BlissArte

Terms of Service

Last Modified: August 9th, 2023

1. Introduction

The following Terms of Service (“Terms”) apply to your access, download, and/or usage of all BlissArte (“BlissArte”, “we”, “us”, or “our”) products and services across all devices through which they may be accessed, including all websites, games, applications, and supplementary services operated by BlissArte (“Services”).

These Terms represent a binding legal agreement. You accept these Terms, including the class action waiver and mandatory arbitration provision, and the Privacy Policy by way of accessing, downloading, and/or using any of the Services; if you do not agree to these Terms, you must not use any Services provided by BlissArte. Please view the Privacy Policy for information regarding how the data you transmit when using the Services is collected and used.

In accepting the following Terms, BlissArte grants you a non-exclusive, non-transferable, revocable, and limited license to use the Services. You may not use the Services for any purpose other than that described in the license granted to you. Any illegal use of the Services is solely your responsibility.

BlissArte may, from time to time, amend the Terms provided. If you do not agree to the amended Terms or must otherwise take action to agree to the amended Terms, then you must cease usage of all Services until you agree to the amended Terms and/or have taken all required actions.

2. Usage Restrictions

Usage of the Services is limited to individuals that meet the following requirements:

  • You are at least 13 years of age and you are at least the age at which you may give consent for your personal data to be processed according to any laws you are subject to.
  • You are of the legal age of majority according to any laws you are subject to or you are only accessing the Services under the supervision of a parent or legal guardian that agrees with these Terms.
  • You are allowed to use the Services according to any laws you are subject to.
  • You are using the Services solely on behalf of yourself, and not on behalf of any commercial entity or other third party.
  • Your access to the Services has not previously been revoked, nor have you received any requests from BlissArte to cease usage of the Services.

3. Content

Usage of the Services may result in access to audiovisual works, text, data, or other information that originates from you or another user of the Services (“Content”), and not from the Services or BlissArte. All Content is solely the responsibility of the Content’s originator; BlissArte is not liable for any Content provided by the Services in any way. BlissArte may remove Content at its sole discretion, with or without cause.

You retain all rights to any Content originating from you, except for the following license:

You grant BlissArte a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your Content and any likeness provided in connection with your Content in all media formats and channels now known or later developed without compensation to you.

4. Conduct

Usage of the Services is limited to individuals that respect the following rules of conduct at all times when using the Services:

You agree that you will not:

  • use the Services on behalf of any commercial entity or other third party
  • attempt to interfere with our Services in any way, including but not limited to attempting to:
    • decompile or reverse engineer any Services
    • disrupt or otherwise degrade the performance of any Services
    • cheat or otherwise manipulate any Services to function in unintended ways
    • impact the experience of others using the Services in unintended ways
    • collect data pertaining to others using the Services, or otherwise interact with the aforementioned data in unintended ways
  • falsely provide information to or otherwise use the Services in a fraudulent manner
  • use the Services to offend other users of the Services or act in any otherwise objectionable manner, deemed as such at BlissArte’s sole discretion
  • improperly use or improperly interact with support or social media Services
  • sell or otherwise exchange any Services or parts thereof in exchange for real money or any good or service deemed to be of real monetary value

5. Virtual Goods

Some of the Services incorporate one or more digital currencies (“Virtual Currency”) for use within one or more Services that can be purchased for real money and/or earned through interaction with the Services. Virtual Currency is used to purchase digital items (“Virtual Items”) for use within one or more Services. Additionally, some Services permit exchanging real money for both Virtual Currency and Virtual Items (“Virtual Goods”, which may be used to refer to one or both of Virtual Currency and Virtual Items).

BlissArte does not handle and is not responsible for handling transactions involving real money and Virtual Goods. Virtual Goods transactions are handled by third-party payment providers, such as the Apple App Store and Google Play Store. By purchasing Virtual Goods, you are bound by and agree to the Terms of Service that apply to the provider your purchase is made through. It is strictly prohibited to commit any transactions involving real money and Virtual Goods outside of the methods provided within the Services.

Sales of Virtual Goods are final. Refunds are not issued except as provided in these Terms. All purchases of Virtual Goods are for a limited, revocable, non-transferable license to use them; you do not own them. In any event that results in your loss of access to the Virtual Goods purchased, including but not limited to: account suspension or termination at BlissArte’s discretion, loss of access to or deletion of your account for any other reason, or discontinuation of any or all of the Services in which the Virtual Goods are utilized, you forfeit all aforementioned goods and licenses thereof. BlissArte has the absolute right to manage, regulate, control, modify, and/or eliminate any Virtual Goods as it sees fit and at its sole discretion, and BlissArte is under no obligation to compensate you or anyone else for any resulting losses.

6. Refunds

Refunds cannot be granted to users in violation of these Terms or any other policies pertaining to the use of any Services. Additionally, purchases transacted by any authorized user of the purchasing account may not be refundable. All third-party payment processor terms apply to any refunds transacted through said processor, and all refunds are exclusive of taxes charged on the purchase. BlissArte is not required to provide refunds for any reason and will do so at its sole discretion.

7. Intellectual Property

All proprietary rights pertinent to BlissArte and its Services, including but not limited to, copyrights and trademarks on any and all audiovisual works, other auditory and visual assets, software, and text, are the exclusive property of BlissArte and are protected by international copyright laws.

All Services must be used as intended, in unmodified form, for personal, non-commercial use only. Any misuse of the Services or any of their component parts as determined by BlissArte or use of the Services or any of their component parts not expressly authorized by any applicable laws and agreements is strictly prohibited.

BlissArte disclaims all proprietary interests in its intellectual property rights other than its own. References to third-party services and software are given by BlissArte “AS IS,” without warranty of any kind, either expressed or implied.

8. Breach of Terms

BlissArte may, at its sole discretion, deem you to be in breach of these terms. BlissArte reserves the right to take any actions it deems appropriate as a result of your breach of these Terms. Actions may include but are not limited to: removal of your access to any or all Services, modification or removal of any or all data pertaining to your use of the Services, and modification or removal of any Virtual Goods you may have earned or purchased. BlissArte has no obligation to restore your access to any Services, nor to restore or compensate you for any data or Virtual Goods lost.

9. Warranties and Disclaimers

ALL INFORMATION, SOFTWARE, AND SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS.” BlissArte HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

BlissArte MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS, OR COMPLETENESS OF ITS INFORMATION, SOFTWARE, OR SERVICES. BlissArte MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY THAT THE INFORMATION, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS WILL BE CORRECTED.

BlissArte ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, SOFTWARE, OR SERVICES REFERENCED OR LINKED TO ON THIS WEBSITE.

IN NO CASE SHALL BlissArte BE HELD LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM A LOSS OF BUSINESS, DATA, OR REVENUE; RELIANCE ON THE MATERIALS PRESENTED; DELAYS; OR BUSINESS INTERRUPTIONS ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF BlissArte INFORMATION) REGARDLESS OF WHETHER BlissArte HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DOWNLOADING AND USING ANY OF THE SOFTWARE OR SERVICES OFFERED ON THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGE TO YOUR DEVICE SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES.

10. Governing Law

These Terms and your access to and use of the Services will be governed by, and construed and interpreted in accordance with, the laws of the State of California, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be brought only in the courts of the State of California or the United States District Court for the Central District of California.

The following applies to you if you are a resident of the United States or if you commence any action against BlissArte in the United States:

BINDING ARBITRATION AND CLASS ACTION WAIVER

Any arbitration or court trial (whether before a judge or jury or pursuant to judicial reference) of any Claim will take place on an individual basis without resort to any form of class or representative action (the “Class Action Waiver”). THE CLASS ACTION WAIVER PRECLUDES ANY PARTY FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION REGARDING A CLAIM. Regardless of anything else in this Dispute Resolution Provision, the validity and effect of the Class Action Waiver may be determined only by a court or referee and not by an arbitrator. The Parties to this Agreement acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the Parties and is non-severable from the agreement to arbitrate Claims. If the Class Action Waiver is limited, voided or found unenforceable, then the Parties’ agreement to arbitrate shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. THE PARTIES ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL A CLASS ACTION BE ARBITRATED.

11. Severability

You and BlissArte agree that if any part of these terms is or becomes, in whole or in part, invalid or unenforceable under any applicable local laws or court, it is to be deemed severed from these terms to the extent of its invalidity or unenforceability, and the rest of the terms shall remain in full force and effect.