Terms and Conditions of use

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Bit Fat Games (“BFG Team” or “we”) is engaged in software development and publishing makes the digital content propriety available to you (“you” and “User”): games and other interactive and/or entertainment content.

1. Acceptance of terms and conditions.

1.1. Acceptance of these Terms and Conditions of Use (“Terms”) creates a binding agreement between you and BFG Team (the “Agreement”) and regulates the use of Games, and other services, such as forums and support systems (collectively, our “Services”).

1.2. By accessing one of our Games through any of our platforms, registering in our systems or launching our Games, your accept these Terms and our Privacy Policy, which is incorporated herein. Your relationship with BFG Team will be subject to these and only these Terms and our Privacy Policy.

1.3. Some of our products are designed for adults only (e.g. Magissy). By signing these Terms you confirm that you are of legal age under the laws of your country. If you don't meet the age requirement, you may play our Games only if you have been granted a proper consent by parent(s) or legal guardian who thereby subject to these Terms. Moreover, we block access to our Games for under age Users, if we receive such request from your parent(s), legal guardian or state authority. We are not responsible if our Games were used by under age people.

1.4. BFG Team reserves the right at any time to modify these Terms and Privacy Policy. You should check our web-site https://magissy.com/forum/legal for the new versions periodically. If you object a new version of Terms, you may terminate the Agreement by contacting us through magissy@gmx.de support mail.

1.5. Certain people may experience a seizure while watching certain monitor images, including flashing lights or patterns that may appear while playing video/online games. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause photosensitive epileptic seizures while playing video games. These seizures may have a variety of symptoms, including lightheadedness, dizziness, altered vision, eye or face twitching, jerking or shaking of arms or legs, disorientation, confusion, or momentary loss of awareness, loss of consciousness, involuntary movement or convulsion. Please immediately stop playing and consult a doctor if you experience any of these symptoms.

1.6. You agree that BFG Team may collect and use technical data and related information, including but not limited to, technical information about your device, system and application software updates and peripherals. Which is gathered periodically to facilitate the provision of software updates, product support, and other services to you, (if any) related to the Games. The gathering such information does not personally identify you.

2. Intellectual property and license

2.1. BFG Team grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access our Games for your non-commercial entertainment use only. Your license confers no title or ownership in the Games, they are licensed, not sold, to you. Your license to each Game that your access is subject to your prior acceptance of these Terms. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted in these Terms. You agree not to modify, rent, lease, loan, sell the Games in any manner. Any attempt to do so is a violation of the intellectual property rights. You may not use our Game content, which includes (but not limited) artworks, music, trade dress, codes, characters without our prior written consent, The foregoing grant of license shall be automatically revoked as of the moment that you any of the foregoing conditions are no longer met by you.

2.2. 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 penalties, including possible monetary damages. Games and all associated content, are reserved to their respective owners – BFG Team members, who are listed at patreon website. Games and all associated content are protected by Russian and International copyright, design, patent and trademark laws, international conventions, and other laws protecting intellectual property and related property rights. You may not copy or download any content of our Services, unless we expressly authorized you to do so. You may not remove, obscure, or alter copyright, patent, trademark, or other proprietary rights.

2.3. We agree to enable you to contribute User generated content (UGC) – photos, music, artwork and texts, and in exchange, when you contribute UGC to us, you expressly grant to BFG Team a non-exclusive, perpetual, royalty free, worldwide, complete and irrevocable right to quote, use, reproduce, modify or by other ways use your content. You grant us all licenses, consents and clearances to enable BFG Team to use UGC for such purposes.

2.4. The parties of this agreement will encourage the prompt and equitable settlement of all controversies or claims between the parties. The parties agree to negotiate their differences directly and in good faith for a period of no less than thirty (30) days after receiving written notification of the existence of a dispute over intellectual property rights. The notifications shall be sent at magissy@gmx.de support mail. If a dispute is not resolved in the period of 30 days, then the dispute shall be settled in Russian courts. All disputes over intellectual property resolves under Russian laws.

3. Disclaimers and limitation of liability

3.1. To the maximum extent permitted by law: the services are provided “as is” and used at your sole risk with no warranties. BFG Team 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. BFG Team 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.

4. General

4.1. These terms, along with our Privacy Policy constitutes the entire agreement between you and BFG Team with respect to your use of the Services.

4.2. You may not assign these Terms or any rights or obligations contained herein. BFG Team may, without prior notice, assign these Terms or any rights or obligations contained herein to any third party.

4.3. If any provision of these Terms is held by a court to be invalid or unenforceable, such provisions can not be used, validity and enforceability of the remaining provisions shall not be affected.

4.4. BFG Team`s failure to exercise, or delay in exercising, a legal right or remedy provided by these Terms, or by applicable law, shall not constitute a waiver of BFG Team`s right or remedy.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND ALL RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN, BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO USE THE USE SERVICES YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS AND CONDITIONS AND GRANT BFG Team THE RIGHTS SET FORTH HEREIN.

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