Terms of Service
B4T Terms Of Service
Last Updated: October 24, 2022
DISCLAIMATORY NOTE: THE INFORMATION THROUGH OUR TERMS OF SERVICE, PRIVACY POLICY AND SPECIFICALLY THE INFORMATION PROVIDED IN ‘SECTION 9 and 9.1’ IS BEING PROVIDED ‘AS-IS’ FOR THE PURPOSE OF GUIDANCE. NOTHING IN THESE STATEMENTS OR ANY OTHER DOCUMENT AND POLICY ON OUR WEBSITE SHALL BE CONSIDERED AS A LEGAL, MEDICAL OR PROFESSIONAL ADVICE AND AS A USER AND PLAYER OR OUR VIDEO GAMES YOU SHOULD ALWAYS DO YOUR OWN RESEARCH BEFORE TAKING ANY DECISION. IN ANY INSTANCE, THE B4T GAMES TECNOLOGIA LTD WILL NOT BE HELD LIABLE FOR ANY ACT (OR A RESULT OF THAT ACT) FOLLOWING ANY ACT OR DECISION YOU TAKE INCLUDING PLAYING ANY OF OUR GAMES. LIABILITY OF ANY KIND IS HEREBY DISCLAIMED NOW AND FOREVER BY THE OWNERS, CEO, AND ASSOCIATES OF B4T GAMES TECNOLOGIA LTD.
The following Terms of Service (“Terms”, “Terms of Service”, “B4T Games”) govern all use of our website, video games, platform, or any other services (collectively called “services”) of B4T Games, a project of B4T Games Tecnologia LTD a company based at Angelina Street, Balneário Camboriú, Brazil. Our services will be available through our website, as well as the number of third-party platforms where users have already access to such other third-party services. The third-party platforms include services of Sony, Microsoft, Apple, Google, Valve (for PC and steam), Meta, and Bytedance. These terms are directed towards you (“user”, “player”) and these terms are conditioned on your acceptance along with any other policies and documents available and posted through our website.
1. DEFINITIONS AND EXPLANATIONS
On our website the following terms shall have the following meaning:
a. “Agreement” means the acceptance of all terms and conditions of our website by the user/player of our games with B4T Games.
b. “Cancellation” means the cancellation of the service between the B4T Games and the user.
c. “EULA” means End User License Agreement as stated in section 3.
d. “Service” means the service attainable offered by B4T Games’ website and games store on any third-party platforms. This also include the game playing experience.
e. “Third Party Service Providers” and “Third Party Platforms” means the services through which our games can be accessed, downloaded and played.
f. “User” means the video game player who has downloaded, accessed and/or played our games. In these Terms of Service, the terms ‘user’, ‘player’ and ‘you’ have been used interchangeably to describe the person who has or going to play the games of B4T Games, access browse our website or use any of the services offered by B4T Games in anyway.
2. END-USER LICENSE AGREEMENT (“EULA”)
All the terms in our Terms of Service, our Privacy Policy, and any other information provided on and through the B4T games as well constitute an agreement between you and our company. For this purpose, this agreement shall be constituted as an End User License Agreement. The terms of this agreement and any other policies referenced or outlined in this Agreement shall apply to you as a user, player, visitor, or anyone who has used or played our video games in any way.
These terms also shall apply to all other content and services and products available at or through our website. All the terms on this website such as “we”, “us”, “our”, and “website” refer to the B4T Games and to the creator and copyright holder of our website. The information is available on this website to you (“user”, “registered member”) through these Terms of Service and conditioned on your acceptance of the terms, the policies, and everything else posted here. By visiting our website, player Reckless and using any of our services, you have engaged in our service, and you are bound by the terms and rules of the website. Read these terms carefully.
3. REQUIREMENTS
3.1 Age Requirement.You must be at least 13 years old in order to use our services. If you are under, you do not have permission to use our services unless you’ve obtained your parent’s or guardian’s permission. The games by B4T are augmented reality (AR) and virtual reality (VR) based and are not intended for players/users who are under the age of 13. Therefore, our services are strictly prohibited for all players who are under 13 years old. Furthermore, if you are above 13 and under 18 you must need your parents’ or guardians’ permission to use our services. You must also adhere to any other age-based limits and restrictions implemented by the platform through which you will be playing the games.
3.2 Not Barred By Law
You must otherwise not be barred by law from using a computer, the internet, or otherwise our website and video games for whatever reasons. This specifically includes people who have been convicted by a court of law for the illegal use of computers.
Personal Information Requirement By Third Party Services Providers
In order to provide the services for the users, they have to register with the services providers/platforms through which they will be accessing the games of B4T Games. Please read further about it in our Privacy Policy (https://b4t.games/pp/).
3.3 Automatic Information CollectionThere may be some automatic information gathering by the games/application of B4T Games depending on the platform which is normal for the games or application in order to function properly. Such information.
4. REGISTRATION AND ACCOUNT VERIFICATION
In order to play the B4T Games users have to register and verify their accounts along with their credentials with the platform from which they are accessing, downloading and playing the games. The users do not need to register with our website nor do they have to directly provide us with any of their information as described in our Privacy Policy.
As of now our games can be downloaded and played from the following platforms:
a. Apple App Store for Apple and iOS-based devices.
b. Meta for Facebook.
c. Google Play for Android-based devices.
d. PlayStation Store for PlayStation and PlayStation VR.
e. Steam for PC.
f. Microsoft Store for Xbox series consoles.
The users/players of our games are requested to comply with the terms and policies of the platform they are accessing. One user can access, download, and play our games from different platforms (for example they can play B4T Games from a PC and iPhone at the same time). However, users cannot sell, transfer or give access to their accounts. All users are also expected to follow the rules and regulations of the platform they are accessing to play our games. In addition, all users must provide accurate and complete information about themselves while they are registering with the relevant platforms.
Protection of Accounts
The users must take all the necessary measures to protect their account and login information. As we have stated above, we do not control the information related to the users’ accounts and nor do we store or process any of the personal data. Therefore, in case of any hack, steal or theft of users’ accounts we will not be responsible in any way. If you think your login information has been compromised or someone else is accessing your account please make sure to contact the relevant platform’s support admin so they can take necessary measures.
5.INTELLECTUAL PROPERTY GRANT OF RIGHTS
The source code, video games content, virtual merchandise, website logos, words, design, videos, samples, layout, graphics, photos, images, information, materials, documents, data, databases, and all other information and intellectual property accessible on or through our video games and website is B4T Games Tecnologia LTD’s property and is protected by Brazilian and International intellectual property and copyright laws. If you have downloaded and used our games and have accessed any of our services, program, products, or subscriptions or otherwise entered into a separate agreement with us you will also be subject to the terms of that agreement or those terms of use, which shall prevail in the event of a conflict.
5.1 Limited License
As per our EULA and these Terms of Service all users and players of our video game(s) and any additional purchased content are hereby granted a limited license to use the content and services within limits. Users and players of our video games can share, broadcast and live stream for profit through YouTube, Twitch, or any other streaming services within the limits of those streaming platforms. Users can also share the game’s clips on Instagram, Twitter and other social media platforms. You affirm, confirm and agree that you will not exploit any portion of our services and grant this limited license and you’ll not otherwise malign, defame or otherwise use slanderous remarks regarding our game or company.
5.2 User Feedback And Content
You hereby grant to B4T Games and its respective licensees, employees, affiliates, partners, social media platforms and any other associates a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, transferable, sublicensable right and license to broadcast, publish, distribute and transmit publish, (i) your feedback and (ii) your username (iii) your user content or other information, in any manner to be determined in the B4T Games’ sole discretion. It is worth notifying that our company will have no obligation to credit anyone for any of the usages of the information, feedback or content and that all the material used through our website or any of our games will remain our property.
6. PAYMENT FOR EXTRA PURCHASED IN IN-GAME CONTENT
Although our games are completely free to play and install on your device(s), there are certain features and content that can be unlocked/accessed through in-app purchases. Any in-app (or in-game) purchases are subject to the payment gateways implemented by the platform you are using to play the games. We do not collect or take direct payment for any features or additional content of the games. In addition to the rules by the relevant platforms and their implemented gateways, by playing our games users hereby submit, affirm and confirm that they will pay full price of the feature that they are trying to access and will provide the credit card or any other payment information that they have been authorized to use. In any case, the platform through which you have paid for the in-game purchases has the right to revoke, prevent or terminate your access to any additional content or your purchased additional feature should you break any rules.
6.1 Taxes and Additional Charges
Any additional charges or taxes on any content that you have decided to purchase are your responsibility. There may be certain charges that may include (but are not limited to) state tax, withholding tax, advance income tax, internet surcharge, credit card surcharge, debit or credit card fees, levies implemented by the payment or platform or any other form of charges.
6.2 Refund Policy
A refund can be defined as the user’s request to receive the amount he has paid for an item or service. Since our in-app purchases, additional contents or any other materials are available instantly due to their digital nature and these products will be in the possession of the users forever since these purchases, content or materials cannot be returned back therefore there are NO REFUNDS on the any of purchases once the order has been processed and additional feature or content has been made available to the user. However, If due to some technical problem or difficulty or otherwise any problem (subject to verification by B4T Games with the third party service provider) you are unable to get the additional feature that you have paid for, you will receive the refund in accordance with the refund policy of the platform you have used for your payment.
7. YOUR OBLIGATIONS AS PLAYER AND USER OF B4T GAMES
You as a user of our services hereby agree to follow all the terms of our website and the third-party services providers. In addition, you agree and acknowledge to be bound by the following.
a. You are solely responsible for your actions while playing games by B4T Games, as well as any repercussions thereof. You agree to use our services only for legitimate, appropriate, and in compliance with the terms and any relevant laws or regulations.
b. You must not reproduce, duplicate, copy or resell any part of our video games, software, digital tools, our website or any content offered through or from our website, save and except to the extent expressly permitted in these Terms of Service or any other Contract/Agreement we may enter.
c. You agree that you are at least 13 years or older.
d. You also agree that if you are over 13 but under 18 you have acquired the consent of your parent or guardian to play our games.
e. You agree that you will not, without our prior written consent, access, interfere with, damage or disrupt in any way our video game(s), website, systems, any of our hardware or equipment, or any networks on which our website is hosted, any tool, game or software that we use to create or modify the website or to make the website available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.
f. You must use our services for lawful purposes only and in accordance with these Terms and Policies.
g. You will not conduct any unsolicited or unauthorized advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with, or market to anyone any goods, services, or business not authorized by us.
h. You must not in any way or for any purpose breach these Terms of Service or any of the documents these Terms refer to.
i. You agree that you will not post, distribute, issue, or send any content or communication, either knowingly or in a grossly negligent manner, that contains false, misleading, or deceptive information, misinformation, or rumor, or that you do not have the right to communicate because of any law or contractual obligation.
j. You will not violate, circumvent, reverse-engineer, decompile, disassemble, Intercept, interfere with, or otherwise tamper with any of the security technology, crack any encryption codes, interfere with or remove or alter any rights, management information, or transfer or store any illegal materials, or attempt or assist another person in doing any of these things on or about our website.
k. Break or infringe any copyright, trademark, or any other intellectual property law in any way or manner that may harm us now or in the future of our business.
l. You agree and accept that the games may cause motion sickness, dizziness, vertigo, nausea, and/or seizure in some people. By playing our game you accept full responsibility.
m. Any risks associated with your device’s hardware, software, or equipment malfunctions will be your responsibility.
8. VIRTUAL REALITY (“VR”) AND AUGUMENTED REALITY (“AR”) GAMES DISCLAIMER
As the name suggests Virtual Reality (VR) and Augmented Reality (AR) games are types of games that are somewhat closer to reality. The surround sounds, 3d atmosphere, angles of the games and general game-playing features can make the game player think that he/she might be actually in the place. Therefore, while playing the games make sure that you will use the games created by B4T Games at your own risk. You will make sure that you will be aware of your surroundings and try to avoid the game in areas with sharp edges or areas which contain dangerous equipment. You agree that you will take full responsibility for the sensitive equipment around you and you agree that any harm or damage that might be caused to any equipment (such as TVs, monitors, persons, glass, phones, pets, or any other equipment) will be your responsibility. In addition, you take full responsibility for your actions and you agree, acknowledge and confirm that you will not bring any lawsuits against B4T Games for any accidents, damage or harm to the property, pets, persons or equipment that may occur while you are playing the game. By playing any of the games by B4T Games you hereby accept and take full responsibility and forever disclaimer our website, company, its CEO, team and staff members and anyone associated with the company forever against all liabilities.
8.1. Seizure, Vertigo And Motion Sickness Warning
Gaming through VR and AR is a highly immersive experience and can impact and affect the visual, hearing and thinking of the players. Therefore, it is possible that in some people the game may cause motion sickness, headaches, vertigo, nausea and seizures. This can even happen in players who had never experienced any such instance. Please note that instances like vertigo, motion sickness and vertigo are common in all VR or AR games and in no way shall the B4T Games be responsible for any such instance that you may suffer due to playing any of our games. If you think you might have any such issue, please refrain from playing VR Games.
9. THIRD-PARTY SERVICES PROVIDER DISCLAIMER
Please note that we do not own or control any third-party services provider. These service providers include Google, Apple, Sony, Microsoft, Meta, Bytedance and Valve. By playing our games and using any of our services, you hereby agree and understand that your use of any third-party platform is subject to the rules, terms and policies of such other third party’s website. In order to know about the rules and policies of third-party services providers, you should make sure to read the policies and rules of those websites. We will not be responsible for the acts or omissions of any third-party service providers. We will also not be held responsible for any loss and/or damage that you may suffer as a result of your transactions with any such third-party services providing platform.
10. THIRD-PARTY LINKS DISCLAIMER
Our games and website may contain third-party links including links to products, e-commerce websites, and other games or services. Please note that any such links are displayed automatically through the advertisement program we are running and we may not be able to review such third-party links. We are also not responsible for the content, postings, legality, images or accuracy or such third links. As a user of our games, you hereby understand that, except for information, products, or services clearly identified as being offered by B4T Games we do not operate, control, or endorse any information, products, or services on the Internet in any way. Except for information identified by our website as such, all information, products, and services offered through our website or on the Internet generally are offered by third parties that are not affiliated with our website, and we may be compensated. You also understand that we cannot and do not guarantee or warrant that any links you decide to visit will be free of infection or viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for the accuracy of data input and output, and for maintaining a means external to our website for the reconstruction of any lost data. All users/players should visit or click any such links at their own risk and should only download or buy anything from the linked website after doing thorough research. B4T Games will not be held liable to any user for anything regardless of how any such user ended up getting to the third-party website. The liability of any kind is disclaimed by B4T Games Tecnologia LTD regarding any content related to any third-party link.
11. CONDUCT AND AUTHORITY OF OUR WEBSITE
Without limiting any of those representations or warranties, the CEO, Admin and the owner of B4T Games Tecnologia LTD have the right to do the following without giving any notice. The owners have the right to refuse or remove any game or additional feature without giving any notice. The owners and CEO have the right at their own discretion to terminate or deny access to and use of the services to any individual or entity for any reason. Breach of any of the rules described in these rules and terms stated in these ToS or any specific agreement on and through our website will result in an immediate ban without any warning.
12. CONTENT DISCLAIMER
The video games developed by B4T Games may also contain forms of violence, mild or strong language, and/or suggestive themes and may not be appropriate for children under 16. Therefore, discretion is advised. Furthermore, our company, website and our admins have no control over the players and how and when they play the game, and under whose supervision they are at any given moment. We do not collect any information ourselves and our services are available as-is for the users/players who have accessed our games through third parties and like any other online platform, the information can be faked. Thereby, we will not be held responsible for any lawsuits, legal proceedings or claims which may result from the content of the games.
13. ACCURACY DISCLAIMER
We have made every effort to display as accurately as possible the colors and images of the images and screenshots of the games posted on the pages and social media platforms. Moreover, players of our games can upload gameplay videos or screenshots of their own on different platforms (such as YouTube, Facebook, Instagram, Twitter, Discord, etc). We cannot guarantee that your computer monitor’s display of any color with regards to the actual color of the actual games and content available on our platform will be accurate. We reserve the right but are not obligated, to limit the publication of such images to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of images, photos, and pictures are subject to change at any time without notice, at our sole discretion.
14. LIMITATION OF LIABILITY
In no event will the owners, staff, or affiliates of B4T Games Tecnologia LTD be liable with respect to any subject matter of the services, games, and terms of our website or company under any contract, negligence, strict liability, or other legal or equitable theory for anything that a user/player might do the website or the games(s). We are not responsible for third parties that may cause damage to you. Thereby, In no case shall the owners, staff, team members, officers, employees, affiliates, agents, contractors, interns, service providers or licensors of B4T Games Tecnologia LTD be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
We will be not responsible for any disruptions of services that may have been caused by an event that is considered a force majeure event. Such events include strikes, lockdowns, fires, floods, hurricanes, or any events that are beyond our control.
15. INDEMNIFICATION
You agree to indemnify, defend and hold harmless B4T Games Tecnologia LTD (website and company), the CEO, the owner(s), staff, team members, officers, employees, affiliates, agents, contractors, interns, service providers or licensors, harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these terms of service or the documents they incorporate by reference or your violation of any law or the rights of a third party.
16. GOVERNING LAW
Any disputes or arbitration for any reason related to B4T Games’ services shall be treated as though executed, set in force, and performed in the city of Balneário Camboriú. Accordingly, all disputes shall be governed and construed in accordance with the laws of Brazil in terms of those applicable to agreements, without regard to conflict of law principles.
17. DISPUTES
Any cause of action by you with respect to our services provided through B4T Games’ services and games must be instituted within one (1) month after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in these Terms of Service. Any legal claim arising out of or relating to these Terms of Service or our website, excluding intellectual property right infringement and other claims by us, shall be settled confidentially through mandatory binding arbitration per ‘The Brazilian Arbitration Act’s rules. The arbitration shall be conducted in Balneário Camboriú. Each party shall bear one-half of the arbitration fees and costs incurred, and each party shall bear its own lawyer fees. All claims shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
18. MODIFICATION
Neither the course of conduct between the parties nor industry trade practice shall act to modify any provision of this Agreement
19. ASSIGNABILITY
Our website may assign its rights and duties under these Terms of Service to any party at any time without any prior notice.
20. CONTRA PROFERENTEM
The language in these Terms of Service shall be interpreted as to its fair meaning and not strictly for or against anyone. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party (i.e. – “contra proferentem”) shall not apply in interpreting these Terms of Service, as the Terms shall be construed as having been co-authored by all parties.
21. SEVERABILITY
Should any part of these Terms of Service and Conditions of Use be held invalid or unenforceable, that portion shall be construed as much as possible consistent with applicable law and severability shall apply to the remaining portions so that they remain in full force and effect.
22. WAIVER
Our failure to enforce any provision of these Terms of Service and Conditions of Use shall not be deemed a waiver of the provision nor of the right to enforce the provision. Our rights under these Terms of Service shall survive any termination of this agreement. Any rights not expressly granted herein are reserved to our company.
23. CHANGE NOTICE:
As with any of our administrative and legal notice pages, the contents of this page can and will change over time. Accordingly, this page could read differently as of your very next visit. If this page is important to you, you should check back frequently as no other notice of changed content will be provided either before or after the change takes effect.
24. COPYRIGHT WARNING:
If you have a reason to believe that your copyrighted work has been used in any of our services and, in our games or on or anywhere on our website that constitutes copyright infringement, please provide us information according to the method stated below. This procedure has been drafted in accordance with the Digital Millennium Copyright Act (“DMCA”).
All infringement notifications must be submitted in writing to our DMCA Agent at the email address listed below, and must include the following:
a) Any kind of Identification of the infringed copyrighted work(s).
b) Identification of the material or link allegedly hosting the infringing content.
c) Details of the owners whose copyrighted work is being infringed. Details may include information such as mailing address, e-mail address, and telephone number.
d) The authorization statement of the claimant with the following wording:
(i) “I hereby state that I have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law,” and
(ii) “I hereby state that the information in this Notice is accurate and under penalty of perjury, that I am the owner or am authorized to act on behalf of the owner of the copyright that is allegedly infringed;”
e) The full name and electronic or physical signature of the copyright owner or the copyright owner’s agent.
DMCA Agent of B4T Games
25. QUESTIONS/COMMENTS/CONCERNS
If you have any questions about the contents of this page, or simply wish to reach us for any other reason, you may do so by using our contact information. contact@b4t.games.