Terms and Conditions

Terms & Conditions

Company Blend Season s.r.o. (“we,” “us,” “our,” and their derivatives), located 1. máje 868/11, Liberec III-Jeřáb, 460 07 Liberec, Czech Republic, is a developer and publisher of games and mobile game applications that are made available via app stores including the Apple Application Store and Google Play Store (our “Game”, “Games”, “Service”, “Services”).
THESE TERMS & CONDITIONS (“Agreement”) CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY.

Thank you for playing our games!
Effective Date: August 15th, 2024

1 - Acceptance

By installing, using or otherwise accessing any one of our Games, you accept this Agreement and our Privacy Policy. Your relationship with us will be subject to this and only this Agreement and our Privacy Policy. If you do not agree with or wish to accept the terms of either this agreement or the privacy policy then please do not install, use or otherwise access our games. Use of the games is void where prohibited.
You represent that you are 18 years or older or you are the legal age of majority in your country of residence. If you do not meet the given age requirement, you may play our Games only if you have been granted a proper consent by parent(s) or legal guardian who are thereby subject to these Terms. Moreover, we may require adequate evidence of such consent at any time.
You represent that you are accessing our Games as a private person. Any commercial use of our Games is not allowed.

2 - Account Creation

Games may require you to provide registration information to store the progress of the Game and any additional game content. All such requirements to provide information are subject to both this Agreement and the Privacy Policy which are incorporated by reference herein, together with any other Third Party Terms. You have the option of providing such information or not. However, should you choose to not provide the information, your access to the Game or Game features may be limited or non-available. If you can select a username in the Game, this must not violate applicable laws and/or these Agreement. We shall be entitled to change the name in the event of a breach of this provision, either at the instigation of a third party or on its own initiative. No separate justification for the name change shall be necessary. You have no claim to a specific name. If you are parent or guardian you agree that you will be responsible for all uses of the account by your child whether or not such uses were authorized by you.

3 - Licensing Terms

We hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access our Games and to download and install client mobile applications for this purpose, for your non-commercial entertainment use only, provided that you are in compliance with these Terms.
Games provided to you are licensed to you and not sold. We (and our licensors, where applicable) own all rights, title and interest, including all related intellectual property rights, in and to all Games. This Agreement is not a sale and does not convey to you any rights of ownership in or related to any Game. Our name, logo, and the product names associated with the Games belong to us (or our licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. We (and our licensors, where applicable) reserve all rights not granted in this Agreement.
You may not copy (except as expressly permitted by this license and any other applicable terms, conditions, or usage rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Game, any updates, or any part thereof (except as and only to the extent allowed by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the licensed application).
Except for use of the Games as permitted herein, any other use of Games, or any respective parts is strictly prohibited and infringes our intellectual property rights and may subject you to civil and criminal penalties, including possible monetary damages. Rights to trademarks, Games and all associated content, are reserved to their respective owners and protected by International copyright, design, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.

4 - Allowed Uses & Restrictions

You agree that your use of the Services should be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Services in order to:

violates applicable laws, exploit or harm anyone, send advertising or promotional material, or impersonate or attempt to impersonate us or anyone else;
name a user-nameable item or entity, post, upload, transmit, submit or link to any content or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual, defamatory, abusive, hateful, threatening, spam or spam-like, likely to offend, contains adult or objectionable content, contains personal information of others, risks copyright infringement, encourages unlawful activity, defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable or otherwise violates any laws;
violate the legal rights of others, including, without limitation, their privacy, publicity, and intellectual property rights such as by collecting or storing any personal information from the Games about anyone without their express permission;
upload, transmit, introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Games, including any server on which the Games are stored, or any server, computer, or database connected to the Games;
improperly use support channels or complaint buttons to make false reports to us;
develop, distribute, or publicly inform other users of software programs which have the effect of or are intended to modify, impair, disrupt, destroy, interfere with, change or limit the functionality of the Games or any portion thereof, take control of any computer software, hardware or telecommunications equipment or interrupt any user’s uninterrupted use and enjoyment of our Games;
exploit, distribute or publicly inform others about any Game error, miscue or bug which gives an unintended advantage;
engage in any other conduct that affects anyone else’s use or enjoyment of the Games or that, as determined by us, may harm us;
use the Services or any part thereof for performing in-Game services, such as power-leveling and item collection services, in exchange for any consideration;
advertise the intent to or commit the act of buying, selling, trading, sharing, or transferring access to your User account or Virtual Items to any third party for consideration
transmit unauthorized communications through the Services, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;
exercise any fraudulent/illegal activity that could lead to false payment in the Services, such as getting any advantages and/or Virtual Items without actual payments;
use any robot, spider, or other automatic or manual device, process, or means to access the Games for any purpose, including monitoring or copying any of the material on the Games;
exercise any fraudulent/illegal activity that may lead to change of features and parameters of the Services or any parts thereof, including recovery of used advantages and/or getting additional advantages, including advantages which can be received without payments;
create any User account by automated means or false pretenses, create more than one account per device, or use any other User account(s) for any purpose, including to circumvent a suspension or ban;
cheat, including, without limitation, by accessing the Games in an unauthorized manner, playing with multiple accounts for the same Game, sharing accounts, using any techniques to alter or falsify a device’s location, changing your age in any Game, and selling or trading accounts;
violate any provisions of the Game Rules (if any);
violate any applicable laws or regulations or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software or cheats or hacks for the Games;
remove any copyright, trademark, or other proprietary rights notices contained in or on the Games;
otherwise attempt to interfere with the proper working of the Games;
encourage or enable any other person to do any of the foregoing.

Additionally, to ensure that the Games are a safe and welcoming space for all users, you agree to report to us any users that you believe are violating any of the foregoing prohibitions by emailing us at info@blendseason.com.

5 - Termination and Cancelation

This Agreement runs for an indefinite term. Either Party may terminate this Agreement at any time by giving 14-days notice (written or electronic communication, e.g. via e-mail, required).
You may also terminate this Agreement with immediate effect by deleting the Game from your device. If we have reasonable ground to believe that you are in material breach of this Agreement, we may suspend your access to our Game and/or terminate this Agreement.
Either Party may terminate this Agreement for cause without giving notice. The grounds for such termination for cause include material breach of these Agreement.
Upon expiry, you will no longer be able to access the Game that was the subject matter of this Agreement. Your in-game progress and any other Game-related data will be deleted. Only if we continue to operate the Game, you may again download the Game or access the Game whereby a new Agreement will start to run. However, any game-related data cannot be restored.
Although we are not obligated to monitor access to or use of the Games, we have the right to do so for the purpose of operating and updating the Games, to ensure compliance with these Agreement, and to comply with applicable law or other legal requirements.
We may (a) suspend your rights to use any Game, and/or any related services or (b) terminate this Agreement at any time for any reason at our sole discretion with or without notice to you, including if we in good faith believe you have violated the Agreement or any other provision of this Agreement. Without limiting the foregoing, we reserve the right to terminate this Agreement with any user who repeatedly infringes third-party copyright rights upon prompt notification to us by the copyright owner or the copyright owner’s legal agent.
Upon termination of this Agreement, your right to use the Game will automatically terminate immediately. You understand that any termination may involve deletion of your User Content associated therewith from our live databases. We will not have any liability whatsoever to you for any termination of this Agreement, including deletion of your User Content.

6 - Privacy

All personal information we collect through the Games is subject to our Privacy Policy.
YOU ARE RESPONSIBLE FOR REVIEWING, AND AGREE TO REVIEW our privacy policy. IF YOU DO NOT WISH TO REVIEW THOSE PRIVACY POLICIES OR IF YOU ARE CONCERNED ABOUT THE INFORMATION THEY MAY COLLECT, PLEASE DO NOT USE THE PRODUCT.

7 - User-Generated Content

User Generated Content (“UGC”) of a user means any and all content that such user provides, shares, uploads, distributes, or otherwise provides via any Game including communication with us or providing feedback to us. You are solely responsible for your UGC. You assume all risks associated with the use of your UGC including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your UGC that makes you or any third party personally identifiable. You hereby represent and warrant that your UGC does not violate this Terms & Conditions.
By providing, uploading, distributing, or otherwise using your UGC with any Game, you automatically grant to us, and you represent and warrant that you have the right to grant to us a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such UGC or incorporate such UGC content into any form, medium, or technology now known or later developed throughout the universe, and agree that we shall be entitled to unrestricted use of the UGC for any purpose whatsoever, commercial or otherwise, without compensation, notice or attribution. You waive and agree not to assert any moral or similar rights you may have in any of your UGC.
We have no obligation to monitor, approve, verify, or review any UGC that you and other users may contribute to or through the Games. We reserve the right (but have no obligation) to remove, block, edit, move or disable UGC for any reason in our sole discretion. To the maximum extent permitted by applicable law, we do not assume any responsibility or liability for your UGC or that of other users, or for any failure to monitor, edit, or remove UGC. You agree that you shall not hold us liable for any loss or damage arising from the contents of any UGC (yours or another user's) including without limitation in respect of any defamation, harassment, or false endorsement claims.

8 - Liability and Warranty Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SERVICES ARE PROVIDED “AS IS” AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER. WE WILL PROVIDE THE SERVICES WITH REASONABLE CARE AND SKILL, BUT DOES NOT MAKE ANY OTHER PROMISES OR WARRANTIES ABOUT THE SERVICES AND IN PARTICULAR DOES NOT WARRANT, CLAIM OR REPRESENT AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS.

WE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES AND OF THE CONTENT OF ANY SITES LINKED TO THE SERVICES; WE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (III) ANY BUGS, VIRUSES, TROJAN HORSES OR ANY OTHER SIMILAR SOFTWARE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (IV) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.

IN NO EVENT WILL WE, OUR SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS AND EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR OUR PRIVACY PRACTICES, ANY GAME, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, ANY GAME ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR OUR PRIVACY PRACTICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU’VE PAID US IN THE PRIOR 12 MONTHS (IF ANY). IN NO EVENT SHALL OUR SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

IF WE ARE UNABLE TO PROVIDE THE SERVICES AS A RESULT OF FORCE MAJEURE, WE WILL NOT BE IN BREACH OF ANY OF ITS OBLIGATIONS TOWARDS YOU UNDER THESE TERMS.

9 - Third Parties

The Product may enable, or require, access to other third party materials, services or web sites ("Third Party Materials"). Use of Third Party Materials may require additional terms of service. We have no obligation to review or monitor and do not approve, endorse, or make any representations or warranties with respect to Third-Party Services. You use all Third-Party Services at your own risk. When you access a Third-Party Service, the applicable third party’s terms and policies apply, including the third party’s privacy policies.

10 - Updates and Changes to the Terms

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. If you continue to use our Games, following the posting of revised Terms of Use, you are signifying that you accept and agree to the changes. You are expected to check this page from time to time, so you are aware of any changes.

11 - Updates and Changes to the Games and Unavailability of the Games

We reserves the right, at any time, to modify, suspend, or discontinue the Games or any part thereof with or without notice. You agree that We will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Game or any part thereof.

12 - Links to and from the Games

You may link to our Games, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

If the Games contain links to other sites and resources provided by third-parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

13 - Reliance on Information Posted

We do not warrant the accuracy, completeness, or usefulness of any information made available through the Games. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Games, or by anyone who may be informed of any of the contents of the Games.

14 - In-Game Purchases

If you make any in-game purchases, you agree that the terms and conditions and/or End User License Agreement (EULA) of the app store (e.g., Google Play Store, iOS App Store) through which you installed the game shall govern, and you will direct all communications relating to such in-game purchases to that app store. You understand that we may manage, regulate, control, modify, or eliminate virtual items for in-game purchases at any time, with or without notice to you. We may also revise the pricing for virtual items offered through in-game purchases at any time. Additionally, we may occasionally provide certain users with offers and discounts that could result in different amounts charged for the same or similar virtual items obtained through in-game purchases. You agree that such offers and discounts, unless also made available to you, shall have no bearing on your use of the services or payments charged to your account.

15 - Access to Games

You acknowledge and agree that you will provide at your own cost and expense the equipment, Internet or other connection charges, required to access and use the Services. We makes no warranty that the Service can be accessed on all personal computers, games consoles, smartphones, tablets or other devices, by means of any specific Internet or other connection provider, or in all countries.
YOU ARE SOLELY RESPONSIBLE FOR ANY THIRD PARTY COSTS YOU INCUR TO USE THE PRODUCT.

16 - Availability

Except as otherwise set forth herein and/or as otherwise required by applicable law, We do not guarantee that any Game or Game Content will be available at all times or at any given time or that We will continue to offer the Game or Game Content for any particular length of time. In addition, Games that may be accessed from, displayed on or linked to from a Device are not available in all languages or in all countries.

We make no warranty or representation regarding the availability of Game or Game features and reserves the right to modify or discontinue Game or Game features in its discretion with reasonable notice, including for example, ceasing an online service for economic reasons due to a limited number of users continuing to make use of the online service over time.

17 - Indemnification

You agree to indemnify, defend and hold harmless us and our affiliates, and their respective officers, directors, owners, agents, employees, contractors, information providers and licensors ("Indemnified Party", and collectively the "Indemnified Parties") from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Games.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

18 - Severability

If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

19 - Governing Law

All matters relating to the Games and these Terms & Conditions and any related dispute or claim will be governed by and construed in accordance with the internal laws of the Czech Republic, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms & Conditions or the Games must be instituted exclusively in the Czech Republic. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.