or modify the user interface or otherwise manipulate data in any way to acquire items, currency, objects, character attributes or beneficial actions not actually acquired or achieved in the Games. You may not use our games, or any information accessible through the Games, to bypass the Games login architecture or create or provide any other means through which the Games may be accessed and/or the Games may be used by others, as, for example, through server emulators. You may not engage in any conduct that results in an Account containing items, objects, currency, character attributes, rank, or status that are inappropriate for the level or rank of the character contained in the Account, including without limitation arranging, making or accepting transfers of items to a character without adequate consideration, thereby augmenting or aggregating items in an Account and increasing its value for an Account sale.

 

LINKS TO OTHER APPS

 

The Games may contain links to other Apps. Babloon does not review or evaluate all of the Games linked to the Games and is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content on these Apps, nor is it responsible for the advertising, products, or other materials that appear on or are offered by such Apps. You should carefully review the respective conditions of use for each of these Apps. Under no circumstances shall Babloon be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of or reliance on any content, goods, or services available on such Apps.

 

INDEMNIFICATION

 

Your use of the Games constitutes your agreement to defend, indemnify, and hold harmless Babloon, its parents and affiliates, and their respective employees, contractors, officers, and directors, from and against any actions, claims, demands, liability and expenses, including reasonable attorneys’ fees, arising out of your use or misuse of the Games or the use or misuse of the Games by a third party using your account.

 

TERMINATION

 

These Terms of Use are effective until terminated. You agree that Babloon may terminate your log in access to the Games, including your user name and password, at any time for any reason without prior notice or liability. Babloon may change, suspend, or discontinue all or any aspect of the Games at any time, including the availability of any feature, without prior notice or liability. Babloon may, in its sole discretion, cease to provide any or all of the services offered in connection with the Games, terminate the Terms of Use, close all Accounts and cancel all of the rights granted to you under the Terms of Use. Babloon may communicate such termination to you upon 10 days notice in any of the following manners: (i) when you log into your Account; (ii) in a notice in the App; (iii) via electronic mail; or (iv) in another manner that Babloon deems suitable to inform you of the termination. If Babloon terminates the services, you will not receive a refund of any prepaid fees. You may terminate the Terms of Use with regard to any or all of your Accounts at any time, upon notice to Babloon via electronic mail. You will not receive a refund of prepaid fees in the event of such termination.

 

DISCLAIMERS AND LIMITATIONS ON LIABILITY

 

THE GAMES IS PROVIDED BY BABLOON ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BABLOON DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

 

WITHOUT LIMITING THE FOREGOING, BABLOON MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF APP, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE APP, INCLUDING ANY SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR PRODUCTS PROVIDED THROUGH THE GAMES; OR (IV) THAT THE  GAMES, PRODUCTS OR SERVICES PURCHASED THROUGH THE GAMES, BABLOON’s SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF BABLOON, ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.

 

THE OPERATION OF THE APP MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF BABLOON, AND UNDER NO CIRCUMSTANCES SHALL BABLOON, ITS PARENTS AND/OR AFFILIATES (COLLECTIVELY “BABLOON” FOR PURPOSES OF THE REMAINDER OF THIS SECTION AND THE FOLLOWING SECTION BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE GAMES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE APP OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, BLOGS, CHATS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM FORCE MAJEURE, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO BABLOON's RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE GAMES. BABLOON TAKES NO RESPONSIBILITY FOR THE ACCURACY, SAFE DELIVERIES, FUNCTIONALITY OF SMS/TEXTING SERVISES ETC.

 

UNDER NO CIRCUMSTANCES SHALL BABLOON BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE APP OR THE PURCHASE OF ANY PRODUCT OR SERVICES THEREFROM, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE JURISDICTIONS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

 

SPECIAL DISCLAIMER AND LIMITATION OF LIABILITY FOR PRODUCTS AND SERVCICES

 

WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY AGREE THAT BABLOON SHALL HAVE NO LIABILITY WHATSOEVER FOR THE PERFORMANCE OF THE GAMES AND ANY PRODUCT OR SERVICE YOU PURCHASE THROUGH THE APP (SUCH PRODUCTS AND SERVICES ARE REFERRED TO AS, FOR PURPOSES OF THIS SECTION, “PRODUCT” OR “SERVICES”).

 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USES OF THE  GAMES AND ANY PRODUCTS AND SERVICES ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAMES, ANY PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BABLOON HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GAMES, ANY PRODUCTS AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. BABLOON DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP AND ANY PRODUCTS AND SERVICE, THAT THE FUNCTIONS CONTAINED IN THE GAMES AND ANY PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GAMES AND ANY PRODUCTS AND SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE, OR THAT DEFECTS IN THE GAMES AND ANY PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BABLOON OR A BABLOON AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE GAMES AND ANY PRODUCTS OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IF NEEDED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU IN PART OR WHOLE.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BABLOON BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF THE POSSESSION OF, USE OF OR INABILITY TO USE THE GAMES AND ANY PRODUCTS OR SERVICES OR DEFECT IN OR CAUSED BY THE GAMES AND ANY PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY OF YOUR SMART PHONE, COMPUTER, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, BABLOON's ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAMES AND ANY PRODUCTS AND SERVICES DURING THE CALENDAR YEAR WHEN THE CLAIM IS MADE, OR REPLACEMENT OF GAMES AND ANY PRODUCTS AND SERVICES WITH A PRODUCT OR SERVICE OF COMPARABLE RETAIL VALUE, AS BABLOON MAY ELECT IN ITS SOLE DISCRETION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN PART OR WHOLE.

 

SEIZURE WARNING 

 

In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain light patterns or backgrounds on a video monitor may induce an epileptic seizure, even in persons who have no history of prior seizures or epilepsy. Babloon takes no responsibility for such effects and end results and the under is playing the game and using the services on his/her own risk.

 

END-USER LICENSE AGREEMENT

 

You acknowledge and agree to abide by the terms and conditions of any end-user license agreement that might accompany any product or service you purchase through the Games.

 

TRADEMARK AND SERVICE MARKS

 

The names, logos, characters, brands and product and services names appearing in the Games are trademarks/service marks or registered trademarks/service marks of Babloon or third parties (the respective holders). The use of any such trademark or service mark without express written consent of the respective holder is strictly prohibited.

 

INTELLECTUAL PROPERTY

 

You acknowledge and agree that all content, design elements, and materials available in the Games (collectively “Materials”) are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Babloon and its licensors retain all right, title and interest in and to the Materials. You may not copy, reproduce, modify, republish, upload, post, transmit or distribute any Materials in any form or for any means without Babloon's prior written permission. In addition, you may not sell, license, rent, perform, display, create derivative works from, or in any way exploit such Materials.  You agree not to disassemble, decompile or reverse engineer any software or other component of the Materials or the Games. By using the Games, the Users may create certain content such as characters, communications, in-game locations or user names (“User Content”). Any such User Content created by the User is part of the Games and is created by normal use of the Games. Any right and title to such User Content shall remain vested with Babloon and the Users have non-exclusive, non-transferable, limited, fully revocable license to use the User Content as part of the Games only, in accordance with these Terms. You agree that you do not own the Account you use to access the Games, nor do you own any data stored on Babloon's servers (including without limitation any User Content). Your intellectual property rights do not confer any rights of access to the Games or any rights to data stored by or on behalf of Babloon. The entire Content is regarded as collective work and Babloon owns a copyright in the selection, coordination, arrangement and enhancement of such Content, as well as in the User Content.

 

ELECTRONIC COMMUNICATIONS

 

When you use the Games or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We will communicate with you by e-mail or by posting notices in the App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

APPLICABLE LAW; Jurisdiction

 

The Terms of Use is governed by and construed in accordance with the laws of Sweden, excluding conflict of interest laws. You agree to submit to the personal jurisdiction of the district court of Skövde (Skövde Tingsrätt), Sweden as first venue for any cause of action arising out of or relating to the Games, the products and services purchased or the Terms of Use.

 

SEVERABILITY

 

If for any reason any provision of the Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

 

MODIFICATION

 

Babloon reserve the right, at our discretion, to update or revise the Terms of Use at any time. We will post such changes on the website, and these additional or revised terms will become part of the Terms of Use. Please check this Terms of Use document periodically for changes. Your continued use of the App constitutes your binding acceptance of the Terms of Use, including any changes or modifications made by Babloon as permitted above.

ACCEPTANCE OF THESE TERMS

If you have a Platform Account and download a Game from a Platform or if you participate in a Game via browser, site or any other platform you are deemed to accept and agree to these Terms. If you do not agree to these Terms, do not download, play and/or otherwise participate in a Game as it is prohibited without accepting the Terms You acknowledge that these Terms apply from the date on which you first download one of our Games, apply to your use of any of our Games and to all Virtual Items and form a legally binding contract between you and Babloon. Babloon is solely responsible to you for the Games and their content, not the Platform provider. Babloon may change these Terms at any time without notice. If you do not agree to the changes in the Terms, you must stop using the Games. Your continued use of the Games is deemed as indication of your acceptance of such changes in the Terms.

SPECIAL TERMS

The Platform provider’s terms and conditions also apply to your use of the Games and your purchase of Virtual Items (the “Platform Terms”). If there is any conflict between these Terms and the Platform Terms, the Platform Terms shall prevail to the extent the conflict relates to use of the Platform. In addition to the Platform Terms, further special terms and conditions also apply to your use of our Games, depending on how you access them. For example, if you access Games through Facebook using its “Facebook Connect” functionality, Facebook’s terms of service may apply. Also, from time to time we, or one of our business partners or another third party, may operate a competition or promotion that is subject to additional further terms. Each of these are “Special Terms”. If there is any conflict between these Terms and the Special Terms, the Special Terms shall prevail.

GRANT OF A LICENSE

In consideration of your agreement to be bound by these Terms, Babloon grants you a non-exclusive, non-transferable, non-sublicensable, revocable license permitting you to play our Games for your personal, non-commercial, entertainment purposes. You must not try to hack or otherwise try to gain unauthorized access to any Game or software. Babloon owns (or has a license to use) all rights, title and interest, including without limitation any intellectual property rights) in and to the Games (including all copyrights in the underlying software code and in the visual artwork and graphics as well as musical composition and audio-visual effects and all trade mark rights in the Games’ titles, but excluding any User Content). By using our Games under license you do not acquire any intellectual property rights in our Games.

USER CONTENT

Any data, text, graphics, photographs and other materials uploaded to or otherwise made available in the Games by you or other users (the “User Content”) is the sole responsibility of the person from whom such User Content originated. Babloon does not guarantee the accuracy, quality or integrity of any User Content posted via the Games. You agree that Babloon will not be liable for any User Content, including but not limited to errors in any User Content or any loss or damage incurred by use of the User Content.

You represent and warrant that the User Content you transmit or submit is original to you and that you exclusively own all rights, title and interest, including without limitation intellectual property rights, to such content, including the right to grant all rights and licenses in these Terms without Babloon incurring any third party obligations or liability arising out of its exercise of such rights and licenses.

You hereby grant to Babloon a worldwide, irrevocable, perpetual, non-exclusive, transferable, fully paid-up and royalty-free license (with the right to sublicense) to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit the User Content you transmit or submit and all derivative works. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in the User Content. The User Content is not confidential and will not be returned to the user.

Babloon reserves the right to, in its sole discretion, remove and/or permanently delete any User Content from the Games.

VIRTUAL ITEMS

Virtual Items can be “purchased” or “earned” in our Games. There are two types of Virtual Items available:

“virtual currency” means currency that you cannot physically touch such as virtual coins, tickets, clues or other form of virtual currencies and that can be used within Games to purchase “virtual goods”; and
“virtual goods” means anything virtual which can be used by you within a Game to enhance your player experience and might include access to particular features, shortcuts, the use of a specific tool or equipment with special powers, enhancement of your game status or the ability to move up a level or to complete a Game more quickly.

PURCHASING OR EARNING VIRTUAL ITEMS

Babloon offers you the opportunity to either purchase Virtual Items within the Game for ‘real’ money, earn Virtual Items as part of Babloon’s or third parties’ promotional offers, competitions or actions or earn Virtual Items through participating in the Game itself.

LICENSE TO VIRTUAL ITEMS

Your use of Virtual Items is subject to the following license:
– Virtual Items are not redeemable or refundable. Once you have purchased Virtual Items you will not get the ‘real’ money you paid back as Virtual Items have no monetary value. Any virtual currency balance shown in your Platform Account does not constitute a real-world balance or reflect any stored value, but measures the extent of your limited license to use Virtual Items within the Games.
– Virtual Items are personal to you and non-transferable. This means that only you can use your Virtual Items and you cannot permit anyone else to use them whether via your Platform Account or otherwise. You cannot trade your Virtual Items in any way whether by selling them for real money to other players, exchanging them for other items or dealing or disposing of them in any other way (with the exception of any in-game Virtual Item auction/transfer function that Babloon may elect to offer)
– Your right to use Virtual Items ends as a result of the Platform provider having to suspend or close your Platform Account pursuant to these Terms
– Your right to use Virtual Items expires 5 year after date of purchase unless Babloon decides, in its sole discretion, to provide you with a refund or applicable law entitles you to a refund for any unused virtual currency.

PRICE

The price payable by you for Virtual Items (the “Price”) is indicated within the applicable Game at the time you make your purchase. If you are resident in the European Union, the Price includes any applicable value added or similar sales tax. Babloon reserves the right to change the Price and specifications for any Virtual Items at any time for any reason.

ERRORS

Babloon uses reasonable efforts to ensure that errors and mistakes do not occur in the Games in relation to pricing and your purchase and use of the Games or Virtual Items. However;

– Babloon reserves the right to void any such obvious error or mistake however it arises or results including, for example, errors or mistakes due to human error or technical fault resulting in, for example, a virtual currency being mispriced giving you an opportunity to profiteer from such a mispricing. You will forfeit any Virtual Items you obtain as a result of such an error or mistake.
– If the price or specification published within a Game is materially incorrect when you place an order for those Virtual Items and you contact Babloon to inform us of this incorrect information, we will provide you with the correct Price or specification and ask you to confirm whether you would like to purchase the applicable Virtual Items at the correct Price or specification. If applicable, Babloon will also state the period for which the offer or Price remains valid. If you choose not to complete your purchase at the corrected Price or product specification, Babloon will provide you with a full refund for any amounts already paid by you.

AVAILABILITY OF VIRTUAL ITEMS

Babloon reserves the right to limit the amount of Virtual Items you can purchase in a given period. Virtual Items may only be purchased and used by players in jurisdictions where such activities are permitted under applicable law. Virtual Items may only be purchased from Babloon through the Game or as otherwise expressly authorized. Babloon reserves the right to refuse any request to purchase Virtual Items for any reason.

REIMBURSEMENT

Babloon may cancel a payment and make a reimbursement to you, including any transaction fees incurred with Payment Providers (as defined below), if it has reason to believe any purchase is incomplete or any purchase is made, or Babloon suspects it is made, fraudulently or in an otherwise non-bona fide manner.

WAIVER OF WITHDRAWAL RIGHT

When purchasing Virtual Items, you agree that you have no right to withdraw from your purchase once the download of any Virtual Item is complete, due to the nature of these goods.

PAYMENT METHODS

Payment methods accepted by Babloon are as per those payment methods provided by the relevant Platform provider, such as Apple, Google, Facebook or similar within the Game at the point of sale.

EXCLUSIONS AND LIMITATIONS OF LIABILITY/WHAT IS NOT EXCLUDED OR LIMITED

None of the exclusions or limitations in these Terms shall exclude or restrict Babloon's liability for death or personal injury caused by its negligence or for any fraudulent misrepresentation or for any other liability that cannot be excluded or limited under applicable mandatory law.

IMPLIED TERMS

The express provisions of these Terms are in place of and hereby disclaim all warranties, conditions, terms, undertakings and obligations which but for these Terms would be implied or incorporated by any collateral agreement, statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.

DISCLAIMER OF WARRANTIES

Babloon provides the Games and all Virtual Items to you on an ‘as is’ basis. Babloon does not warrant that access to any Game will be uninterrupted, reliable or fault free. Babloon does not warrant to you that any Game will be accurate, complete or reliable. While Babloon uses reasonable efforts to ensure the Games are available to you 24 hours a day, Babloon will not be liable to you if for any reason the Games are unavailable at any time or for any period. Access to the Games may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Babloon's control. Babloon may also need to modify or maintain any of the Games at any time. If this need arises, Babloon may suspend access to the Games or any part of them or close them indefinitely. If the Game has been downloaded from a Platform, you and Babloon acknowledge that the Platform provider has no obligation whatsoever to provide you with any support or maintenance services in relation to the any of our Games. You acknowledge that Babloon and not the Platform provider is responsible for addressing any product liability claims, any failure to comply with regulatory or legal requirements, or claims relating to consumer protection or similar legislation.

EXCLUSIONS OF LIABILITY

Subject to paragraph “What is not Excluded or Limited” and the limitation of liability in paragraph “Limitation of Liability”, Babloon will be liable to you for any direct loss you suffer as a result of Babloon breaching its obligations under these Terms if such losses were reasonably foreseeable to both parties when you commenced playing any Game. Otherwise, to the extent permitted by law, Babloon excludes:

– Liability (whether arising in contract, tort or otherwise and whether or not due to its negligence) which Babloon may otherwise have to you as a result of any technical, factual, textual or typographical inaccuracies, errors or omissions (human or computer-generated) on or relating to the Games or any information provided in relation to the Games, the unavailability of any Games (or any part of them) or any misrepresentation on or relating to the Games.
– Any other liability for direct or indirect or consequential loss or damage incurred by you or anyone else in connection with the Games or in connection with the use, inability to use, or results of the use of the Games, any websites linked to it and any use of the Games or content on them, including any liability for loss of content or data, loss or damage caused by viruses, bugs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Games or the downloading or uploading of any content via the games, loss of goodwill, any loss incurred as a result of any legal claim or regulatory action arising from the activities of any player using the Games infringing third party intellectual property or breaching applicable law, any statements or conduct of any player of the Games or any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
– Liability for any loss that you may incur as a result of someone else using your identity, log-in details, password or account, with or without your knowledge, including if a device used to activate your account is stolen.
– In the event of any loss or damage to content (including data), your sole remedy shall be for Babloon to use its reasonable efforts to restore the lost or damaged data or content from the latest backup maintained by Babloon.

LIMITATION OF LIABILITY

Notwithstanding any of the foregoing provisions and subject to paragraph “Payment Methods”, Babloon's maximum liability to you in respect of your use of the Games shall be the amount of any fees paid by you to Babloon during the 3 month period preceding the date on which the act or omission causing the liability arose.

REASONABLENESS

You agree that each of these exclusions, disclaimers and limitations is reasonable having regard to the nature of the Games. Each of the above exclusions, disclaimers or limitations shall be construed as a separate, and severable, provision of our contract with you.

THIRD PARTIES AND ADVERTISING/THIRD PARTY ADVERTISING

Babloon may generate revenue from your playing of the Games by advertising goods and/or services of third parties including serving ads that you might see and respond to when using the Games, by allowing Virtual Items to be endorsed by third parties and by offering you the chance to ‘earn’ Virtual Items for use within the Games if you respond to third party advertising in a pre-defined manner.

THIRD PARTY LINKS

Certain links including hypertext links, from the Games and from any social networking platform you are using, may take you outside the Games and any social networking platform from which the Games are accessed. This does not imply endorsement by Babloon of the linked site, its operator or its content.  You acknowledge that Babloon does not control the content on such websites and does not guarantee the accuracy, integrity or quality of such content. Such sites may be governed by their own terms and privacy and cookies policies which it is your responsibility to review.

GENERAL TERMINATION OR SUSPENSION OF YOUR ACCOUNT

Babloon may in its absolute discretion at any time with immediate effect and for any reason terminate or suspend your use of the Games (in which case we may share your name and email address and notify third parties, including Platform providers) or verify your information by requesting certain documents and refuse your requests to play the Games if we believe there is a reason to do so.

DEALINGS IN RIGHTS AND OBLIGATIONS

Babloon may assign its rights and/or transfer its obligations under these Terms to any third party including being able to sub-license and/or sub-contract its rights and obligations under these Terms to any third party.

SEVERABILITY

If any provision in these Terms is, in whole or in part, held by a court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable under any enactment or rule of law then that provision or part thereof shall to that extent be deemed not to form part of these Terms and the enforceability and validity of the remainder of these Terms shall not be affected.

 

Entire Agreement

 

This Terms of Use constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. Babloon may assign its rights under the Terms of Use without notice to you.

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Contact Us

 

For more information please send an email to info@babloonstudios.com or by mail using the details provided below:

Babloon Studios AB,

Kaplansgatan 28, 54134 Skövde, Sweden