ReCurse (Demo)

Please read these Terms carefully before using or accessing our Services.

Date of last update: 10th April 2023

1. INTRODUCTION

These Terms of Service (“Terms of Service,” “Terms,” or “ToS”) govern the relationship between you and Blue Dusk Limited, “Blue Dusk” or “we” or “us”) regarding your access to and use of our games, mobile apps, websites, content and any related services (collectively the “Services” as further defined in Section 3).

If you are playing RECURSE DEMO, these Terms govern the relationship between you and Blue Dusk Limited, regarding your access to and use of the related Service. This Service is a copyright work of Blue Dusk or its licensors. All use of the Service is governed by these Terms. The Service is solely for use by end users according to these Terms. Any use, reproduction or redistribution of the Service not in accordance with these Terms is expressly prohibited.

When you use or access our Services in any capacity, you represent that you are at least the minimum age to consent for data processing under the laws of your jurisdiction (e.g., 13 years old in the United States, and 16 in some EU territories), and not barred from accessing the Services under applicable law. Notwithstanding the foregoing, we may provide some Services that are available specifically to younger players as permitted under applicable law. Regardless, if you are under the age of 18, you hereby agree that you have gotten permission from a parent or guardian to use our Services, and your parent or guardian must agree to these Terms and accept them on your behalf. Parents and legal guardians are responsible for the acts of their children when they use our Services. If you access our Services through a third-party platform or site, you may be required to comply with their policies in addition to these Terms.

Our collection and use of personal information in connection with the Services is described in our privacy policy, which is hereby incorporated by reference into these Terms. Our Privacy Policy for RECURSE DEMO can be found here: bluedusk.io/recurse-demo/privacy.html.

We may amend these Terms by posting the amended versions on our website or in the supplemental terms of the applicable Service(s). By continuing to access or use our Services after we post amended versions, you confirm your agreement to the Terms, as amended. If you do not agree with any of the changes, you must immediately stop accessing our Services, and your license to use our Services will immediately terminate.

This is a legally binding agreement, and you should read it carefully. By installing, using, or otherwise accessing our Services, you confirm your agreement to be bound by these Terms. If you do not agree with any of these terms, you may not install, use, or otherwise access our Services. Use of the Services is void where prohibited.

2. LIMITED LICENSE

Limited License

Subject to your agreement and your continued compliance with these Terms and all relevant Blue Dusk policies, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license subject to the limitations below to access and use our Services for your own personal (i.e., non-commercial) entertainment purposes. You agree not to use our Services for any other purpose. You also agree to comply with all applicable laws when accessing or using the Services. Any rights not expressly granted herein are reserved by Blue Dusk and its licensors.

Any use of the Services in violation of the license restrictions contained in this Section 2 is strictly prohibited. To the fullest extent applicable under law, we reserve the right to determine whether one’s conduct violates these Terms, and to take any action we deem appropriate in accordance with these Terms, including but not limited to removing objectionable content and/or suspending or terminating access to the Services or any portion thereof.

Restrictions

You specifically agree to the following license restrictions in connection with the Services:

- If you are under the age of 18, or under the age of legal majority in your jurisdiction, you may not access or use our Services without permission from a parent or legal guardian.

- If you have been previously banned from accessing our Services, you are prohibited from re-accessing the Services.

- You are prohibited from using our Services for commercial purposes.

- You are prohibited from using our Services to advertise, solicit, or transmit any commercial advertisements, which include but are not limited to chain letters, junk, spam, or repetitive messaging (whether targeted or not targeted).

You further agree that under no circumstance will you:

- Engage in acts that are inappropriate and/or in conflict with the spirit or intent of the Services or these Terms.

- Attempt to gain unauthorized access to, circumvent, modify, disrupt, overburden, or otherwise impair any aspect of our Services (including Accounts of others) or related technology, devices, systems, or networks.

- Engage in unlawful, abusive, threatening, obscene, defamatory, libelous, harassing, hateful, violent, racist, or otherwise objectionable or offensive acts, whether by posting and/or transmitting such information through our Services, or by any other means (e.g., by posting links to such content).

- Engage in acts or attempts to abuse, threaten, harm, harass, or advocate or incite harassment and/or violence towards another person, group, our employee(s), or our Services, or engage in any acts in violation of other publicly posted Blue Dusk policies.

- Use our Services to post, supply or make available any material or information that infringes on any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or any other right of a person or entity.

- Copy or reproduce (except as expressly permitted), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Services.

- Scrape, harvest, or otherwise extract data from the Services.

- Seek to obtain advantage or information from our Services using methods not expressly permitted by Blue Dusk.

- Engage in solicitation or attempted solicitation of personal information from other users of our Services.

- Institute, engage in, assist with, or become involved in any form of attacks upon our Services, including but not limited to denial of service attacks, creation or distribution of viruses or malware, or attempts to disrupt our Services or others’ enjoyment of our Services.

- Create, use, offer, promote, advertise, make available, and/or distribute exploits, cheats, bots, software, hacks, mods or any unauthorized third-party code or software that can be used to interfere with, alter or modify our Services, or that can be used in conjunction with our Services.

- Impersonate another person, including without limitation any other user or any Blue Dusk employee.

- Use our Services to violate any applicable law or regulation.

- Use our Services for any activities other than what are reasonably considered the common and usual activities associated with the Services for general entertainment.

- Encourage anyone to engage in the foregoing.

3. OWNERSHIP

The Services and all rights, title, and interest therein are and shall remain the property of Blue Dusk or its licensors. This may include without limitation all games, mobile applications, software (including server software), websites, titles, characters, character names or profiles, stories, dialogue, animations, art, concepts, content, audio sounds and effects, musical compositions, visual effects, methods of operation, documentation, moral rights, and all recordings of games and game play. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services, except for the limited license granted in the section “Limited License” above; or (ii) to use or reference Blue Dusk or its licensors’ company name(s), logos, product and service names, or marks.

RECURSE DEMO is protected by copyright law, international copyright treaties and conventions and other laws. All rights are asserted and reserved. The Service may contain certain licensed materials and Blue Dusk licensors may act to protect their rights in the event of any breach of these Terms. All trademarks are the property of their respective owners.

4. UPDATES TO OUR SERVICES

You understand that our Service is a developing and evolving one. Blue Dusk may require that you accept updates to our Services. While Blue Dusk will make all reasonable efforts to inform you of any such updates, you acknowledge and agree that Blue Dusk may update our Services, with or without informing or otherwise notifying you. You may need to update third-party software from time to time in order to receive our Services and/or play our games.

5. DISCLAIMER OF WARRANTIES

Without limiting Blue Dusk’s liability under Section 8 below, the Services are provided on an “as is” and “as available” basis for your use, with no warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. Blue Dusk does not warrant that you will be able to access or use our Service at the times or locations of your choosing; that our Services will be of a certain quality or suitability, or will be uninterrupted or error-free; that defects will be corrected; or that our Services are free of viruses or other harmful components.

6. LIMITATION OF LIABILITY AND INDEMNIFICATION

Limitation of Liability

Blue Dusk will not be liable to you for any indirect, incidental, consequential, special, exemplary, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these Terms or our Services, whether based on contract, tort or any other legal theory, and whether or not Blue Dusk has been advised of the possibility of such damages. Blue Dusk will not be liable to you for more than the amount you have paid to Blue Dusk in accordance with these Terms in the six (6) months immediately preceding the date on which you first assert a claim. You acknowledge and agree that if you have not paid anything to Blue Dusk during such time period, your sole remedy (and Blue Dusk’s exclusive liability) for any dispute with Blue Dusk is to stop using the Services. 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 and limitations may not apply to you.

To the extent that Blue Dusk may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Blue Dusk’s liability will be the minimum permitted under such applicable law. In particular, nothing in these Terms will affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of Blue Dusk. This provision shall have no effect on the choice of law provision set forth below.

Indemnification

You agree to indemnify, save, and hold Blue Dusk, its affiliated companies, officers, directors, contractors, employees, agents, third-party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, including legal fees and expenses, arising out of or relating to: (i) your use or misuse of our Services or goods or services obtained in connection therewith; (ii) your breach or violation of these Terms; (iii) our use of your User Content; or (iv) any breach of the representations, warranties, and covenants made by you herein. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such matter upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of our Services.

7. GENERAL PROVISIONS

Severability

You and Blue Dusk agree that if any portion of these Terms is found unlawful or unenforceable, in whole or in part, that provision will be ineffective only to the extent of such finding in such jurisdiction, without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of these Terms, which will be enforced to the fullest extent of the law.

Choice of Law

These Terms and our relationship will be governed by English law without regard to conflict of law principles.

Assignment

Blue Dusk may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without your approval. You may not assign and/or delegate any of the rights or obligations you have under the Terms unless you obtain Blue Dusk’s prior written approval. Any such assignment and/or delegation without Blue Dusk’s prior written approval is ineffective and in violation of these Terms.

Force Majeure

We will not be liable for any delay or failure to perform resulting from causes outside of our reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, pandemic, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

Claims of Copyright Infringement

If you believe in good faith that materials hosted by us infringe your copyright, you or your agent can send us a notice requesting that the material be removed or access to it blocked. Please contact us with a notice containing the following information:

- Reasonably sufficient details to enable us to identify the work claimed to be infringed (e.g., title, author, any registration or tracking number, URL) or, in the case of multiple works, a representative list of such works;

- Reasonably sufficient details to enable us to identify and locate the material claimed to be infringing (e.g., a link to the page that contains the material);

- Your name, address, telephone number, and, if available, email address;

- A statement that you have a good faith belief that the use of the material identified above is not authorized by the copyright owner, its agent, or the law;

- A written statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and

- Your physical or electronic signature.

Please send such notices by email to [email protected] (subject line “Copyright Communication”).

Entire Agreement

These Terms, including any additional policies and documents referenced in this agreement, are the entire agreement between you and Blue Dusk. They supersede all prior understandings between you and Blue Dusk, regardless of the medium (oral, written electronic) and practice (custom, policy, course of business, precedent) by which such understandings were communicated.

No Waiver

Any failure of Blue Dusk to enforce any right or provision in these Terms shall not constitute a waiver or relinquishment of such right or provision unless acknowledged and agreed to by us in writing. The express waiver by Blue Dusk of any provision, condition, or requirement of these Terms will not constitute a waiver of any future obligation to comply with such provision, condition, or requirement. Except as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers, or other acts or omissions by Blue Dusk will be deemed a modification of these Terms or legally binding, unless documented in physical writing, hand signed by both you and a duly appointed officer of Blue Dusk.

Blue Dusk Limited 2023-04-10