Terms and Conditions

Binding Legal Agreement

These Terms and Conditions represent a legally binding agreement between you and Bit Blaster. By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by all terms outlined in this document.

If you do not agree with any part of these terms, you must discontinue use of our website and services immediately. These terms apply to all visitors, users, and clients who access or interact with our arcade game development services.

User Obligations and Responsibilities

1. Legal Compliance

You agree to comply with all applicable laws, regulations, and legal requirements when using our services:

Adhere to all local, state, national, and international laws
Respect intellectual property rights, copyright, and trademark laws
Comply with data protection and privacy regulations
Follow export control laws and trade restrictions
Obtain necessary licenses and permissions for your projects
Report any illegal activity you become aware of through our services

2. Prohibited Activities and Conduct

The following activities are strictly prohibited when using our website and services:

Impersonating any person or entity or misrepresenting affiliation
Engaging in fraudulent, deceptive, or misleading practices
Uploading or transmitting viruses, malware, or malicious code
Attempting unauthorized access to our systems or networks
Interfering with or disrupting service functionality
Harvesting data or information about other users without permission
Using automated systems to access services without authorization
Engaging in spam, unsolicited communications, or harassment
Posting or sharing offensive, defamatory, or harmful content
Violating the rights of any third party

3. Content Guidelines and Restrictions

When submitting content or materials through our services, you must ensure:

All content is accurate, truthful, and not misleading
You own or have rights to use all submitted materials
Content does not infringe on intellectual property rights
Materials do not contain unlawful or inappropriate content
Submissions comply with our acceptable use policies
You have obtained necessary consents for personal data included

4. Age Requirements and Capacity

By using our services, you represent and warrant that:

You are at least 18 years of age or the age of majority in your jurisdiction
You have the legal capacity to enter into binding agreements
If representing an organization, you have authority to bind that entity
You are not prohibited from using our services under applicable law
All information you provide is accurate and current

Privacy and Data Protection Obligations

5. Your Privacy Responsibilities

When interacting with our services, you agree to:

Provide accurate personal information when requested
Keep your contact information up to date
Protect the confidentiality of any account credentials
Notify us immediately of any security breaches
Review our Privacy Policy and understand how we handle data

6. Third-Party Data Handling

If you share information about third parties with us:

You must have proper authorization to share their information
You are responsible for obtaining necessary consents
You must comply with applicable privacy laws
You indemnify us against claims arising from unauthorized sharing

7. Data Security Cooperation

You agree to cooperate with us in maintaining data security by promptly reporting suspicious activity, following security best practices, and respecting access controls we implement.

Indemnification and Protection

8. Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless Bit Blaster, its officers, directors, employees, contractors, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney fees) arising from or related to:

Your violation of these Terms and Conditions
Your breach of any representation or warranty made herein
Your violation of any law or regulation
Your infringement of any third-party rights, including intellectual property rights
Your use or misuse of our services
Content or materials you submit or share through our services
Your negligent or wrongful conduct
Claims by third parties related to your actions

This indemnification obligation survives termination of these Terms and your use of our services.

Liability Limitations and Disclaimers

9. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING:

Implied warranties of merchantability and fitness for a particular purpose
Warranties of title, non-infringement, or quiet enjoyment
Warranties arising from course of dealing or usage of trade
Guarantees regarding accuracy, reliability, or completeness of content
Assurances of uninterrupted, timely, secure, or error-free service
Promises regarding specific results or outcomes from our services

10. Consequential Damages Exclusion

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BIT BLASTER BE LIABLE FOR:

Indirect, incidental, special, or consequential damages
Lost profits, revenue, or business opportunities
Loss of data, goodwill, or reputation
Cost of procurement of substitute services
Interruption of business or loss of use
Damages arising from third-party actions or content

These limitations apply regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and whether we were advised of the possibility of such damages.

11. Maximum Liability Cap

Our total aggregate liability for all claims arising from or related to these Terms or our services shall not exceed the greater of: (a) the amount you paid us in the twelve months preceding the claim, or (b) $100 USD. This limitation applies to all causes of action in aggregate.

12. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government actions, pandemic, internet service provider failures, or other force majeure events.

Legal Information and Dispute Resolution

13. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States, without giving effect to any principles of conflicts of law. You agree that any legal action or proceeding shall be brought exclusively in the courts located in the applicable jurisdiction, and you consent to personal jurisdiction in such courts.

14. Dispute Resolution Procedures

In the event of any dispute, controversy, or claim arising from these Terms:

Parties agree to first attempt resolution through good faith negotiation
If negotiation fails within 30 days, parties may pursue mediation
Binding arbitration may be required before litigation in some cases
Each party bears their own costs unless otherwise awarded
Class action waivers may apply where permitted by law

15. Waiver of Jury Trial

To the extent permitted by law, you waive any right to a jury trial in any proceeding arising out of or related to these Terms or our services.

16. Limitation on Time to File Claims

Any claim or cause of action arising from these Terms must be filed within one year after the claim arose, or such claim shall be permanently barred, regardless of any statute of limitations to the contrary.

Additional Legal Provisions

17. Severability Clause

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired. The invalid provision shall be replaced with a valid provision that most closely reflects the original intent.

18. Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Cookie Policy, and any project-specific agreements, constitute the entire agreement between you and Bit Blaster and supersede all prior or contemporaneous communications, whether electronic, oral, or written.

19. Assignment and Transfer

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations without restriction. Any attempted assignment in violation of this section is void.

20. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

21. Survival

Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, indemnification obligations, warranty disclaimers, and limitations of liability.

22. Headings and Interpretation

Headings are for convenience only and do not affect interpretation. The words "including" and "such as" are illustrative and not limiting. References to "we," "us," and "our" refer to Bit Blaster.

23. Electronic Communications

You consent to receive communications from us electronically. We may communicate with you by email or by posting notices on our website. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

24. Modifications to These Terms

We reserve the right to modify these Terms and Conditions at any time. We will provide notice of material changes by updating the "Last Updated" date and, where appropriate, through prominent website notices or direct communication. Your continued use after changes constitutes acceptance of the modified terms.

25. Contact for Legal Matters

For any legal questions or concerns regarding these Terms and Conditions, please contact us through our official communication channels. All legal notices must be sent in writing to be effective.