Terms and Conditions of Use and Services

The terms of this agreement (("Terms and Conditions of Use and Services" or "Agreement"govern the relationship between you and BHM Games, its subsidiaries, parent companies, joint ventures and partnerships under common ownership or any of their agents, consultants, employees, officers and directors (collectively, "BHM Games") and applies to your access to and use of the Website https://www.mybhmgames.com  and other mobile applications, websites, games or any game-related services provided by BHM Games either on the Apple App Store, Google Play App Store, Amazon App Store, Microsoft App Store and/or on Facebook (collectively, the "Services") including the content made available therein.

Before accessing or using the Services, it is important that you know and read carefully these Terms and Conditions of Use and Services and the Privacy Policy. 

THESE ARE LEGALLY BINDING AGREEMENTS BETWEEN YOU AND BHM GAMES. BY INSTALLING, USING OR OTHERWISE ACCESSING BHM GAMES SERVICES, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE AND SERVICES AND OUR PRIVACY POLICIES; AGREEING TO BE BOUND BY THESE CONDITIONS EVERY TIME YOU USE THE SERVICES. 

IF YOU DO NOT ACCEPT ALL THESE CONDITIONS, DO NOT USE THE SERVICES OR STOP USING THEM IMMEDIATELY. USE OF THE SERVICE IS VOID WHERE PROHIBITED. YOU ACKNOWLEDGE THAT THE SERVICES ARE LICENSED TO YOU AND NOT SOLD TO YOU.

When accessing the Services you may need to register an account. By registering for an account or using the Services in any capacity, you signify that you are at least 18 years old and that you understand and agree to these Terms and Conditions of Use and Services. 

If you are not of legal age and are at least 13 years old, it means that your parents or legal guardian have read and accepted these Terms and Conditions of Use and Services. Under no circumstances may the Services be used by anyone under the age of 13 years. 

If you access the Services through a third party platform such as Apple, Google, Amazon, Microsoft or from social networking sites such as Facebook, Twitter, etc., you are required to comply with the terms and conditions of the third party and with these Terms and Conditions of Use and Services and our Privacy Policy.

BHM Games reserves the right to amend, change, modify, add or delete sections of the Terms and Conditions of Use and Services and the Privacy Policy at any time, at its sole discretion, by posting the updated version on its website and in the games. 

You will be deemed to have accepted such changes if you continue to use any of the Services. If at any time you do not accept any section of the then current version of the Terms and Conditions of Use and Services, the Privacy Policy or any other BHM Games policies, rules or codes of conduct relating to your use of our Services, you must stop using the Services and your license to use the Services will be immediately terminated. 

For your convenience, the date of the latest version of this Agreement is indicated at the top of this page. 

BHM Games may, at any time, make changes to the Services or interrupt your access to them without prior notice and without refund of any kind.

 You understand and agree that BHM Games may discontinue or limit your use of the Services for any reason whatsoever, without notice and without the right to compensation.

 To activate your license you must first accept our use and privacy policies.

Only authorized end users may use the Services in accordance with the terms and conditions set forth in this Agreement.

 BHM Games grants the limitations set forth herein to access and use the Service via a personal computer for the Service or a mobile device for applications solely for individual, non-commercial and entertainment use.

Except as expressly authorized by BHM Games, you may not sell, copy, trade, transfer, publish, assign or distribute in any way anything you copy or obtain from the Service.

You should not create an Account or access the Services if you are under the minimum age established to be able to play our games and use our Services depending on the country where you live or are located.

You must limit the use to minors and deny access to children and minors of the minimum age established according to their country.

(For more information on the minimum age required to be able to play our games and use our services, go to Privacy Policy and read section 10.0.0 on minors).

You are fully responsible for any unauthorized use of the Services by minors and are responsible for any use of your credit card or other payment instrument by minors or any other person. 

If a user is under 18 years of age, but is over the minimum age required to play our games and use our services depending on the country where they are, only a parent or legal guardian can create an account for them and the parent or guardian must accept this Agreement and the Privacy Policy from BHM Games. 

BHM Games takes children's privacy very seriously. 

If you have reason to believe that personal information about an individual under the age of 13 has been submitted to BHM Games, you should contact us immediately and provide us with the information necessary to delete the information.

You acknowledge and agree that under no circumstances:

• You will not name your Account or adopt a username on the Services with the intent to impersonate another person or entity or to impersonate an employee of BHM Games.

• You will sell, rent or donate your Account, create an Account using false identity or information, or on behalf of someone other than yourself or a minor if you are their parent or legal guardian.

• You will use the Services if you have been previously blocked by BHM Games or prohibited from using any of the Services, including the games.

• You will use your Account or the BHM Games Services for business purposes.

• You will participate in another activity that BHM Games considers to be in conflict with the spirit or intent of the Services.

• It will publish, upload, send or transmit any content that: (i) infringes, misuses or misappropriates any patent, copyright, trademark, trade secret, moral rights or other intellectual property rights of any third party, or rights of publicity or privacy; (ii) infringes or encourages conduct that would violate any applicable law or regulation or give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; or (iv) encourages harmful activities or substances.

• You shall use, display, duplicate, or include the Services or any individual element within the Services, the name of BHM Games, any trademark, logo, or other proprietary information of BHM Games, or the design of any page or form included on a page, without the express written consent of BHM Games.

• You will access, modify or use non-public areas of the Services, BHM Games computer systems or the technical supply systems of BHM Games suppliers.

• You will attempt to scan, scan, or test the vulnerability of the BHM Games system or network or violate security or authentication measures.

• Initiate, assist or engage in any type of attack, including but not limited to the spreading of a virus, denial of service attacks on the Services or other attempts to disrupt the Services or the use or enjoyment of the Services by another person.

• You will use emulators, cheats, vulnerabilities, automation software, bots, hacks, mods, or any unauthorized third party software designed to modify or interfere with the Services, any game or any gaming experience, or cause modification of files that are part of the Services or any game without the express written consent of BHM Games.

• You will attempt to gain unauthorized access to the Services, Accounts registered to others or to the computers, Servers or networks connected to the Services by means other than the user interface provided by BHM Games, including, without limitation, circumventing or modifying, attempting to circumvent or modify or encouraging or assisting anyone to circumvent or modify any security, technology, device or software that is part of the Services.

• You will circumvent, bypass, remove, disable, impair, decode, or divert any technological measures implemented by BHM Games or by any BHM Games provider or a third party (including another user) to protect the Services.

• You will attempt to access or search the Services through the use of any engine, software, agent tool, device or mechanism (including spiders, robots, crawlers, data mining tools or similar) other than the search engine software or agents provided by BHM Games or other commercially available third-party web browsers.

• You will send unauthorized and unsolicited advertising, promotional materials, material inciting violence or terrorism, emails, junk mail, spam, chain letters or other forms of unsolicited advertising.

• Forge any TCP/IP packet header or any part of the header information in emails or newsgroups, or otherwise use the Services to send altered, misleading or false source information.

• You will engage in discrimination, abusive, threatening, obscene, defamatory, libelous acts, with racist or sexual content, or in any other way unacceptable or offensive acts that include the publication or communication of such information through the Services, or by any other means .

• You will participate in acts or attempts to abuse, harm, harass, defend or incite harassment, mistreatment and violence towards another person, group, worker or workers, agents, consultants, officers or directors of BHM Games or the Services.

Such unauthorized use may also violate applicable laws, including copyright and trademark laws and applicable communications regulations and statutes. 

Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights. 

BHM Games reserves the right to determine whether an individual's conduct violates this Agreement, including the intent or spirit of the Terms of Services or the Services in its sole discretion. 

In addition, BHM Games reserves the right to take any resulting action it deems appropriate, including preventing you from accessing the Services, terminating your account, or limiting your access to the Services.

To access some of the Services, you may need to create a user account and select a password. 

You are responsible for all transactions on your Account, including but not limited to use of your credit card and other payment systems. 

Therefore, BHM Games strongly recommends that you keep your password safe and do not disclose your Account information to any third party. 

If another user with whom you share your Account makes purchases under your Account with your purchase information, you will be responsible for that purchase.

The period of the licenses granted to you under these Terms and Conditions of Use and Services shall begin on the date you accept these Terms and Conditions of Use and Services and install or use the Services and shall end on the earlier of the date of withdrawal of the license or termination of these Terms and Conditions of Use and Services by BHM Games.

Without limiting any other remedies, BHM Games may remove, suspend, terminate, limit, modify accounts or access the Services or portions thereof if you have violated any of the Terms and Conditions of Use and Services, or if BHM Games suspects that you have, through suspected or actual illegal activity, misused the Services, without notice. 

Such actions may result in the loss of your account, information, character, profits and game purchases. BHM Games disclaims all liability for any information, characters, scores, profits and losses incurred, and are not obligated to compensate you for them.

In addition, BHM Games may stop offering or supporting the Services, including, but not limited to, any specific game or part of the Services at any time, and thereafter your license to use the Services or part of the Services will automatically terminate. 

In such case, BHM Games is not obliged to provide refunds, benefits or other compensation to users in connection with such interruption or termination of the Services. 

Such actions may also result in the termination of your account, the inactivation of your access to the Services or any part thereof, including any content you have submitted or were in the process of submitting.

It is important that you understand the points we are going to touch on later. We will explain everything concerning ownership and content.

In accordance with the intellectual property rights corresponding to BHM Games, it is expressly prohibited to reproduce, distribute and publicly communicate, including the way in which they are made available, all or part of the contents of this website, our games, applications and services, for purposes that violate the intellectual property rights of BHM Games. The user undertakes to respect the Intellectual and Industrial Property rights owned by BHM Games.

BHM Games reserves all rights, including but not limited to any intellectual property rights or other proprietary rights, in connection with its Games and the Services. The Services are protected by copyright and trademark laws, and by other laws of both the United States and other countries. 

BHM Games reserves all rights, including but not limited to any intellectual property rights or other proprietary rights, in connection with its Games and the Services. The Services are protected by copyright and trademark laws, and by other laws of both the United States and other countries. You acknowledge and agree that all right, title and interest in the Services (including, without limitation, games, titles, computer code, themes, objects, characters, character names, stories, dialogues, catch phrases, concepts, artwork, graphics and illustrations, animations, sounds, musical compositions, audio-visual effects, documentation, Transcripts of in-game conversations, methods of operation, moral rights, character profile information, virtual products, recordings of previous games through a BHM Games game client, and BHM Games game server and client software) are and shall remain the exclusive property of BHM Games and are protected by intellectual property rights. 

You are required to abide by all copyright notices, trademark rules, information and restrictions contained in any content accessed through the use of the Services, and you may not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, develop, upload, display, license, sell or otherwise exploit for any purpose any such content, any communication from a third party or any other proprietary right not owned by you: (i) without the express prior written consent of the relevant owners, and (ii) in a manner that infringes the right of a third party.

These Terms and Conditions do not grant you any right to use the name, trademarks, logos, domains or other distinctive brand features belonging to BHM Games. 

Any feedback, comments or suggestions you provide regarding BHM Games or the Services is completely voluntary and BHM Games is free to use such information, comments or suggestions as it deems appropriate without any obligation to you.

During the time you use the Services, you and other users may provide information that BHM Games may use in connection with the Services and that certain other users may see.

By posting information or content on the Services, or by providing content, materials or information in any other way to BHM Games or in connection with the Services (collectively "User Submissions"), you understand that, by this document, BHM Games receives the non-exclusive, international, royalty-free, perpetual, irrevocable, and transferable right to fully utilize such User Submissions (including all related intellectual property rights) and to allow others to do so as well.

However, BHM Games will only share the personal data described in its Privacy Policy and in accordance with it. You also hereby agree to grant each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, modify, reproduce, distribute, display, and perform such User Submissions and prepare derivative works there from, to the extent possible in accordance with the functions of the Services and under this Agreement. You further understand that BHM Games retains the right to reformat, modify, extract, and translate any User Submissions submitted by you, and to create derivative works there from. You understand that all information published, or privately transmitted through the Services is the sole responsibility of the person from whom such content originates, and that BHM Games cannot be held responsible for any errors or omissions in such content.

You understand that BHM Games cannot guarantee the identity of any user with whom you interact when using the Services. In addition, BHM Games cannot guarantee the authenticity of any data that users may provide about themselves.
You acknowledge that any risk involved in the content you access through the Services is your own and you are solely responsible for any damage or loss to any party.

All of our games, their names and related logos are trademarks of BHM Games. All rights reserved.

All trademarks, including graphics, music, sounds, videos, or art, that are not owned by BHM Games and appear on the Services are the property of their respective owners, who may or may not be linked to, related to, or sponsored by BHM Games.

Notwithstanding any provision in this Agreement, you also acknowledge and agree that you do not have any right or title to any content appearing on the Services, including, but not limited to, virtual goods that appear or originate in the games, whether obtained in a game or purchased from BHM Games, or any other attributes associated with an Account or stored on the Services.

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or proprietary interest in the account and further acknowledge and agree that all rights in the account are and shall remain the property of BHM Games and shall inure to its benefit.

"User Content" means any communication, image, sound and all materials, data and information that you upload or transmit through the Services or that other users upload or transmit, including, without limitation, any forum postings or chat messages. 

You hereby grant BHM Games and its licensors, including but not limited to their respective successors and assigns, a non-exclusive, permanent, irrevocable, transferable, sublicensable, worldwide, royalty-free right; to reproduce, arrange, modify, convert, reformat, create derivative works thereof, manufacture, circulate, publish, distribute, sell, license, sublicense, assign, rent, lease, transmit, publicly display, publicly perform and provide access to electronically disseminate and communicate to the public by telecommunications, display, perform, enter into computer memory and use and perform such User Content and all derivative and modified works thereof, without any compensation to you. 

BHM Games shall have no liability for the conduct of users or for monitoring User Content or improper conduct on the Services. User content transmitted on the Services is not filtered or monitored by BHM Games. Users of the Services assume all risks associated with their use including, but not limited to, exposure to offensive or indecent content.

Although not required, BHM Games reserves the right, in its sole discretion, to monitor, prohibit, review, edit, remove, disable access to or disable any User Content without prior notice and for any reason or no reason for the operation of the Services, to ensure compliance with these terms and to comply with applicable law or legal requirements. 

By accepting these Terms and Conditions of Use and Services, you give your unconditional consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy in connection with the transmission of any User Content, including, but not limited to, text conversations or voice communications.

BHM Games may offer entertainment pages, forums, blogs, and chat features on the Services to which users may post information. 

Users can post topics of interest, general information, comments and sometimes even personal information in these media. 

You understand that BHM Games is not responsible for the information posted on the Services or whether others will view your information, comments, and topics from the same perspective. 

Do not send, upload, write or transmit any information on the Services that you consider to be confidential. 

BHM Games does not and will not assume any responsibility for the use of such information; no compensation will be made for ideas, projects or uses of any information provided in these media.

You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services or the games. 

BHM Games reserves the right, but has no obligation, to become involved in any way in these disputes. 

You will cooperate fully with BHM Games to investigate any suspected fraudulent, illegal or improper activity, including but not limited to providing BHM Games with access to any password-protected section of your Account.

If you have any dispute with one or more users, you release us (and our owners, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

BHM Games has adopted the following general policy on copyright infringement, in accordance with the Digital Millennium Copyright Act or DMCA (published at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). BHM Games respects the intellectual property of others and expects users of the Services to do the same. 

You warrant, represent and agree that you will not submit any content or use the Services in a manner that (i) infringes or violates any intellectual property or proprietary rights, rights of publicity or privacy, or any other rights of any third party; (ii) violates any law, ordinance, or regulation; (iii) constitutes an action that is harmful, fraudulent, deceptive, threatening, abusive, harassing, malicious, defamatory, rude, obscene, libelous, dangerous, or otherwise objectionable; (iv) relates to commercial activities or sales without the prior written consent of BHM Games, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) constitutes an impersonation of any person or organization, including but not limited to employees or representatives of BHM Games; or (vi) contains a virus, Trojan horse, worm, time bomb, or other harmful computer program, file, or code. BHM Games reserves the right to remove any content from the Services at any time, for any reason (including, without limitation, receipt of claims or allegations from third parties or authorities with respect to such content, or if BHM Games believes that you have violated the preceding sentence) or for no reason at all. You, and not BHM Games, you are solely responsible for all content that you upload, post, email, transmit or otherwise disseminate through or in connection with the use of the Services, and you represent that you have all necessary rights to provide such content to BHM Games and to grant BHM Games the appropriate rights to use such information in connection with the Services and in any other manner indicated herein.

BHM Games will respond to notifications of alleged copyright infringement that comply with applicable law and are provided to BHM Games in an appropriate manner. It is BHM Games' policy to block access to or remove any material that it in good faith believes is copyrighted and that has been illegally copied and distributed by any of its advertisers, related companies, content providers, members or users; and to remove and terminate service to those who repeat such practices.

In the event that a user or third party considers that there has been a violation of its legitimate intellectual property rights by the introduction of a certain content in the services, it must notify BHM Games of such circumstance by providing the following information:

• A physical or electronic signature of the owner of the copyright allegedly infringed or of the person authorized to act on his behalf. 
• Identification of the works or materials that are the object of the violation.
• Identification of the material that is claimed to be infringing, including information as to the location of the material that the copyright owner intends to remove and the details necessary for BHM Games to locate and verify it their existence.
• Contact information about the person sending the notice, including address, telephone number and, if available, email address.
• A statement that the complainant has a good faith belief that the copyright owner of the identified material, its agent, or the law has not authorized its use.
• A statement, under penalty of perjury for false testimony, that the information provided is accurate and that the party making the notification is authorized to file a claim on behalf of the copyright owner.

BHM Games reserves the right to remove Content that allegedly infringes these rights without prior notice, to the best of our knowledge and without any liability to you. Under certain circumstances, BHM Games may also close a user's account if it is determined that the user has violated these provisions on more than one occasion.

After BHM Games has received the appropriate
good faith notice of violation
BHM Games policy is:

1. eliminate or prevent access to the violating material;
2. notify the content provider, member or user that the material has been removed or access to it has been disabled; and
3. to remove the infringing material from the system of anyone who repeats such practices and to terminate the content provider's, member's or user's access to the Services.

If the content provider, member, or user believes that the material removed (or to which access has been disabled) does not infringe copyright, or the content provider, member, or user believes that he or she has a right to post and use such material from the copyright owner, the agent of the copyright owner, or under the law, the content provider, member, or user must send BHM Games a counter-notice containing the following information:

1. A physical or electronic signature of the content provider, member or user;
2. Identification of the material that has been removed or access to which has been disabled, and the location at which the material appeared before it was removed or disabled;
3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
4. 4. The name, address, telephone number and, if available, e-mail address of the content provider, member or user, and a statement that such person or entity accepts the jurisdiction of the Federal Court in the judicial district in which the content provider's address is located, the member or user, or, if the content provider's address, the member or user is outside the United States, the judicial district in which BHM Games is located, and that such person or entity will accept service of process from the person who reported the alleged violation.

If the Designated Agent receives a counter notification, BHM Games will send a copy of that document to the party who made the original complaint, informing them that BHM Games may re-publish the removed material or cease blocking it within 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed material will be returned (or access to it will no longer be blocked) within 10-14 business days or more after receipt of the counter notification, at the discretion of BHM Games.

To make claims of intellectual property rights and infringement, please contact BHM Games at the following email address: support@mybhmgames.com

We will then give a detailed explanation of the rates and conditions of purchase.

You may purchase a limited, revocable license with real money that cannot be sublicensed or transferred for use

(a) "virtual currency", including, but not limited to: virtual cash, in-game currency and other in-game money for use in games;

(b) virtual in-game products (virtual currency and virtual in-game products collectively referred to as "Virtual Products"); and

(c) other products or services ("Goods") in the Services for your personal, non-commercial entertainment. 

You may only purchase virtual Products from BHM Games or its authorized partners through the Services, and no other form of purchase is possible.

You understand that BHM Games reserves the right to manage, regulate, control, modify or remove the Virtual Objects and may revoke your access to them at any time and for any reason, with or without notice. 

BHM Games is in no case responsible to you or third parties for the exercise of such right. 

You may not claim and do not have any right, title, ownership or ownership interest or title to any of the virtual Goods, regardless of the consideration paid for these virtual Goods. 

Unless expressly authorized by BHM Games,

(i) transmissions of Virtual Products to other user accounts are strictly prohibited;

(ii) outside of the Services, you may not buy or sell any virtual Products for "real world" money or redeem products for a fee; and

(iii) BHM Games does not acknowledge these purported transmissions of virtual Products, or the purported sale, gift or barter in the "real world" of anything appearing on the Services. 

Any attempt to do so shall constitute a breach of these Terms and Conditions of Use and Services and shall result in the automatic termination of your rights to use the virtual Products and may result in the deletion of your Account. 

All virtual Products will be lost if your Account is suspended or deleted for any reason, or if BHM Games ceases to offer the Services.

You agree that you will not bring any claim against BHM Games, its affiliates, owners, directors, officers, employees, agents or licensors regarding 

(i) a claim to own virtual Products; 

(ii) a claim for loss of alleged monetary value of Virtual Goods after the removal or suspension of your account or the modification, termination or expiration of these terms.

All sales through the Service shall be final and you acknowledge and agree that any applicable fees and other charges (including, but not limited to, virtual goods) are not refundable in whole or in part. 

You are fully responsible for all charges to your account, including unauthorized charges. 

BHM Games does not issue refunds or redeem products purchased on or through the Services.

IN ADDITION TO THE FOREGOING, YOU AGREE THAT, EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, YOU WILL NOT BE REIMBURSED, PAID OR RECEIVE COMPENSATION FOR UNUSED VIRTUAL GOODS OR OTHER GAME ASSETS WHEN THE SERVICES ARE TERMINATED FOR ANY REASON AND WITHOUT NOTICE OR WHEN AN ACCOUNT IS CLOSED, EVEN IF SUCH CLOSURE IS VOLUNTARY OR INVOLUNTARY.

BHM Games may, at any time, revise or change the prices, availability, specifications, content, descriptions or features of the Game or any product sold through the Services. 

The addition of any product through the Services at any particular time does not imply or guarantee that these products will be available at any other time. 

Such changes will be effective immediately upon publication of the new product prices in the Services.

You acknowledge and agree that BHM Games may make updates to the Services and to the games you have installed on your computer or mobile device without notice to you.

The Services or Games may include links to third party sites and services or third party services may be available to you through the Services or Games.

The only purpose of these links is to provide the user with the possibility of accessing these links.

Third-party services may include, but are not limited to, game recording and sharing, social network connectivity, and others.

You acknowledge and agree that information provided to these third party sites and the services they may provide to you are subject to the respective terms and conditions of the third party and shall not be subject to our Privacy Policy or to these Terms and Conditions of Use and Services.

We recommend that you read the third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider.

For more information, please contact our Privacy Policy and read Section 13.0.0 (External Links).

BHM Games welcomes any opinion, comment or suggestion to enrich and improve the Services. 

You can send your comments by email to support@mybhmgames.com, accessing from the games or from the app-store pages or simply from your email. 

You grant us a non-exclusive, international, perpetual, irrevocable, royalty-free, and fully sublicensable license, which may be transferred under all intellectual property rights you own or control, to BHM Games to copy, modify, create derivative works based upon, and otherwise exploit the Comments for any purpose.

WITHOUT LIMITING BHM GAMES' LIABILITY UNDER THE LIMITATION OF LIABILITY SECTION BELOW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. 

BHM GAMES DOES NOT WARRANT THAT YOU CAN ACCESS OR USE THE SERVICES AT TIMES AND PLACES YOU CHOOSE; THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

To the maximum extent permitted by applicable law, BHM GAMES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUE OR PROFITS, whether direct or indirect, nor from any loss of data, use, goodwill, or interruption of business or other intangible losses, resulting from (i) your access to, use of, or inability to access or use the services; (ii) ANY CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OFFENSIVE OR DEFAMATORY ACT OR ANY ILLEGAL ACT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) THE ACCESS, USE OR UNAUTHORIZED ALTERATION OF YOUR TRANSMISSIONS OR CONTENT (EVEN IF THESE LOSSES ARE QUALIFIED), AS A CONSEQUENCE OF OR IN ANY WAY IN CONNECTION WITH THESE TERMS OF SERVICE OR THE SERVICES THEMSELVES, WHETHER BASED ON CONTRACT, TORT OR OTHER LEGAL THEORIES OR WHETHER BHM GAMES WAS INFORMED OF SUCH DAMAGES. 

BHM GAMES SHALL BE LIABLE ONLY UP TO THE AMOUNT YOU HAVE PAID BHM GAMES UNDER THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE DATE YOU FIRST MADE THE CLAIM. 

YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANY AMOUNTS TO BHM GAMES DURING SUCH PERIOD OF TIME, YOUR SOLE REMEDY (AND BHM GAMES' SOLE LIABILITY) FOR ANY DISPUTE WITH BHM GAMES IS TO STOP USING THE SERVICES AND TERMINATE YOUR ACCOUNT.

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 disclaimers, exclusions or limitations may not apply to you. To the extent that BHM Games cannot, in accordance with applicable law, disclaim any warranty or limit its liability as provided in this agreement, the extent of such warranty and the extent of BHM Games' liability shall be the minimum allowed under such applicable law. 

In particular, nothing in these Terms and Conditions of Use and Services shall affect the rights of a consumer or exclude or limit any liability for death or personal injury resulting from negligence or fraud on the part of BHM Games.

You agree to indemnify, defend, and hold harmless BHM Games from and against any claims, demands, damages, or other losses, including reasonable attorney's fees, asserted by any third party due to or arising out of your breach of these Terms and Conditions of Use and Services. 

BHM Games reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you to BHM Games, and you agree to cooperate in BHM Games' defense of any such claim. 

BHM Games will take reasonable steps to notify you of any claim, suit or proceeding as soon as it becomes aware of it.

You agree that the provisions of this paragraph shall survive termination of your Account(s) or the Services.

Should any dispute arise between you and BHM Games, BHM Games strongly recommends that you first contact BHM Games directly to seek a solution, by contacting BHM Games at support@mybhmgames.com.

These Terms and Conditions of Use and Services, as well as Privacy Policy or any other action relating to these Terms and Conditions of Use and Services, and/or the Privacy Policy shall be governed by the laws of the State of Florida without regard to or application of the conflict of laws provisions of the state or country of residence of the user. Any claim, legal proceeding or litigation arising in connection with the BHM Games Services shall be brought solely in the federal or state courts located in Marion County, Florida, United States, and you consent to such jurisdiction and venue in such courts and waive any objection to inconvenience of the forum.

You and BHM Games may only bring a lawsuit against each other on an individual basis. 

BY AGREEING TO THESE TERMS AND CONDITIONS OF USE AND SERVICES, YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP THE RIGHT TO FILE A CLASS ACTION LAWSUIT AND MAY ONLY BRING A LAWSUIT AGAINST BHM GAMES ON A PERSONAL BASIS.

This means that:

• Neither you nor BHM Games may bring a lawsuit as a Plaintiff or a Joint Member in a Class, Consolidated or Representative Action,

• The arbitrator or court may not combine the claim of more than one person in a single case and may not preside over any consolidated, class or representative arbitration proceeding (unless you and BHM Games agree to modify it),

• The judgment or award of the arbitrator or court in the case of an individual may only affect the person who brought the action and not the other users of the Services and may not be used to resolve disputes with other users.

If any provision of these Terms and Conditions of Use and Services or of the Privacy Policy is held to be illegal or unenforceable in whole or in part by any court of competent jurisdiction, such clause shall, as to such jurisdiction, be ineffective only to the extent that such determination of invalidity or unenforceability does not affect the validity or enforceability thereof in any other way or jurisdiction and without affecting the remaining clauses of the conditions, which shall remain in force.

BHM Games may assign or delegate these Terms and Conditions of Use and Services or the Privacy Policyin whole or in part, to any person or entity at any time with or without his or her consent. 

You may not assign or delegate any rights or obligations under these Terms and Conditions of Use and Services or Privacy Policy without the prior written consent of BHM Games, and any assignment or delegation by you will be ineffective.

BHM Games may publish complementary policies in relation to certain services such as forums, contests and loyalty programs. 

Your right to use such services is subject to those specific policies and these Terms and Conditions of Use and Services.

The Terms and Conditions of Use and Services and the Privacy Policy contains the entire agreement between you and BHM Games and supersedes any prior agreements of the parties relating to the subject matter of this agreement, whether electronic, oral or written, or whether established by custom, usage, policy or precedent, between you and us in connection with the Services.

The fact that BHM Games does not require you to comply with any clause of these Terms and Conditions of Use and Services or of the Privacy Policy or the failure to exercise any right hereunder shall not constitute a waiver of BHM Games' right to assert or rely upon any such clause or right in this or any other case.

The express waiver by BHM Games of any clause, condition or requirement of these Terms and Conditions of Use and Services or of the Terms and Conditions of Use and Services or of the Privacy Policy does not constitute a waiver of any future obligation to comply with such clause, condition or requirement.

Unless expressly and specifically provided otherwise in these Terms and Conditions of Use and Services, no representation, statement, consent, waiver, or other acts or omissions by BHM Games shall constitute a modification of these Terms and Conditions of Services, nor shall they be legally binding, unless you and a duly appointed BHM Games officer document it in writing or sign it by hand.

You acknowledge that the rights granted and the obligations imposed under these Terms and Conditions of Use and Services for BHM Games are of a unique and irreplaceable nature, and the loss thereof will irreparably damage BHM Games and cannot be replaced by an award of damages, so that BHM Games is entitled to seek injunctive relief or equitable relief (without the obligation to post a bond or provide any guarantee or proof of damages) in the event of a breach or an unforeseeable failure by you.

You irrevocably waive all rights to initiate an injunction or other form of redress, or to impose or restrict the operation of the Services or the Games, the use of any advertising or other materials issued in connection with the same or the use of the Services or any content or other materials used or displayed through the Services and agree to restrict claims for monetary damages (if any), all limited by Sections 5.2 and 11 hereof Terms and Conditions of Use and Services.

BHM Games shall not be liable for any delay or failure to perform due to causes beyond BHM Games' reasonable control, including but not limited to: failure to perform hereunder due to unforeseeable causes or circumstances beyond BHM Games' control such as natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation, fuel, energy, labor or materials.

You agree that your use of the Services does not constitute any joint venture, partnership, or employment and that no agency relationship exists between you and BHM Games as a result of this Agreement.

BHM Games may notify you through publications at https://www.mybhmgames.com, on app-store pages of the games, on social networking sites, in the games or by email or any other means of communication for the contact information with you provide. 

All notices given or required to be given by you under these Terms and Conditions of Use and Services or the Privacy Policy will refer to support@mybhmgames.com and must include your full name and the reasons why you are contacting BHM Games.