Terms of Service
Last modified: 21 March 2024
BURNY GAMES LTD | TERMS OF SERVICE
THIS TERMS OF SERVICE govern your relationship with BURNY GAMES LTD regarding your use of BURNY GAMES’s games, mobile applications, and other related services (“Services”) provided by BURNY GAMES.
IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT USE THE SERVICE.
Your Acceptance
By downloading the app and utilizing the Services, these terms will be automatically applicable to you.
You are also consenting to the collection, use, and disclosure of your information as described in our Privacy Notice at burny.games/privacy-policy, which is incorporated herein by reference in its entirety.
Changes
BURNY GAMES reserves the right to change or modify these Terms of Service at any time in its sole discretion. If you object to any change or modification, your sole recourse shall be to cease using the Service.
YOU AGREE THAT BURNY GAMES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CHANGE OR MODIFICATION TO THESE TERMS OF SERVICE.
Relationship to other Agreements
If you download/purchase the apps via a mobile platform such as the AppStore, Google Play, or Amazon Appstore, please ensure to review the terms and conditions specified by the respective platform owner. These may entail additional obligations concerning the download, installation, and usage of the apps through the designated mobile platform.
Ownership & License
BURNY GAMES retains full ownership and rights over the Service, including all its content, such as games, titles, computer code, characters, artwork, and audio-visual effects. This encompasses any data or material generated within the Service, including in-game chat transcripts and recordings of gameplay.
All content within the Services is owned by BURNY GAMES, and users acknowledge that they have no ownership or rights to any virtual goods, virtual currency, or other attributes associated with their account. Users further acknowledge that BURNY GAMES retains exclusive ownership of all accounts.
BURNY GAMES grants you a worldwide non-exclusive, non-transferable, non-sublicensable, and personal license to install and/or use the Services, for personal and non-commercial purposes, subject to compliance with the Terms of Service.
Without explicit written permission from BURNY GAMES, users may not reproduce, distribute, modify, or engage in any unauthorized use of BURNY GAMES' intellectual property.
If you provide us with comments, suggestions, or feedback about, or in connection with, the Service, you agree that such feedback shall be the exclusive property of BURNY GAMES, and you hereby assign all rights, title, and interest in and to such feedback to BURNY GAMES.
Your Content
Your content, created and shared on the Service is not treated as confidential; you acknowledge that it will not be returned to you.
By using the Service, you grant BURNY GAMES an extensive license to utilize, modify, distribute, and exploit your content worldwide. BURNY GAMES is not obligated to monitor or enforce your intellectual property rights in your content.
BURNY GAMES doesn't have to monitor the Services for inappropriate content or users' behavior, and it's not responsible for them. You're accountable for your interactions, and BURNY GAMES does not approve user-provided information or materials.
Restrictions of Use
You agree to not use the Service to transmit, make available, or otherwise promote or support any unlawful actions.
BURNY GAMES reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the spirit of the Services and to take action – up to and including termination of your account and exclusion from further participation in the Services.
Free and Paid Virtual Currency and Virtual Goods
You can earn or buy virtual currency and virtual goods in the game.
Ownership and Use. You have a limited license to use virtual currency and virtual goods within the games or Services only.
Transfers. You can't transfer virtual currency and virtual goods to others unless the game allows it. You can't sell or transfer virtual currency and virtual goods outside the game or Services.
Entertainment Use Only. Virtual currency and virtual goods are for fun; they have no real-world value.
Forfeiture on Termination. If your account is terminated, you lose virtual currency and virtual goods.
Finality of Purchases. Purchases of virtual currency and virtual goods are usually non-refundable.
You agree and expressly consent that the digital content will be available to you immediately, and acknowledge that you will lose your rights to the 14-day cooling-off period and refunds available for EU and EEA residents.
All virtual currency and virtual goods transactions are handled by third-party payment providers. By purchasing in-app, you agree to the third-party payment providers’ terms of use.
BURNY GAMES reserves the right to modify, limit, or adjust the price, availability, or quantity of any virtual currency and virtual goods, as well as to regulate, manage, modify, or eliminate virtual currency and virtual goods, with or without prior notification.
If you have any questions about virtual currency and virtual goods, please contact BURNY GAMES at support@burny.games.
Termination
Terms of Service are effective for an indefinite period, until BURNY GAMES terminates it, or until you decide to terminate it by uninstalling and discontinuing the use of the Service.
You and BURNY GAMES may terminate this Terms of Service, at any time, for any reason.
All provisions of the Terms of Service concerning the Privacy Policy, intellectual property rights, disclaimer of warranty, limitation of liability, indemnification, applicable law and severability, waivers, and dispute resolution will survive the termination.
You may, as the result of termination, lose your account and all information and data associated therewith, including without limitation your usernames, avatars, in-app achievements, all free and paid virtual currency and virtual goods, as applicable.
Links to Third-Party Websites
The Services may contain links to third-party websites for your convenience. These websites are not controlled by BURNY GAMES, and we are not responsible for their content or any consequences of accessing them.
Disclaimers of Warranties and Damages, Limitations of Liability
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND.
THE BURNY GAMES PARTIES (AS DEFINED BELOW) HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, THE SERVICE MATERIALS AND ANY AND ALL USER CONTENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE Burny Games PARTIES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS OR THE SERVICE MATERIALS OR USER CONTENT WILL BE VIEWABLE TO YOU; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED; OR (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR ANY SERVICE MATERIALS OR USER CONTENT WILL BE ACCURATE OR RELIABLE.
THE “BURNY GAMES PARTIES” ARE COMPRISED OF BURNY GAMES AND ITS AFFILIATES AND SUBSIDIARIES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS.
UNDER NO CIRCUMSTANCES SHALL THE BURNY GAMES PARTIES BE RESPONSIBLE OR LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY BURNY GAMES PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you.
To the extent that BURNY GAMES may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope and duration of such warranty and the extent of BURNY GAMES and such liability shall be the minimum permitted under such applicable law.
Indemnification
You agree to indemnify, defend and hold BURNY GAMES harmless from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees and court costs) made by a third party due to use of the Service.
Applicable law | Dispute resolution
Most concerns can be promptly resolved by contacting BURNY GAMES at support@burny.games
The provisions of this Terms of Service shall be governed by and construed under the laws of the Republic of Cyprus.
You agree that any claim or dispute you may file against BURNY GAMES must be resolved exclusively by a court located in the Republic of Cyprus.
Dispute resolution for Users in the United States and Canada:
We Both Agree to Arbitrate
If we can’t resolve our dispute through customer service, you and BURNY GAMES both agree to resolve any claims relating to the Terms and/or the Privacy Policy through final and binding arbitration. This applies to all kinds of claims under any legal theory, unless the claim fits in one of the exceptions in the Exceptions to Agreement to Arbitrate sub-section. It also applies even after you stopped using your BURNY GAMES account or deleted it.
An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so we are both giving up our right to a trial before a judge and jury. Arbitrations have different rules than lawsuits in court. They are less formal than lawsuits in courts and provide limited opportunity to force the other side to share information relevant to the dispute - a process called discovery. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. But, if any of us does not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.
If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too. In addition, if you or BURNY GAMES brings a claim in court that should be arbitrated or any of us refuses to arbitrate a claim that should be arbitrated, the other of us can ask a court to force us to go to arbitration to resolve the claim (i.e., compel arbitration). You and BURNY GAMES may also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.
The Arbitration Process
The American Arbitration Association (AAA) will run the arbitration between you and BURNY GAMES, and AAA’s then-current rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes) will be used. If something in these Terms is different than AAA’s rules and procedures, then we will follow these Terms instead. You can look at AAA’s rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.
To start an arbitration proceeding, use the form on AAA’s website (www.adr.org) or call them at 1-800-778-7879.
Exceptions to Agreement to Arbitrate
We all agree that we will go to court to resolve disputes relating to Your or BURNY GAMES’s intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights or patents.
No Class Actions
We all agree that we can only bring a claim against each other on an individual basis.
Notice for Apple iOS Users
In addition to the terms set forth above, the following terms apply if you access the Services through the App Store operated by Apple Inc.
Acknowledgement: This Terms of Service is concluded between you and us only, and not with Apple. We, not Apple, are solely responsible for the Service and the content thereof.
Scope of License: The license granted to you for the Service is limited to a non-transferable license to use the Service on an iOS product that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service.
Maintenance and Support: We are solely responsible for providing any maintenance and support services for the Service, as specified in the Terms of Service, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services for the Service.
Warranty: We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Service. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever for the Service.
Product Claims: We, not Apple, are responsible for addressing any claims of you or any third party relating to the Service or your possession and/or use of that Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The Terms of Service do not limit our liability to you beyond what is permitted by applicable law.
Intellectual Property Rights: In the event of any third-party claim that the Service or your possession and use of that Service infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Contact: Any questions, complaints, or claims for the Service should be directed to BURNY GAMES. at the email address listed below.
Third-Party Terms of Agreement: You must comply with applicable third-party terms of agreement when using the Service, e.g., if you use the Service through a social network, you must not violate the social network agreement or terms of use when using the Service.
Third Party Beneficiary: Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms of Service and will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against you as a third-party beneficiary thereof.
Contact Us:
For all correspondence, please email us at: support@burny.games
Legal Information
BURNY GAMES LTD
Louki Akrita, 21-23, Bellapais Court, 7th floor, Flat/Office 46, Nicosia, Cyprus, 1100