Blu Fantasy Online LLC| Development & Gaming Service Company all copyrights reserved.

TERMS OF SERVICE

ACCEPTANCE OF THE TERMS OF SERVICE

THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) APPLY TO YOUR USE OF THE WEBSITES OF Blu Fantasy Online LLC. AND ITS AFFILIATES (“BFO”, “WE” “US” OR “OUR”), INCLUDING ANY CONTENT, FUNCTIONALITY, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH SUCH WEBSITES (COLLECTIVELY, THE “WEBSITE”), WHETHER AS A GUEST OR A REGISTERED USER. THESE TERMS ALSO APPLY TO YOUR USE OF OTHER BFO SERVICES THAT DISPLAY OR INCLUDE THESE TERMS (“ADDITIONAL SERVICES”). IN THESE TERMS, THE WEBSITE AND ADDITIONAL SERVICES ARE COLLECTIVELY REFERRED TO AS THE “SERVICES.”

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE SERVICES. BY USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF SERVICE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF SERVICE, YOU MUST NOT USE THE SERVICES. IN PARTICULAR, WE WANT TO HIGHLIGHT SOME IMPORTANT TERMS, POLICIES, AND PROCEDURES IN THESE TERMS. BY ACCEPTING THESE TERMS:


1. You are also agreeing to other BFO rules and policies that are expressly incorporated into and a part of these Terms. Please read them carefully:
Our Privacy Policy explains what information we collect from you and how we protect it.

2. You and BFO agree to resolve disputes between us in individual arbitration (not in court). We believe the alternative dispute-resolution process of arbitration will resolve any dispute fairly and more quickly and efficiently than formal court litigation. We explain the process in detail below, but we’ve put this up front (and in caps) because it’s important:

THESE TERMS CONTAINS A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION. IF YOU ACCEPT THESE TERMS, YOU AND BFO AGREE TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION, AND BFO AGREES TO PAY YOUR ARBITRATION COSTS FOR ALL DISPUTES OF UP TO $10,000 THAT ARE MADE IN GOOD FAITH (SEE BELOW).

TO ENTER INTO THE CONTRACT CREATED BY THESE TERMS, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE.  YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS USING OR ACCESSING OUR SOFTWARE, INCLUDING THE ACTIONS OF ANYONE YOU ALLOW TO ACCESS TO YOUR ACCOUNT. YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY, UNDERSTAND AND ACCEPT THESE TERMS (INCLUDING ITS DISPUTE RESOLUTION TERMS).  IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THESE TERMS.

In addition to these Terms, software or services that are included in or otherwise made available to you through the Services may be subject to separate agreement between you and BFO, such as end user license agreements. If these Terms are inconsistent with any such agreements, those agreements will control.

PRIVACY NOTICE

Please review our Privacy Notice found at  https://www.blufantasyonline.dev?open=privacy-policy, which also governs your use of the Services, to understand our practices.


CHANGES TO THE TERMS OF SERVICE

We may update these Terms from time to time; you should check this page regularly to take notice of any changes. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.

ACCESING THE SERVICES AND ACCOUNT SECURITY

We may withdraw or amend the Services, and any related service or content, or restrict access (including by means of cancellation, termination, or modification, or suspension of a user account) to all or certain users (including you) without notice and without liability to you in our reasonable discretion. Additionally, due to your geographic location, the Services or some of their features, services, or content may be unavailable to you.  Notwithstanding anything to the contrary herein, we may terminate or suspend access to the Services based on your breach of these Terms.

To access certain Services, you will be asked to provide registration details or other information, and in order to use such resources, all the information you provide must be correct, current, and complete. From time to time, in order to access the Services or certain games, services, or functionality, BFO may require some or all users to download updated or additional software. The terms of use of such software may be subject to separate agreement between you and BFO.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential (other than user name), and you must not disclose it to others. You must immediately notify BFO (via piracy-support@blufantasy.online) of any unauthorized use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may only access the Services through your own account. Users do not own their accounts, and gifting or otherwise transferring of accounts or access keys is prohibited.

We reserve the right to change your display name if we deem it offensive, misleading, potentially infringing the rights of third parties or if you have been inactive for more than a year.

Photosensitivity:  Certain people may react to certain visual images or patterns, including flashing lights (regardless of whether they have a diagnosed condition or history). Reactions may be reduced by playing in a well-lit room, avoiding playing while drowsy, viewing the game from some distance or on a smaller screen, and limiting duration of use. 



INTELLECTUAL PROPRERTY RIGHTS

The Services, including all content, features, and functionality thereof, are owned by BFO, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, and other intellectual property or proprietary rights laws.

You are permitted to use the Services for your personal, non-commercial use only or legitimate business purposes related to your role as a current or prospective customer of BFO. Except as provided below, you must not copy, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material obtained through the Services, or delete, or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services. However, if you are otherwise in compliance with these Terms, you are permitted to use, elsewhere and on other websites, an unaltered copy of portions of the content that is publicly available on the Website for the limited, non-commercial purpose of discussing such content.

You must not reproduce, sell, or exploit for any commercial purposes any part of the Services, access to the Services or use of the Services or any services or materials available through the Services. BFO’s Fan Content Policy governs non-commercial use of such content.

For clarity, the foregoing permissions are limited to the Services, and no rights are granted with respect to any servers, computers, or databases associated with the Services.


BILLING, PAYMENT, AND BFO ACCOUNT BALANCE

As used in this Section, if your primary residence is in the United States of America, then the term “BluRPG” means BluRPG Studios, otherwise the term “BFO” means Blu Fantasy Online LLC, acting through its Swiss branch. ALL CHARGES INCURRED IN CONNECTION WITH THE SERVICES AND ALL FUNDS PLACED IN THE BFO ACCOUNT BALANCE ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART, REGARDLESS OF THE PAYMENT METHOD, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OR AS REQUIRED BY APPLICABLE LAW. Through the Services, BFO may make available a prepaid balance service (“BFO Account Balance”). Your BFO Account Balance may only be used to obtain certain products and services offered by BFO (excluding the BluRPG Store found at https://www.blufantasyonline.dev/blurpg-market). To access the BFO Account Balance you may be asked to provide registration details, including without limitation a Payment Method (defined below) and related billing address. BFO may offer you the ability to use the following payment methods to place prepaid funds into your BFO Account Balance: credit card, prepaid payment card, promotional code, or any other payment method as specified by BFO(“Payment Method”). Any promotional code provided to you by BFO for use as a Payment Method may be subject to additional terms and conditions associated with the promotion, offer, or coupon. When you provide a Payment Method to BFO for use in connection with the BFO Account Balance, you represent to BFO that you are the authorized user of the Payment Method, and you authorize BFO to charge your Payment Method for any BFO Account Balance funds or other fees incurred by you. If your use of the BFO Account Balance is subject to any sales or other taxes, then BFO may also charge you for those taxes. You are responsible for all uses of your BFO Account Balance, including all applicable taxes and all purchases made by you or anyone else using your BFO Account Balance.

Within any twenty-four (24) hour period, the total amount stored in your BFO Account Balance plus the total amount spent out of your BFO Account Balance, in the aggregate, may not exceed US$2,000 or its equivalent in your local currency. BFO reserves the right to change, modify, or otherwise impose usage limits to your BFO Account Balance at any time, in its sole discretion.

BFO Account Balance funds do not constitute a personal property right and have no value outside the Services. If you are refunded for an item purchased using BFO Account Balance funds, BFO will return the funds to your BFO Account Balance. BFO Account Balance funds are non-transferable to another person and do not accrue interest.

BFO reserves the right to suspend or terminate your BFO Account Balance if after investigation BFO determines in its sole discretion that you misused the  Account Balance, conducted unauthorized BFO Account Balance transactions from another user’s BFO Account Balance, or used the BFO Account Balance to conduct any fraudulent or other illegal activity. In the event that your BFO Account Balance is terminated or suspended in accordance with these Terms for reasons other than fraudulent or other illegal activity, BFO will return your remaining BFO Account Balance less any charges, fees, or other amounts owed to BFO. Otherwise, BFO Account Balances are not refundable and are not redeemable for money or monetary value from BFO or any other person or entity. BFO Account Balances that are deemed unclaimed property may be surrendered to the applicable authority, as required by applicable law.


PROHIBITED USES

You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to access or use the Services for any purpose that is illegal or beyond the scope of the Services’ intended use (in BFO’s sole judgment).


USER CONTRIBUTIONS

The Services contain various forums, networks, and other interactive features that allow you to post, submit, publish, display, or transmit to BFO and other users (“Post”) content or materials (“User Contributions”) on or through the Services.

All User Contributions must comply with the following content standards: User Contributions must not be illegal, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and must not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.”

Any User Contribution that you Post will be considered non-confidential and non-proprietary, and you grant BFO a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Contribution throughout the world in any media; however, BFO will only share personal information that you provide in accordance with BFO’s Privacy Policy.  

You represent and warrant that you own or otherwise control all of the rights to the User Contributions that you Post at the time of Posting; that the User Contributions are accurate and not fraudulent or deceptive; and that the User Contributions do not violate these Terms or the rights (intellectual property rights or otherwise) of any third party, and will not cause injury to any person or entity. You understand that your User Contributions may be copied by other Services users and discussed on and outside of the Services, and if you do not have the right to submit User Contributions for such use, it may subject you to liability. BFO takes no responsibility and assumes no liability for any content Posted by you or any third party.

BFO has the right but not the obligation to monitor and edit or remove any User Contributions. BFO also has the right to terminate your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms. BFO may exercise these rights at any time, without notice or liability to you or any third party.


LINKING

You may link to publicly available portions of the Services if you do so in a way that is fair and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. The Services must not be framed on any other website or service. We reserve the right to withdraw linking permission without notice.

If the Services 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.



DISCLAIMERS AND LIMITION OF LIABILITY

Nothing in these Terms will prejudice the statutory rights that you may have as a consumer of the Services.  Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions.

The Services and all information, content, materials, products (including software), and other services included on or otherwise made available to you through the Services are provided by BFO  on an “as is” and “as available” basis. BFO makes  representations or support of any kind, express or implied, as to the operation of the Services, or the information, content, materials, products (including software), or other services included on or otherwise made available to you through the Services. You expressly agree that your use of the Services is at your sole risk. To the full extent permissible by law, BFO disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. BFO does not warrant that the Services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the Services, BFO’s servers, or electronic communications sent from BFO are free of viruses or other harmful components.
 
To the full extent permissible by law, BFO will not be liable for any loss of profits or any indirect, incidental, punitive, special or consequential damages arising out of or in connection with this these Terms. Further, to the full extent permissible by law, BFO’s aggregate liability arising out of or in connection with these Terms will not exceed the total amounts you have paid (if any) to BFO under this Agreement during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.


INDEMNIFICATION

This section only applies to the extent permitted by applicable law.  If you are prohibited by law from entering into the indemnification obligation below, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation below. 

You agree to defend, indemnify, and hold harmless BFO, its affiliates, and licensors, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) resulting from your User Contributions or violation of these Terms.

GOVERNING LAW AND JURISDICTION

Any dispute or claim by you arising out of or related to these Terms shall be governed by Arizona law, exclusive of its choice of law rules.  For any disputes deemed not subject to binding individual arbitration, as provided in the section immediately below, you and BFO agree to submit to the exclusive jurisdiction of the Superior Court of PIMA County, Arizona, or, if federal court jurisdiction exists, the United States District Court for the Southern District of Arizona.  You and BFO agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s rights to remove a case to federal court if permissible), as well as any right to a jury trial.  The Convention on Contracts for the International Sale of Goods will not apply.  Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to these Terms.  This paragraph will be interpreted as broadly as applicable law permits. 


BFO PRODUCTS STORE REFUND POLICY
Don’t like what you bought? Read on for how to return your purchase for a refund.  If you’ve recently made a purchase through the BFO Store and want a refund, you’re in the right place. Below you’ll find all the info on what you can refund, when you can refund, and how to begin the process.

When are products eligible for a refund?
Games and products are eligible for refund within 7 days of purchase if they are marked as “refundable” or “self-refundable”. However, you must have less than 2 hours of runtime on record. Products that include virtual currency or other consumables and products or games that are marked as “non-refundable” are not eligible for refund.

You will not be eligible for refunds for games or products from which you have been banned or for which you have otherwise violated the terms of service. In addition, you may not be eligible for refunds if BFO determines that you are abusing the refund policy.

How can I request a refund?
For purchases marked “self-refundable”, you can refund the item online by yourself. Sign into your account on our website, click the Account dropdown on the top right of the store, go to the Transactions tab and click the game title. If the game is eligible for a self-service refund, please click the “Refund” button to start the refund process.

For purchases marked “refundable” or if you have questions about the refund process, you can request a refund by clicking “Contact Us” on our BFO Store and submitting a refund request. 

What about pre-purchases?
You may cancel your pre-purchase and get a refund at any time before the official release date set by the publisher/developer on the BFO Store. After the game is released, you may request a refund within 7 days if you have less than 2 hours of runtime on record.

What if a product I recently purchased goes on sale?
You can refund your purchase for a full refund and immediately re-purchase the product as long as it abides by the above guidelines. We do not consider this to be refund abuse.

If BFO determines you are abusing the refund policy, you may not be eligible for refunds. The policy exists so you can purchase with comfort and make sure you only spend on the stuff you want to pay for and play!


WAIVER AND SERVERABILITY

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

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.