Blue Shell Games, LLC

Terms of Use Agreement

Welcome to blueshellgames.com, the website and online service of Blue Shell Games, LLC (“Blue Shell Games,” “we,” or “us”).  This page explains the terms by which you may use our online and/or mobile services, web site, and software provided on or in connection with the service (collectively the “Service”).  By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in the Blue Shell Games Privacy Policy (http://blueshellgames.com/privacy), whether or not you are a registered user of our Service.  

We reserve the right, at our discretion, to change, modify, add or remove portions of this Terms of Use and its Privacy Policy at any time by posting the amended Terms of Use on the Service. You may also be given additional notice, such as an e-mail message or messaging within the Service, of any changes. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use.  If you do not agree to any of these terms, do not use or access (or continue to access) the Service.  This Agreement applies to all visitors, users, members, and others who access the Service (“Users”).

  1. Use of Our Service
  1. Eligibility

You may use the Service only if you can form a binding contract with Blue Shell Games, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.  Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement.  The Service is not available to any Users previously removed from the Service by Blue Shell Games.

  1. Blue Shell Games Accounts

Some content and other features of the Service are available for members of various social networking sites without separately registering with Blue Shell Games. But in order to access certain other features of the Services, you might be required to register by creating an account and become a member through our website. During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Blue Shell Games reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You may never use another User’s account without permission.  When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account.  You must notify Blue Shell Games immediately of any breach of security or unauthorized use of your account.  Blue Shell Games will not be liable for any losses caused by any unauthorized use of your account.

Where the Services utilize the account management of a social networking website such as Facebook, you are responsible for maintaining the confidentiality of your applicable social networking website password and account, and are fully responsible for all activities that occur under your account.

By providing Blue Shell Games your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.  We may also use your email address to send you other messages, such as changes to features of the Service and special offers.  If you do not want to receive such email messages, you may opt out by contacting unsubscribe@blueshellgames.com.  Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

  1. Service Rules

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Blue Shell Games servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Blue Shell Games grants the operators of public search engines revocable permission to use spiders to copy materials from blueshellgames.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.  

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service.  We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason.  Upon termination for any reason or no reason, you continue to be bound by this Agreement.  

You are solely responsible for your interactions with other Blue Shell Games Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.  Blue Shell Games shall have no liability for your interactions with other Users, or for any User’s action or inaction.

  1. User Content

Some areas of the Service may allow Users to post content such as profile information, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service “User Content”).  You retain ownership of your User Content.

You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current or (ix) violates any school or other applicable policy, including those related to cheating or ethics.  You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy.  To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below.  Blue Shell Games reserves the right, but is not obligated, to reject and/or remove any User Content that Blue Shell Games believes, in its sole discretion, violates these provisions.  You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In connection with your User Content, you affirm, represent and warrant the following:

  1. You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.  
  2. Your User Content and Blue Shell Games’ use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
  3. Blue Shell Games may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
  4. To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.

Blue Shell Games takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service.  You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.  You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Blue Shell Games shall not be liable for any damages you allege to incur as a result of User Content.  

  1. User Content License Grant

By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Blue Shell Games a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Blue Shell Games’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.  You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.

If the features of the Service allow you to remove or delete User Content from the Service, the above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete such User Content from the Service. You understand and agree, however, that Blue Shell Games may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted. The above licenses granted by you in User Content for which the Service does not provide you a means to delete or remove are perpetual and irrevocable.

  1. End User License Grant  
  1. Blue Shell Games Service.  Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service.  Blue Shell Games reserves all rights not expressly granted herein in the Service and the Blue Shell Games Content (as defined below).  Blue Shell Games may terminate this license at any time for any reason or no reason.  
  2. Mobile Software.  We may make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. Blue Shell Games does not warrant that the Mobile Software will be compatible with your mobile device.  Blue Shell Games hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Blue Shell Games account on one mobile device owned or leased solely by you, for your personal use.  You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Blue Shell Games may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.  Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Blue Shell Games or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Blue Shell Games reserves all rights not expressly granted under this Agreement.  If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.  The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Blue Shell Games Service.

(1)        Mobile Software from iTunes.  The following applies to any Mobile Software you acquire from the iTunes Store (“iTunes-Sourced Software”):  You acknowledge and agree that this Agreement is solely between you and Blue Shell Games, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof.  Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service.  You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software.  In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Blue Shell Games as provider of the software.  You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Blue Shell Games as provider of the software.  You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, Blue Shell Games, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.  You and Blue Shell Games acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.

  1. Our Proprietary Rights

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "Blue Shell Games Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Blue Shell Games and its licensors (including other Users who post User Content to the Service).  Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Blue Shell Games Content.  Use of the Blue Shell Games Content for any purpose not expressly permitted by this Agreement is strictly prohibited.  

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”).  By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Blue Shell Games under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.  You further acknowledge that, by acceptance of your submission, Blue Shell Games does not waive any rights to use similar or related ideas previously known to Blue Shell Games, or developed by its employees, or obtained from sources other than you.

  1. Blue Shell Games Property

Certain aspects of the Service may allow you to obtain certain in-world currency, and/or fictional property representing virtual achievements (for instance, trophies or powers) ("Blue Shell Games Property).  You understand and agree that regardless of terminology used, Blue Shell Games Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at Blue Shell Games’ sole discretion.  Blue Shell Games Property is not redeemable for any sum of money or monetary value from Blue Shell Games at any time.  You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Blue Shell Games on Blue Shell Games servers, including without limitation any data representing or embodying any or all of your Blue Shell Games Property.  You agree that Blue Shell Games has the absolute right to manage, regulate, control, modify and/or eliminate Blue Shell Games Property as it sees fit in its sole discretion, in any general or specific case, and that Blue Shell Games will have no liability to you based on its exercise of such right.  All data on Blue Shell Games’ servers are subject to deletion, alteration or transfer.  NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON BLUE SHELL GAMES'S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN BLUE SHELL GAMES'S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND.  BLUE SHELL GAMES DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON BLUE SHELL GAMES'S SERVERS.

  1. Paid Services
  1. Billing Policies.  Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms applicable to you or anyone using an account registered to you, as we may update them from time to time.  Blue Shell Games may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.  Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement. If you purchase certain aspects of the Service from a social networking website such as Facebook, you are agreeing to that social networking website’s payment terms and Blue Shell Games in not a party to the transaction.
  2. No Refunds.  You may cancel your Blue Shell Games account at any time; however, there are no refunds for cancellation.  In the event that Blue Shell Games suspends or terminates your account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any Blue Shell Games Property, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.  In the event that the Service was purchased from a social networking website, the refund policy is subject to that social networking website’s payment terms and conditions.
  3. Payment Information; Taxes.  All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
  1. Privacy

We care about the privacy of our Users. Click here to view our Privacy Policy (http://blueshellgames.com/privacy). You understand that by using the Service, you are consenting to have your personal data collected, used, transferred to and processed in the United States.

  1. Security

Blue Shell Games cares about the integrity and security of your personal information.  However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

  1. Third-Party Links

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Blue Shell Games.  Blue Shell Games does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services.  If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and Blue Shell Games’s Privacy Policy do not apply to your use of such sites.  You expressly relieve Blue Shell Games from any and all liability arising from your use of any third-party website, service, or content.  Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Blue Shell Games shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

  1. Indemnity

You agree to defend, indemnify and hold harmless Blue Shell Games and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.  

  1. No Warranty

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  USE OF THE SERVICE IS AT YOUR OWN RISK.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLUE SHELL GAMES OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.  WITHOUT LIMITING THE FOREGOING, BLUE SHELL GAMES, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

BLUE SHELL GAMES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BLUE SHELL GAMES SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND BLUE SHELL GAMES WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.  

  1. Limitation of Liability  

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLUE SHELL GAMES, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE.  UNDER NO CIRCUMSTANCES WILL BLUE SHELL GAMES BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.  

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLUE SHELL GAMES ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.  IN NO EVENT SHALL BLUE SHELL GAMES, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO BLUE SHELL GAMES HEREUNDER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BLUE SHELL GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.  THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.  THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

The Service is controlled and operated from its facilities in the United States.  Blue Shell Games makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.  You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.  Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.  

  1. Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Blue Shell Games without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

  1. General
  1. Governing Law.  You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Blue Shell Games, either specific or general, in jurisdictions other than California.  This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.  Except as otherwise agreed between the parties or as described in Section 17.B. below, any claim or dispute between you and Blue Shell Games that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California, unless submitted to arbitration as set forth in the following paragraph.  
  2. Arbitration.  For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  3. Notification Procedures.  Blue Shell Games may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Blue Shell Games in our sole discretion. Blue Shell Games reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.  Blue Shell Games is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.  
  4. Entire Agreement/Severability.  This Agreement, together with any amendments and any additional agreements you may enter into with Blue Shell Games in connection with the Service, shall constitute the entire agreement between you and Blue Shell Games concerning the Service.  If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
  5. No Waiver.  No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Blue Shell Games’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.  
  1. Third Party Components
  1. Some components of the Services may be subject to different or additional third party license terms and conditions, including attribution and other notices. These terms, conditions and notices may be found at http://blueshellgames.com/opensource/ for the Services. You agree that your use of the Services will be subject to these terms and conditions.

Please contact us contact@blueshellgames.com with any questions regarding this Agreement.


Blue Shell Games SWEEPSTAKES

RULES AND REGULATIONS

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES OR CONTEST:

Lucky Slots Sweepstakes (the 'Sweepstakes') is sponsored by Blue Shell Games (name of sponsor), having its principal place of business at 445 Bush St. San Francisco, CA (address). The Sweepstakes entry period begins on October 8, 2013 12:00PM PDT (date and time, specify time zone)  and ends on October 15, 2013 11:59PM PDT (date and time) (such period, the 'Entry Period').

1. HOW TO ENTER:

(a)To enter the Sweepstakes online, visit the Sweepstakes at https://apps.facebook.com/luckyslotsgame/ (the 'Sweepstakes Site') during the Entry Period. All of the Sweepstakes information will be posted at the Sweepstakes Site throughout the Sweepstakes. A random drawing for one potential winner per day will take place on October 23, 2013 (Date for drawing). Participants may enter multiple times during the Entry Period. Where a dispute arises about who submitted an online entry, the entry will be deemed submitted by the holder of the e-mail account. Odds of winning depend on the number of eligible entries received and are equal regardless of method of entry. There will be one winner each day. Purchase of any merchandise does not improve odds of winning over the alternative mode of entry (AMOE).

(b) Alternative Mode of Entry: You will be eligible to receive entry into the Sweepstakes by collecting the daily bonus (Spin the Wheel) collection four times in one day. This will provide you with one ticket into the Sweepstakes. There is no limit to the number of tickets you may receive. Odds of winning depend on the number of eligible entries received and are equal regardless of method of entry. Any Alternative Mode of Entry entries received after October 15, 2013 11:59PM PDT (date and time of end of entry period) will not be eligible to be included in the drawing and shall be disregarded. Sweepstakes Providers are not responsible for lost, late, incomplete, illegible, or misdirected Sweepstakes entries, or for any error, human, technical or otherwise, which may occur in the processing of Sweepstakes entries. Any use of robotic, automatic, programmed or similar entry methods will void all such entries by such methods.

2. ELIGIBILITY:

This Sweepstakes is open to any individual who is, as of the beginning of the Entry Period (a) 18 years of age or older. Employees, officers, directors and agents (and their immediate families and household members regardless of where they live, or members of the same households (whether related or not)) of Blue Shell Games and its divisions, affiliates, subsidiaries, agents and advertising agencies (collectively, the 'Sweepstakes Providers'), are not eligible to participate in the Sweepstakes or to win any prize. VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE PROHIBITED OR RESTRICTED BY LAW. All federal, state and local laws and regulations apply.

3. PRIZES:

One prize winner (the 'Prize Winner') will receive $2,400,000 Lucky Slots coins (description of prize)(the 'Prize'). Verifiable retail value of the Prize is $200. The Prize is subject to certain restrictions and qualifications of the Sweepstakes Providers. Except where otherwise expressly noted in these Official Rules, the selection of all vendors, prizes, products and services is subject to the Sweepstakes Providers' sole and absolute discretion. Prizes (and/or any portion thereof) are nontransferable and non-exchangeable. No substitutions or cash redemption of prizes are permitted except that the Sweepstakes Providers retain the right to substitute the cash value of the Prize. Additional restrictions may apply.

4. PRIZE DRAWING:

The potential Prize Winner will be selected in a random drawing from all entries received that are otherwise eligible for the drawing. The drawing will be held after October 15, 2013 11:59PM PDT (date and time of drawing). The drawing will be conducted by the Sweepstakes Providers whose decisions are final and binding on all aspects of this Sweepstakes. The potential Prize Winner will be notified on or about October 23, 2013 (date of notification) by email (method of notification). Failure of the potential Prize Winner to respond within seventy-two (72) hours from such notification referred to above may result in disqualification and the selection of an alternate Prize Winner. An alternate Prize Winner will be selected in the event the Prize cannot be awarded to the potential Prize Winner drawn. Blue Shell Games will attempt to reward three Winners. By entering the drawing, each entrant agrees to be bound by these rules and the decisions of the Sweepstakes Providers. In the event of non-compliance, an alternate Prize Winner may be selected.

5. CONDITIONS, DISCLAIMERS, AND LICENSE:

By entering this Sweepstakes, each entrant agrees to be bound by these Official Rules and by all decisions of the Sweepstakes Providers (which decisions are final and binding on all matters relating to the Sweepstakes), and to comply with all federal, state and local laws and regulations. The decisions of the Sweepstakes Providers are final on all matters of fact, interpretation, eligibility, procedure and fulfillment. In the event of non-compliance, an alternate Prize Winner may be selected. Entries and other submitted materials become the property of the Sweepstakes Providers and/or its promotional partner(s) and will not be acknowledged or returned. The Sweepstakes Providers are not responsible for incomplete, late, lost, misdirected or postage-due mail or for any technical malfunction, human error, lost/delayed data transmission, omission, interruption, deletion, defect, or line failure in connection with any telephone network, computer equipment, software or any combination thereof. Entries are void if unreadable, inaccurate, incomplete, mutilated, tampered with, forged, mechanically reproduced, irregular in any way, or otherwise not in compliance with these Official Rules. The Sweepstakes Providers make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any Prize furnished or made available in connection with the Sweepstakes. Although Sweepstakes Providers attempt to ensure the integrity of the Sweepstakes, the Sweepstakes Providers are not responsible for the actions of entrants or other individuals in connection with the Sweepstakes, including entrants' or other individuals' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Sweepstakes. The Sweepstakes Providers are not responsible for injury or damage to entrant's or to any other person's computer(s), other equipment, or person(s), related to or resulting from participation in the Sweepstakes or downloading materials from or using the Sweepstakes Site. If, for any reason, the Sweepstakes is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles, or any other causes which, in the sole opinion of the Sweepstakes Providers, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Sweepstakes, the Sweepstakes Providers reserve the right in their sole and absolute discretion to modify these Official Rules and/or to cancel, terminate, modify, or suspend all or any part of the sweepstakes, and to select a winner from among all eligible entries received up to the time of such cancellation, termination, modification, or suspension, as applicable. All taxes (including without limitation Federal, state and local taxes) in connection with any Prize, and the reporting consequence thereof, are the sole responsibility of the Prize Winner. The Prize Winner, at the sole discretion of the Sweepstakes Providers, shall be required to sign a notarized affidavit of eligibility and compliance with these Official Rules, liability release, publicity release (unless prohibited by law), address verification and other registrations and participation information requested by the Sweepstakes Providers (unless prohibited by law). You are not a Prize Winner until your submissions are validated. Failure to complete, sign and return all required documents within fourteen (14) days of delivery to potential Prize Winner's claimed address or return of Prize as undeliverable may result in disqualification and selection of an alternate Prize Winner, at the sole discretion of the Sweepstakes Providers.

By entering this Sweepstakes, unless prohibited by law, the potential Prize Winner consents to use of his/her respective name, voice, photograph and/or likeness for advertising or publicity purposes for this and similar promotions without compensation and the potential winner and travel guest may be required to provide a signed release acknowledging such consent. Moreover, by entering this Sweepstakes, unless prohibited by law, the potential Prize Winner agrees to grant to the Sweepstakes Providers, and their respective licensees, affiliates, and assigns, the right to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including without limitation the World Wide Web, at any time or times, the Prize Winner's respective name, likeness (actual or simulated), voice (actual or simulated), and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further without such additional compensation, appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by the Sweepstakes Providers in its sole discretion.

6. CONDUCT:

THE OFFICIAL RULES WILL BE POSTED AT THE SWEEPSTAKES SITE THROUGHOUT THE ENTRY PERIOD. BY ENTERING AND PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS (A) FULLY AND UNCONDITIONALLY AGREE TO BE BOUND BY THESE OFFICIAL RULES AND BY ALL DECISIONS OF THE SWEEPSTAKES PROVIDERS (WHICH DECISIONS SHALL BE FINAL AND BINDING IN ALL RESPECTS), INCLUDING WITHOUT LIMITATION DECISIONS REGARDING ELIGIBILITY, WINNER AND THE INTERPRETATION OF TERMS USED IN THESE OFFICIAL RULES; AND (B) REPRESENTS AND WARRANTS THAT ALL INFORMATION PROVIDED BY ENTRANT IN CONNECTION WITH THE SWEEPSTAKES IS TRUE, ACCURATE AND COMPLETE. THE SWEEPSTAKES PROVIDERS RESERVE THE RIGHT, AT ANY TIME AND AT THEIR SOLE DISCRETION, TO DISQUALIFY AND/OR DEEM INELIGIBLE TO PARTICIPATE IN THIS SWEEPSTAKES OR ANY FUTURE SWEEPSTAKES OR OTHER PROMOTIONS OF THE SWEEPSTAKES PROVIDERS, ANY INDIVIDUAL IT SUSPECTS: TO BE TAMPERING WITH THE ENTRY PROCESS OR THE OPERATION OF THE SWEEPSTAKES OR THE SWEEPSTAKES SITE; TO BE ACTING IN VIOLATION OF THE OFFICIAL RULES OR THE SWEEPSTAKES SITE'S TERMS OF SERVICE, PRIVACY POLICY OR OTHER TERMS, CONDITIONS OR GUIDELINES; TO BE ACTING IN BAD FAITH OR IN A DISRUPTIVE MANNER, OR WITH THE INTENT TO ANNOY, ABUSE, THREATEN OR HARASS ANY OTHER PERSON; TO HAVE FAILED TO AGREE TO THESE OFFICIAL RULES; OR TO BE IN VIOLATION OF THESE OFFICIAL RULES. ANY ATTEMPT BY A ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY INTERNET SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF THESE OFFICIAL RULES AS WELL AS CRIMINAL AND CIVIL LAWS. SHOULD THE SWEEPSTAKES PROVIDERS BELIEVE OR BECOME AWARE THAT SUCH AN ATTEMPT HAS BEEN, IS BEING, OR WILL BE MADE, THE SWEEPSTAKES PROVIDERS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY RESPONSIBLE ENTRANT(S) AND OTHER RESPONSIBLE INDIVIDUAL(S) IN THE ATTEMPTED DAMAGE TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION CRIMINAL PROSECUTION.

7. RELEASE AND INDEMNIFICATION:

BY ENTERING THE SWEEPSTAKES, ENTRANTS RELEASE AND HOLD THE SWEEPSTAKES PROVIDERS HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE SWEEPSTAKES OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION THE REMOVAL FROM THE SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY.

8. LIMITATION OF LIABILITY:

IN NO EVENT WILL THE SWEEPSTAKES PROVIDERS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF ANY ACCESS TO AND/OR USE OF THE SWEEPSTAKES SITE, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SWEEPSTAKES SITE, THE REMOVAL FROM THE SWEEPSTAKES SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR PARTICIPATION IN, ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES, ALL PRIZES AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. GOVERNING LAW:

The Sweepstakes and these Official Rules are governed by and shall be construed in accordance with the substantive laws of the State of California as distinguished from the choice of law rules and the United States of America applicable to contracts made and performed entirely in California and where the relevant contacts are with such state. All applicable federal, state, and local laws and regulations apply.

10. MISCELLANEOUS:

(a) Dates and Deadlines: Because of the unique nature and scope of the Sweepstakes, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Sweepstakes.

(b) Privacy: Information submitted in connection with the Sweepstakes will be treated in accordance with these Official Rules and Blue Shell Games (sponsor's) Privacy Policy (as may be amended from time to time), currently located at https://secure.blueshellgames.com/privacy/ (location of sponsor's privacy policy, preferably web based); provided, that in the event of any conflict between these Official Rules and such Privacy Policy, the terms and conditions of these Official Rules shall prevail.

(c) Severability; Headings: If any provision of these Official Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.

(d) Winner: For info on the Winner, send a self-addressed stamped envelope after October 30, 2013 (date several days after drawing) to: Blue Shell Games 445 Bush St. San Francisco 94108 (Name and address) Requests for Winner List must be received by October 30, 2013 (date) and VT residents may omit return postage.

(e) Rule Requests: To receive a copy of these complete rules, send a self-addressed, stamped envelope to: Blue Shell Games 445 Bush St. San Francisco 94108 (address) Requests for Official Rules must be received by October 16, 2013 (date). WA and VT residents may omit return postage.