BWD User Generated Content – Terms and Conditions
We love your Content and know others will benefit from seeing it in our games, websites and social media channels.
As you consider allowing Blue Wizard Digital Inc (BWD) to use your User Content, we want to make sure you know exactly how we intend to use it. “User Content” refers to your comments, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information.
By submitting your User Content to BWD you are providing your permission and affirming that you alone created or own the User Content and no one else has any rights to it or could claim they own it or that it infringes on rights of others.
You will continue to own the User Content. You are giving BWD a perpetual, irrevocable, royalty-free, fully-paid, non-exclusive license to use and duplicate the User Content. BWD will have the right to reproduce the User Content in any form (including, but not limited to video games, video, internet posting, reproduction, display, email, publication, and distribution), either through our own services or services provided by third parties, throughout the world in perpetuity in any medium now known or later developed and without restriction or limitation.
You understand that you won’t have the right to approve how we use your User Content.
We appreciate you not only playing and sharing our games with others, but taking the time to contribute your great ideas to our games! We are better for having you in the community!
Terms of Service and End User License Agreement (“EULA”)
The following Terms of Service and End User License Agreement (“EULA”) constitute an agreement between you and Blue Wizard Digital Inc., and its affiliates (“Blue Wizard”). This EULA governs your use of Software and Services (as specified below).
For purposes of this EULA “Software” means all software programs distributed, published or otherwise made available by Blue Wizard or its affiliates including, but not limited to mobile games, downloadable/installable games for personal computer, and games accessed by means of a browser or other online communication method. Software also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.
“Services” means all services made available by Blue Wizard, including but not limited to our website (https://bluewizard.com/) and our services accessed through mobile games, by means of a browser or by other online communication method. Software and Services are collectively referred to as “Blue Wizard Services”.
THE SOFTWARE IS LICENSED, NOT SOLD. YOUR USE OF THE SOFTWARE (AS SPECIFIED BELOW) IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS EULA. BY INSTALLING, USING OR ACCESSING THE BLUE WIZARD SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE BLUE WIZARD SERVICES, YOU HEREBY ACCEPT THE TERMS OF THIS EULA.
If you do not accept the terms of this EULA, do not install, use or access the Blue Wizard Services.
SOFTWARE LICENSE. Subject to this EULA and its terms and conditions, Blue Wizard hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal non-commercial use for gameplay on a single computer or gaming unit, unless otherwise specified in the Software documentation. The rights granted herein are subject to your compliance with this EULA. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software.
SERVICE LICENSE. Subject to this EULA and its terms and conditions, Blue Wizard hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services as provided by Blue Wizard, for your personal non-commercial use, in the manner permitted by this EULA. The rights granted herein are subject to your compliance with this EULA.
LICENSE TERM. The term of your licenses under this EULA shall commence on the date that you accept this EULA and install or otherwise use the Software and/or Services and ends on the earlier date of either your disposal of the Software and/or Services or Blue Wizard’s termination of this EULA. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Software and/or Services or you otherwise use the Software and/or Services in breach of the terms of this EULA.
OWNERSHIP; NO OTHER LICENSES. Blue Wizard retains all right, title and interest in and to the Blue Wizard Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. The Blue Wizard Services are protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the Blue Wizard Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Blue Wizard. All rights not expressly granted to you herein are reserved by Blue Wizard.
- Third party services
Blue Wizard Services may include links to third party services and/or the third party services may be made available to you via Blue Wizard Services. These services may include, but are not limited to gameplay recording and sharing, social media connectivity and the like. These services are subject to respective third party terms and conditions. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider.
- General license conditions
You agree not to: (i) commercially exploit the Blue Wizard Services; (ii) distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the Blue Wizard Services, any copies thereof, or any passwords or usernames of Blue Wizard Services, without the express prior written consent of Blue Wizard or as set forth in this EULA; (iii) make a copy of the Blue Wizard Services or any part thereof, including but not limited to Software (other than as set forth herein); (iv) make the Blue Wizard Services publicly available or available on a network for use or download by multiple users; (v) except as otherwise specifically provided by the Blue Wizard Services or this EULA, use or install the Blue Wizard Services (or permit others to do same) on a network, for on-line use, or on more than one computer or gaming unit at the same time; (vi) use or copy the Blue Wizard Services at a computer gaming center or any other location-based site; provided, that Blue Wizard may offer you a separate site license agreement to make the Blue Wizard Services available for commercial use; (vii) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the Blue Wizard Services, in whole or in part; (viii) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Blue Wizard Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (ix) misrepresent the source of ownership of the Blue Wizard Services; (x) transport, export or re-export (directly or indirectly) into any country forbidden to receive such Blue Wizard Services by any Canadian, U.S. or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time; or (xi) scrape, build databases or otherwise create permanent copies of content returned from the Blue Wizard Services.
However, with regards to installable Software that was delivered on a physical storage medium, you may transfer the entire Software and accompanying documentation on a permanent basis to another person as long as you retain no copies (including archival or backup copies) of the Software, accompanying documentation, or any portion or component of the Software accompanying documentation, and the recipient agrees to the terms of this EULA The Software is intended for private use only.
The Blue Wizard Services may include measures to control access to the Blue Wizard Service, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this EULA. Only Blue Wizard Services subject to a valid license can be used to access online services, and download updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the Blue Wizard Services will not function properly.
The Blue Wizard Services may allow you to create c