Grow Your Own Magical Garden

1. Agreement to Terms

By accessing and using BloomQuestGames' mobile game application BloomQuest ("Game") or website www.bloomquestgames.com ("Website"), you agree to be bound by these Terms of Service ("Terms"). If you don't agree to these Terms, you must not access or use the Game or Website.

2. Intellectual Property Rights

The Game and Website and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by BloomQuestGames, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Game and Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Game or Website.

3. User Representations

By using the Game or Website, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete.
• You will maintain the accuracy of such information and promptly update such registration information as necessary.
• You have the legal capacity and you agree to comply with these Terms.
• You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Game or Website.
• You will not access the Game or Website through automated or non-human means, whether through a bot, script or otherwise.
• You will not use the Game or Website for any illegal or unauthorized purpose.
• Your use of the Game or Website will not violate any applicable law or regulation.

4. User Registration

You may be required to register with the Game or Website. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. Prohibited Activities

You may not access or use the Game or Website for any purpose other than that for which we make the Game or Website available. The Game or Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Game or Website, you agree not to:

• Systematically retrieve data or other content from the Game or Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Make any unauthorized use of the Game or Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use the Game or Website to advertise or offer to sell goods and services.
• Circumvent, disable, or otherwise interfere with security-related features of the Game or Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Game or Website and/or the Content contained therein.
• Engage in unauthorized framing of or linking to the Game or Website.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Interfere with, disrupt, or create an undue burden on the Game or Website or the networks or services connected to the Game or Website.
• Attempt to impersonate another user or person or use the username of another user.
• Use any information obtained from the Game or Website in order to harass, abuse, or harm another person.
• Use the Game or Website as part of any effort to compete with us or otherwise use the Game or Website and/or the Content for any revenue-generating endeavor or commercial enterprise.
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Game or Website.
• Attempt to bypass any measures of the Game or Website designed to prevent or restrict access to the Game or Website, or any portion of the Game or Website.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Game or Website to you.
• Delete the copyright or other proprietary rights notice from any Content.
• Copy or adapt the Game or Website's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Game or Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Game or Website.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Game or Website, or using or launching any unauthorized script or other software.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Game or Website.
• Use the Game or Website in a manner inconsistent with any applicable laws or regulations.

6. Mobile Application License

6.1 Use License

If you access the Game via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms.

6.2 Device Requirements

The following requirements apply:

• You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

7. In-App Purchases and Subscriptions

The Game may include virtual items or currency that can be purchased with real money in the game. All virtual items and currency are licensed to you, not sold. When you purchase virtual items or currency, you are purchasing a limited, personal, revocable, non-transferable, non-sublicensable license to use those items in the Game.

All purchases made through the Game are final and non-refundable, except as required by applicable law. We reserve the right to control, regulate, modify, or remove any virtual items or currency at any time without notice.

8. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Game or Website ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

9. Game Updates and Maintenance

We may from time to time provide updates to the Game, which may include upgrades, bug fixes, patches, and other error corrections, or new features (collectively, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

10. Third-Party Websites and Content

The Game or Website may contain links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Game or Website or any Third-Party Content posted on, available through, or installed from the Game or Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

11. Site Management

We reserve the right, but not the obligation, to: (1) monitor the Game or Website for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Game or Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Game or Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Game or Website.

12. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy posted on the Game or Website. By using the Game or Website, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised the Game or Website is hosted in the United States. If you access the Game or Website from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Game or Website, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

13. Term and Termination

These Terms shall remain in full force and effect while you use the Game or Website. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE GAME OR WEBSITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE GAME OR WEBSITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

14. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Game or Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Game or Website. We also reserve the right to modify or discontinue all or part of the Game or Website without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Game or Website.

15. Governing Law

These Terms shall be governed by and defined following the laws of the United States. BloomQuestGames and yourself irrevocably consent that the courts of the United States shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

16. Dispute Resolution

16.1 Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms ("Dispute"), you and BloomQuestGames agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.

16.2 Binding Arbitration

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be three (3). The seat, or legal place, of arbitration shall be the United States. The language of the proceedings shall be English. The governing law of these Terms shall be the substantive law of the United States.

17. Corrections

There may be information on the Game or Website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Game or Website at any time, without prior notice.

18. Disclaimer

THE GAME OR WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE GAME OR WEBSITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE GAME OR WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE GAME OR WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE GAME OR WEBSITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE GAME OR WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE GAME OR WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE GAME OR WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GAME OR WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GAME OR WEBSITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

19. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE GAME OR WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

20. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Game or Website; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Game or Website with whom you connected via the Game or Website. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

21. User Data

We will maintain certain data that you transmit to the Game or Website for the purpose of managing the performance of the Game or Website, as well as data relating to your use of the Game or Website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Game or Website. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

22. Contact Us

In order to resolve a complaint regarding the Game or Website or to receive further information regarding use of the Game or Website, please contact us at:
BloomQuestGames
Email: contact@BloomQuestGames.com
Website: www.bloomquestgames.com