TERMS OF SERVICE (HEREINAFTER THE “TERMS”) OF MY SINGING MONSTERS STORE (HEREINAFTER THE “STORE”).

(Version dated by the May 21, 2024)

My Singing Monsters STORE is the official online store for the acquisition of in-game resources for the My Singing Monsters project – product of Big Blue Bubble Inc., which is its legal owner and/or operator (hereinafter referred to as the Project).

PLEASE READ CAREFULLY BEFORE USING THE STORE AND RELATED SERVICES OF THE PROJECT OR ANY SERVICES PROVIDED THROUGH THE STORE AND PROJECT IS SUBJECT TO THESE TERMS. YOU AGREE TO BE BOUND BY THE TERMS PRESENTED BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE STORE IN ANY WAY OR FOR ANY PURPOSE WHATSOEVER.

ACCEPTANCE OF THE TERMS These Terms sets out the legal terms between you (either an individual or legal and non-legal entity) and Big Blue Bubble Inc..

These Terms and including cases where personal data is collected and processed in accordance with and as stipulated by the Article 6(1)(f) of the GDPR Regulation, are accepted by you when you actually use the Project and (or) Services provided by Big Blue Bubble. These Terms remain effective from the date of acceptance until terminated by you or Big Blue Bubble in accordance with these Terms.

You cannot accept these Terms if: (a) you are not lawfully entitled to use the Services under any applicable laws in the country in which you are located or resident; or (b) if you are not of legal age to form a binding agreement with Big Blue Bubble. By accepting these terms you acknowledge, represent and agree that you have reached the age to enter into such binding agreement in the country in which you are located or resident or that you have your parent or legal guardian’s permission if required by applicable law. You expressly represent that you are legally allowed to enter into these Terms and that you do not violate any applicable laws.

Certain countries maintain legal restrictions on the usage of the Service and (or) downloading, installing and/or using of products, portions of products, or software that are or might be available through the Service. You expressly represent that you comply with all applicable legal restrictions in your jurisdiction. You are not permitted to use our Product if you are, or if you are owned or controlled directly or indirectly by, a person that is the target of export control restrictions, embargoes, or economic or trade sanctions maintained by the United States (including the U.S. Department of the Treasury’s Office of Foreign Asset Control (“OFAC”), the U.S. Department of Commerce, or the U.S. Department of State), the United Nations Security Council, the European Union, any European Union member state, or Her Majesty’s Treasury of the United Kingdom (collectively, “Sanctions”), including any person (a) named on any Sanctions-related list of designated persons, including the Specially Designated Nationals and Blocked Persons List maintained by OFAC, or the Entity List maintained by the U.S. Department of Commerce, the “Consolidated list of persons, groups and entities subject to EU financial sanctions” maintained by the European Union, or the “UK Consolidated List of Asset Freeze Targets” maintained by Her Majesty’s Treasury of the United Kingdom; or (b) operating, organized, or resident in a country or territory that is the target of comprehensive Sanctions (currently Cuba, Iran, North Korea, Syria, and the Crimea region) (collectively, a “Prohibited Person”). By using our Product you represent and warrant that (i) you are not (nor are you owned or controlled by, or acting for or on behalf of, directly or indirectly) a Prohibited Person; (ii) you are not prohibited by any Sanctions from using Big Blue Bubble’ Product; and (iii) you will not provide access to the Product to any Prohibited Persons.

If you access the Project and (or) the Service from a social network, you shall comply with its terms of service/use and privacy notice as well as these Terms and Privacy Policy

Please note that these rules shall not create any third party’s rights including any enforcement right (civil right of action) thereof, and may be enforced solely by Big Blue Bubble in its sole discretion.

The failure by Big Blue Bubble to exercise or enforce any of the Terms shall not constitute or be deemed a waiver of its right thereafter to enforce each and every of these Terms.

PERSONAL DATA PROTECTION

The confidentiality of your data is our main priority. We strive to make the use of Big Blue Bubble projects as convenient and safe as possible.

The Store does not collect any personal information about you. The identification number (BBB ID) of the in-game account is required when purchasing in-game resources, which is not personal information. We are unable to identify you on the site in any way. Please indicate the ID carefully, as this ID will be credited with resources after the acquisition. Payment processing is carried out by Xsolla, please read its policies.

By accepting the Terms, you acknowledge and confirm that you have reached the age required to enter into a binding agreement in the country of your residence of domicile. We do not collect data from persons who are under the age of 18 and do not allow such persons to use our Services without the proper consent of a legal representative.

STORE PURCHASES

The Store lets you get VIRTUAL COMMODITIES AND CURRENCY for a Project. All purchases made in the online store must be paid with real currency. Prices for in-project resources are displayed in the Store and are fixed. Prices are subject to change at any time, but changes will not affect purchases already made. You are welcome to purchase project-related resources for personal use or as a gift. When the purchase is paid for, the delivery time for intra-project resources is no longer than 7 days. Please be advised that the purchased resources will be considered to have been used from the moment they are delivered to the recipient specified.

Please follow the community rules when you make purchases.

VIRTUAL COMMODITIES AND CURRENCY

Projects may include virtual currencies (i.e. Diamonds and Coins) (“Virtual Currency”), items or services for use with our Games (“Virtual Commodities”) these Virtual Commodities can be both consumable (i.e. Food, Boosters) or durable (i.e. Decorations). You agree that once purchased Virtual Currency and/or Virtual Commodities have no monetary value and can never be exchanged for real money, real goods, or real services from us or anyone else. You agree that Virtual Currency and/or Virtual Commodities are in no way transferable to anyone else and you will not transfer or attempt to transfer any Virtual Currency and/or Virtual Commodities to anyone else. Please refer to our Project Terms and Conditions for full details on Virtual Commodities and Currency.

REFUND POLICY

The purchase of Virtual Commodities and Currency is final and is not refundable, transferable, or exchangeable under any circumstances, except as otherwise required by applicable law or refund policy of the platform. If you give your Account or payment details to other users, appear to be abusing our policies, or don’t protect your account with authentication, a refund may not be issued.

Refunds are not given for most purchases of Virtual Commodities and Currency. However, there are exceptions (see below.) If you are a resident of any EU Member State, you have certain withdrawal rights for purchases of Virtual Items made with real currency. You can also contact our support team. The support team can process refunds pursuant to these policies, applicable laws, and the payment processor’s standard terms and conditions.

For some cases, you may be able to get a refund depending on the following details of the purchase:

For purchases made in error, a refund can be requested within one week of payment;
Virtual Currency must not be consumed or used;

Virtual Commodities and Currency will be voided from the account upon request of a refund. In some instances a full rollback of the user’s account will be necessary to clear consumed items and process a refund.

If you are a resident of any EU Member State, you have certain withdrawal rights for purchases of Virtual Items made with real currency. However, you expressly waive your withdrawal right once the performance of the Service in terms of obtaining initial access to the Project through your Account. You agree that: (i) download of Virtual Items begins immediately after purchase; and (ii) you lose your right of withdrawal once the purchase is complete.

Store Refund Policies

User refund processes differ based on the platform the purchase has been made from (Apple App Store, Google Play Store, Steam, Amazon App Store) User refunds are exclusive of taxes previously charged to users for product purchases.

Apple App Store

Refunds for purchases made through the Apple App Store are not processed by Big Blue Bubble and must be requested through Apple Support.
Users must submit refund requests through the Report a Problem website or through their Apple ID account settings on their device.
Apple’s refund policy allows users to request a refund for any purchase, including In-App-Purchases of Virtual Commodities and Currency, made within the last 90 days.
Refunds are processed at the discretion of Apple.

Google Play

Refunds for purchases made through the Google Play Store may be requested, and processed within 48 hours automatically.
Beyond 48 hours, please submit a support request to the Monster-Handlers including:
- The BBB ID of the account
- The Transaction ID of the purchase

Amazon App Store

Refunds for purchases made through the Amazon App Store must be requested through Amazon Customer Support.

Steam

Refunds for purchases made through Steam may be requested in accordance with the refund policy guidelines.
Refund requests must be submitted via a support request to the Monster-Handlers

Xsolla

Purchases made through the My Singing Monsters Store are processed by Xsolla.
Valid refund requests must be made through the purchasers Xsolla Wallet.

DISCLAIMER

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PROJECT AND (OR) SERVICES IS AT YOUR SOLE RISK, AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).

WITHOUT LIMITING THE FOREGOING, NEITHER BIG BLUE BUBBLE NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY REFERRED TO AS THE “BIG BLUE BUBBLE PARTIES”) WARRANT THAT THE PROJECT AND (OR) SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE PROJECT AND (OR) SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE BIG BLUE BUBBLE PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE PROJECT AND (OR) SERVICE.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE AND AGREE NOT TO SEEK TO HOLD THE BIG BLUE BUBBLE PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE PROJECT AND (OR) SERVICE AND OPERATORS OF EXTERNAL WEB-SITES, AND THAT THE RISK OF INFRINGEMENT OF YOUR RIGHTS AND (OR) DAMAGES FROM USING THIRD PARTY SERVICES AND EXTERNAL WEB-SITES RESTS ENTIRELY WITH YOU.

TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE BIG BLUE BUBBLE PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO THE BIG BLUE BUBBLE PARTIES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL 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 BIG BLUE BUBBLE.

MISCELLANEOUS

If any provision of these Terms (or part of it), is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the Terms without affecting the legality, validity or enforceability of the remainder of the Terms.

The failure by Big Blue Bubble to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of Big Blue Bubble’s right or remedy.

We may make changes to these Terms from time to time and we will publish the changes at this link. Changes will be effective when published. Please review these Terms on a regular basis. You acknowledge and agree that you express acceptance of the Terms of Services after the date of publication shall constitute your agreement to the updated Terms. If you do not agree with the amended Terms, you may terminate these Terms in accordance with the set forth below.

Governance Law and Jurisdiction

Our Games and other Services are made available subject to these terms. This section explains which laws apply to these terms.

The Games and Services are made accessible, operated, and controlled from Big Blue Bubble, Inc. in Ontario, Canada. They can be accessed from various countries of the world. The laws of Ontario shall govern the interpretation of these terms and apply to claims for breach of it, without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and claims in negligence and tort, will be subject to the laws of the country in which you are resident. If there is a dispute between us regarding these Terms of Use, then that dispute will be subject to the jurisdiction of the courts of the Superior Court of Ontario Canada unless the law in your country of residence allows you to choose the courts of that country for the dispute in question.

These Terms are made in the English language. We can provide you with a French, German, Italian, Spanish, Portuguese, Russian, Turkish, and Japanese translation of these Terms. In the event of any inconsistency between a non-English translation of these Terms and the English version, the English version shall prevail.

Big Blue Bubble Inc.

100 Dundas Street, London, ON, Canada N6A 5B6