Terms of Service

Introduction

These Terms of Use and End User License Agreement (collectively referred to as the "Agreement") constitute a legally binding agreement between you as an individual ("you," "your," or "user") and Blue Swell, LLC ("we" or "our") regarding your access to and use of this website (located at https://blueswellplay.com) (hereinafter referred to as the "Website").

All documents related to the Website are expressly incorporated herein by reference.

Please read this Agreement carefully before using the Website.

It is important to read and understand this Agreement, as using the Website indicates that you have read, understood, agreed to, and accepted this Agreement. By using the Website, you agree to comply with this Agreement.

If you do not agree (do not accept) this Agreement, or if you do not agree to at least one provision of this Agreement, you are not authorized to access and/or use the Website, and you must immediately cease accessing and/or using the Website.

Changes to the Agreement
We reserve the right to change or modify this Agreement at any time for any reason at our sole discretion. We will notify you of any changes by updating this Agreement, and you waive the right to receive specific notice of each such change. You are responsible for reviewing this Agreement periodically for updates. If you continue to use the Website after the revised Agreement has been posted, you will be bound by the changes in the revised Agreement and will be deemed to have acknowledged and accepted such changes.

User Restrictions for Website Use
To access and/or use the Website, you must be at least thirteen (13) years old.

All users who are minors (generally under the age of 13) in their jurisdiction must obtain permission from their parents or guardians and must be directly supervised by their parents or guardians to access and/or use the Website. Therefore, if you are under the age of thirteen (13) and wish to access and/or use the Website, you must: (a) guarantee and confirm (if necessary) that your parents or guardians have read and agreed to (obtained your parents' or guardians' consent) this Agreement before you access and/or use the Website; (b) have the right to enter into a binding contract with us and are not prohibited from doing so by applicable law.

Parents and guardians must directly supervise minors' access to and/or use of the Website.

No person under the age of thirteen (13) may access and/or use the Website.

You confirm that you are at least thirteen (13) years old, or an emancipated minor, or have the consent of a legal parent or guardian, and that you are fully able and competent to enter into the terms, conditions, obligations, confirmations, representations, and warranties set forth in this Agreement and to comply with and abide by this Agreement.

General Terms
The Website is for general informational purposes only and is intended for your personal, non-commercial use. You agree not to use the Website for any illegal, improper, or unauthorized purposes or activities.

Privacy Policy
Your privacy is very important to us. Therefore, we have established a Privacy Policy to inform you about how we handle, use, and store information (including personal data). Accessing and/or using the Website is subject to the Privacy Policy. By accessing and/or using the Website, you are deemed to have accepted the Privacy Policy, specifically acknowledging how we process your information and the appropriate legal bases for processing described in the Privacy Policy. We reserve the right to modify the Privacy Policy at any time. If you do not agree with any part of the Privacy Policy, you must immediately cease accessing and/or using the Website. Please read our Privacy Policy carefully.

End User License Agreement
By using the Website, you agree to respect our intellectual property rights (related to the source code, graphic design, user interface, appearance and feel of the Website, content materials, copyrights, and trademarks, hereinafter referred to as "Intellectual Property") as well as the intellectual property owned by third parties.

As long as you continue to use the Website, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right ("License") under this Agreement.

You may only use our Website for your own non-commercial purposes. You are obliged to respect the copyright material within the Website, and you may not sell images from the Website.

The source code, design, and content within the Website, including information, photographs, illustrations, artwork, and other graphic materials, sounds, music, or videos (hereinafter referred to as "Works") as well as names, logos, and trademarks (hereinafter referred to as "Personalization Means") are protected by copyright law and other relevant laws and/or international treaties and are owned by us and/or our partners and/or third parties with whom we have agreements, as applicable.

These Works and Personalization Means may not be copied, reproduced, republished, distributed, disseminated, sold, published, broadcast, or transmitted in whole or in part without the express permission of us and/or our partners and/or third parties with whom we have agreements.

All rights, title, and interest in and to the Website and its content, Works, and Personalization Means and their functionality are (1) the exclusive property of Blue Swell, LLC and/or our partners and/or third parties with whom we have agreements, (2) protected by applicable international and national laws, and (3) may not, in any case, be assigned (transferred) to you in whole or in part under the scope of this Agreement.

We will not hesitate to take legal action against any unauthorized use of our trademarks, names, or symbols to protect and restore our rights. All rights not expressly granted herein are reserved. Other product and company names displayed on the Website or mentioned herein may also be trademarks of their respective owners.

Prohibited Conduct
You agree not to use the Website in any way that:

Is unlawful, illegal, or unauthorized;
Defames any other person;
Contains obscene or offensive content;
Infringes upon any other person's copyright, database rights, or trademark;
Advocates, promotes, or assists any illegal activity, such as (for example only) copyright infringement or computer abuse.
You may not modify, translate into other languages, reverse engineer, decompile, disassemble, or otherwise create derivative works from the Website or any documents related to the Website.

Furthermore, you may not attempt to use the Website or any part of its content for malicious purposes.

We are not responsible for how you use the Website.

It is explicitly stated that we may take any legal action under applicable law against users who violate this Agreement.

All disputes arising from the use of the Website shall be governed by and construed in accordance with the laws of the United States and shall be subject to the exclusive jurisdiction of the courts of New York State, USA.

Disclaimer
You agree to use the Website at your own risk. The services provided by the Website and all materials, information, software, and content are provided on an "as-is" and "as-available" basis. We make no express or implied warranties regarding the merchantability, technical compatibility, or suitability for a particular purpose of any services, products, content, or materials provided under this Agreement. We do not guarantee that the Website or the features contained therein will be available, uninterrupted, or error-free, nor do we guarantee that defects will be corrected or that the servers providing the services are free of viruses or other harmful components.

Limitation of Liability
In no event shall we be liable for any type of direct or indirect damages arising from or related to the Website and the services provided therein. In no event shall we be liable for any special, consequential, incidental, punitive, or exemplary damages or loss of profits or revenue, even if we have been advised of the possibility of such damages. In no event shall we be liable for damages arising from or related to any products, services, and/or information provided by any third party through the Website or by any other means. You also specifically acknowledge that we are not responsible for any costs or damages arising from private or governmental legal actions resulting from your use of the Website and its services in any country or region.

Severability
If any provision of this Agreement is found to be illegal, invalid, or unenforceable at any time in any respect, that provision shall be interpreted more strictly to make it legal, valid, and enforceable, or, if that is not possible, shall be deleted. The other provisions of this Agreement shall remain in full force and effect.

You may not assign or transfer or claim to assign or transfer your contract with us to any other person.

Contact Information
We reserve the right to respond to your requests, questions, comments, or suggestions. To do so, you may use the form provided in the "Contact Us" section of the Website or contact us at [email protected].