Terms of Service and Use
1. Introduction
Welcome to Blastborn, a collectible card game (TCG) created and developed by Derimán Tejera Fumero. By accessing or using our website, as well as any associated content or services, you agree to comply with and be legally bound by these Terms of Service and Use (hereinafter referred to as "Terms"). These Terms govern the use of our website and the services provided through it, including card downloads, access to guides and tutorials, and participation in any game-related activities.
1.1 Scope of the Terms
These Terms apply to all users accessing the Blastborn website (hereinafter referred to as "the Site"), whether as visitors or registered users. They also cover the use of any digital content available on the Site, such as downloadable cards, manuals, news articles, and any other functionality we may implement in the future (such as forums, tournament participation, or contests).
By using the Site, you confirm that you are at least 18 years old, or that you have the authorization and supervision of a legal guardian if you are a minor. If you do not agree with these Terms or any part of them, we request that you stop using the Site and its services immediately.
1.2 Purpose of the Site
The primary purpose of this Site is to offer users the ability to download Blastborn game content for free, including digital cards that can be printed at home or by reprography services. The Site also contains game-related information, user guides, and third-party links to affiliate services or donations that help fund the ongoing development of the project.
1.3 Modifications to the Terms
We reserve the right to modify these Terms at any time, whether to reflect legal changes, improve the service, or include new functionalities or features on the Site. Users will be notified of any significant modifications through visible notices on the Site or via email if you have provided a contact address.
In particular, the distribution model for Blastborn cards (currently available for free download) may change in the future, either by decision of the current rights holder or in case the game's rights are transferred to a new owner. This could include restrictions on free downloads or the introduction of a paid model to access the cards.
Continued use of the Site after the publication of modified Terms implies acceptance of them. It is the user's responsibility to regularly review this section to stay informed about potential changes.
1.4 Global Use and Access from Different Jurisdictions
Blastborn is available to users worldwide. However, access to the Site may be restricted or limited in certain countries due to local regulations. We do not guarantee that the content or services of our Site are appropriate or available for use in all jurisdictions. If you choose to access the Site from outside Spain, you do so on your own initiative and are responsible for complying with local laws applicable to you.
1.5 User Responsibility
As a user of the Site, you agree to comply with these Terms and use the content respectfully and lawfully. You must not:
- Use the Site for illegal or fraudulent purposes.
- Attempt to access restricted areas of the Site without authorization.
- Manipulate or attempt to manipulate the operation of the Site or its supporting systems.
- Distribute, copy, or modify the content without the express consent of Derimán Tejera Fumero or the holder of the corresponding intellectual property rights.
Violating any of these terms may result in the suspension or cancellation of your access to the Site, and you may face legal actions if your conduct causes damage to Blastborn or third parties.
1.6 Limitation of Liability for Site Use
Use of the Site is at your own risk. While we make reasonable efforts to ensure that the Site is continuously available and error-free, we do not guarantee that it will be free from technical interruptions or errors in downloaded files. Blastborn is not responsible for indirect damages, data loss, or issues related to printing downloaded cards.
1.7 Right to Deny Access
We reserve the right to restrict or block access to the Site for any user who violates these Terms, engages in fraudulent activities, or compromises the security or functionality of the Site.
1.8 Technical Compatibility
While the Site is designed to work on most modern devices and browsers, Blastborn does not guarantee full compatibility with all operating systems or configurations. Users are responsible for ensuring they have the necessary means to download and print the content properly.
Services Offered
2.1 General Description of Services
The Blastborn website provides users with free access to a range of services and resources related to the collectible card game (TCG) created by Derimán Tejera Fumero. These services include:
- Downloadable Digital Cards: Users can freely download the game's cards in PDF or image format for personal printing. These cards are designed to be printed at home or by reprography services.
- Access to Game Rules and Guides: The site provides detailed guides on how to play Blastborn, including official rules, strategies, and FAQs for new players.
- News and Updates: The site includes a blog or news section where players can stay updated on game developments, future expansions, events, and rule changes.
- Voluntary Donations: Users can choose to support the ongoing development of Blastborn through voluntary donations. These donations are optional and do not affect access to downloadable cards or any other basic game content.
- Affiliate Links: The site also contains affiliate links, primarily directed to platforms like Amazon, where users can purchase game-related products. Blastborn receives commissions from purchases made through these links, helping to fund the project.
2.2 Card Downloads and Personal Use
The main service offered by the site is the ability to download Blastborn game cards in digital format. These cards are designed for users to print at home or through reprography services under the following conditions:
- Exclusive Personal Use: Downloaded cards must be used exclusively for personal, non-commercial purposes. It is not permitted to resell, redistribute, or modify the cards for any type of economic exploitation without the express consent of Derimán Tejera Fumero.
- Print Quality: Blastborn is not responsible for the quality of prints made by users, as this depends on the equipment and services used. It is recommended to use high-quality printers or professional printing services for the best results.
2.3 Donations and Project Sustainability
To ensure Blastborn's sustainability as a free game, the site offers the option to make voluntary donations. These donations are not mandatory and are used to cover development costs, website maintenance, the creation of new content (such as card expansions), and compensation for the game’s creator, Derimán Tejera Fumero.
- Donation Methods: Users can donate through the methods indicated on the site, which may include online payment platforms such as PayPal or Patreon. Donations are transparent and help fund the project's maintenance and growth, as well as compensate the creator.
- Exclusive Access to Early Content: Donations made through platforms like Patreon may grant early access to exclusive cards or expansions. This type of access is available only to those who donate through platforms that enable the distribution of exclusive content, such as Patreon, where tiered rewards can be implemented based on the donation level.
- No Impact on Basic Access: Donations do not affect access to the game's basic downloadable cards. All players have the same access to this content, regardless of whether they choose to donate.
2.4 Affiliate Links
The Blastborn site also includes affiliate links to game-related products, such as accessories, printing supplies, and other recommended items. These links allow the project to earn commissions from purchases made through them.
- Link Transparency: All affiliate links are clearly indicated and non-intrusive. Users can decide whether they want to use them without any obligation.
- No Responsibility for Third-Party Products: Blastborn is not responsible for the quality, availability, or any other characteristics of products purchased through these links. The contractual relationship and purchase conditions will be between the user and the product vendor.
3. Registration and User Accounts
3.1 Optional Registration
Currently, access to most of the services offered on the Blastborn site does not require users to create an account. However, some future services may require the creation of a user account (e.g., access to exclusive content, participation in tournaments, or newsletter subscriptions).
Registering for an account is optional, and users who decide to register must provide accurate and up-to-date personal information, as described in the site's Privacy Policy.
3.2 Account Information
By registering on the site, you agree to the following:
- Truthful and Complete Information: You commit to providing true, accurate, and complete information during the registration process. In case of changes to the information provided, such as the contact email, you commit to keeping it updated.
- Responsibility for Account Use: You will be responsible for all activities conducted under your account. You must ensure that access information, such as the username and password, remains secure and confidential. If you detect any unauthorized use of your account or a security breach, you must notify us immediately.
- Multiple Accounts: Each user may register only one personal account. Having multiple accounts without explicit consent from Blastborn is not permitted.
3.3 Suspension and Cancellation of Accounts
Blastborn reserves the right to suspend or cancel any user account if a breach of these Terms is detected or if fraudulent or illegal activities are suspected. Account cancellation may include the loss of access to any exclusive content associated with the account, such as expansions or early access cards obtained through donations.
Voluntary Cancellation: If at any time you decide to close your account, you can do so by contacting the support service. However, any exclusive content received through donations will remain linked to the account and will not be transferable.
3.4 Account Transfer
User accounts registered on Blastborn are personal and non-transferable. It is not allowed to transfer control of your account to another person or entity without prior written authorization from Blastborn.
3.5 User Responsibility
As a registered user, you commit to using the site and its services in compliance with applicable laws and regulations, as well as these Terms. It is prohibited to:
- Use the site for illegal or fraudulent activities.
- Publish, share, or distribute inappropriate, offensive, or rights-infringing content.
- Attempt to access restricted areas of the site or other user accounts without authorization.
Failure to comply with any of these terms may result in the suspension or cancellation of your account and, in severe cases, legal action.
4. Intellectual Property
4.1 Copyright and Content Ownership
All content related to the Blastborn game, including but not limited to cards, images, rules, logos, stories, artwork, graphic design, and any downloadable material available on the Blastborn website, is the exclusive property of Derimán Tejera Fumero. This includes future products and game expansions, as well as any content associated with the game universe.
These Terms of Use do not transfer any intellectual property rights to the user and do not grant commercial usage rights over the assets or content related to Blastborn, except in cases specifically permitted in these Terms.
4.2 Use of Logos and Trademarks
Personal Use
The use of the Blastborn logo is allowed in personal projects, such as creating content on social media or non-commercial educational materials. However, modifying the logo or using it on merchandising products without authorization is not permitted.
Use in Tournaments and Events
The Blastborn logos may be used to promote events related to the game, such as local tournaments, provided it is clearly stated that there is no official affiliation with the creator unless such affiliation has been granted in writing. Additionally, it is mandatory to include the official website address (www.blastborn.com) on all promotional materials.
Prohibited Uses
The use of logos in the creation of physical products such as t-shirts, playmats, card sleeves, or any other accessories is not allowed without the express authorization of the creator. Additionally, using the logo on materials that could harm the reputation of the game or its creator is strictly prohibited.
4.3 Use of Cards and Visual Resources
Personal and Non-Commercial Use
Cards and visual resources may be used for personal printing and gameplay. Sharing printed copies with other players in a personal context is allowed, provided no charge is applied.
Community Projects
The creation and distribution of non-commercial promotional materials (such as flyers, banners, or social media ads) for events related to Blastborn are permitted, as long as they do not generate direct income and credit Derimán Tejera Fumero as the creator of the game.
Content Creation on Social Media
Users may create videos, blog posts, or reviews about Blastborn, including images of cards and other visual resources, provided that they do not directly monetize this content through the sale or transfer of the game’s assets. Indirect monetization (such as YouTube ads or sponsorships) is allowed.
Card Alterations
Users may create manually altered versions of physical cards (e.g., custom artwork), provided the original card remains identifiable and is used solely in non-commercial games. Digital reproduction or printing of these alterations for commercial purposes is not allowed.
4.4 User-Created Content
Fan Art and Fan Fiction
Users may create derivative works such as fan art or fan fiction inspired by the Blastborn universe, as long as these works are for non-commercial use. It must be clearly stated that the content is unofficial and not affiliated with the creator unless expressly authorized.
Cosplay
Users are allowed to create cosplay based on Blastborn characters and visual elements for personal and non-commercial use. Creating and selling cosplay products based on the game without authorization is not permitted.
Videos and Reviews
Users can create videos or reviews about the game, sharing images, impressions, and experiences. In all cases, the official Blastborn website address (www.blastborn.com) must be included to provide easy and direct access to the game’s official website.
4.5 Use on Third-Party Platforms
Databases and Auxiliary Applications
Users may use Blastborn card images and other visual resources to create card databases or auxiliary applications, such as life counters or card management tools. These projects must be non-commercial, and any indirect monetization (such as ads or Patreon) must be clearly indicated. Additionally, the official website address (www.blastborn.com) must be included on the platform or application to facilitate access to the official game site.
Prohibition of Direct Monetization
Direct monetization of these applications or platforms through paid subscriptions, product sales, or commercialization of game assets is not permitted without explicit permission.
Creator Acknowledgment
A clear acknowledgment of Derimán Tejera Fumero and Blastborn must be included on the platform or application, along with a disclaimer clarifying that the project is not officially affiliated with the creator.
4.6 Process for Requesting Commercial Permissions
If a user wishes to obtain specific commercial permissions for the use of Blastborn assets (such as creating related products, merchandising, or any other commercial use), they can request a commercial license by directly contacting Derimán Tejera Fumero at the provided email address: [blastbornproject@gmail.com].
Recommended Structure for the Request
When submitting a request for commercial use, it is recommended to include the following information to streamline the process:
- Subject: Request for Commercial License for Blastborn
- Applicant Name: [Your name]
- Project Details: Briefly explain the project for which the commercial license is requested (e.g., t-shirt sales, playmat production, etc.).
- Purpose and Scope: Explain how the Blastborn assets will be used and whether direct income is expected from the project.
- Proposed Terms: Describe the desired terms, such as the duration of the permission and financial compensation if applicable.
Requests should be sent to the following email address: [blastbornproject@gmail.com] or you can use the contact form.
4.7 Prohibited Uses
Despite the permitted uses, there are certain restrictions on how the assets and intellectual property of Blastborn can be used:
Prohibition of Use in Commercial Products
The use of logos, cards, or any other visual resources in the creation of products intended for sale (such as t-shirts, playmats, or customized cards) is not allowed without a commercial license.
Similarity to Official Products
Creating products or content that may mislead others about their affiliation with Blastborn is not permitted. Users must not modify logos or create materials that could be confused with official game products.
4.8 Creator Rights
Derimán Tejera Fumero reserves the right to modify these Terms of Use at any time. Additionally, he reserves the right to revoke permission for the use of any asset or content related to Blastborn if a violation of these Terms is detected or if user-created content compromises the reputation of the game or the creator.
In the event of a violation of these Terms, Derimán Tejera Fumero may take legal action to protect his intellectual property, including the removal of infringing content and seeking compensation for damages.
5. Limitations of Liability
5.1 Use of the Site and Content at the User's Own Risk
The use of the Blastborn website and the download of any content (including cards and additional materials) are performed at the user's sole responsibility. Derimán Tejera Fumero is not responsible for:
- Technical Issues: Website failures, service interruptions, or any errors in downloaded files that affect their use or printing.
- Print Quality: Downloaded content, such as game cards, is designed to be printed by the user. Blastborn is not responsible for the quality of printed materials, as this depends on the equipment and services used by the user.
- Technical Compatibility: Although the website is optimized for use on most browsers and devices, compatibility with all operating systems, configurations, or devices is not guaranteed. Users are responsible for ensuring they have the necessary equipment to access the content.
5.2 Direct and Indirect Damages
Blastborn is not responsible for any direct or indirect damages, data loss, service interruptions, or any inconvenience that may arise from the use of the website or downloaded content. This includes, but is not limited to:
- Data Loss: Any loss of data due to errors in downloaded files, device failures, or printing errors.
- Commercial Losses: If users attempt to use the content for commercial purposes without authorization, Derimán Tejera Fumero will not be liable for commercial losses or any related damages.
- Damages from Unofficial Projects: If users create products, applications, or events related to Blastborn without authorization, the creator assumes no responsibility for the outcomes or consequences of such projects.
5.3 Links to Third-Party Sites
The Blastborn website may contain links to third-party websites (such as affiliate links or pages for recommended products). Derimán Tejera Fumero is not responsible for:
- Third-Party Content: The quality, availability, or legality of content or products offered on third-party websites.
- Transactions on External Sites: Any purchase or transaction made on third-party websites is the user's responsibility and is governed by the policies of those websites.
5.4 Modifications to the Site and Content
Derimán Tejera Fumero reserves the right to modify, suspend, or remove any part of the Blastborn website, including downloadable cards and other resources, at any time and without prior notice. This includes:
- Content Updates: Changes or improvements to cards, guides, or materials available for download.
- Service Interruptions: Temporary or permanent suspension of access to the website or certain resources, without liability for any resulting damages.
5.5 Disclaimer of Liability for Events or Tournaments
If users organize tournaments or events related to Blastborn without the creator's official authorization, Derimán Tejera Fumero will not be responsible for:
- Injuries or Damages: Any personal injury, property damage, or security issues that occur during such events.
- Disputes Between Participants: Any conflicts or disputes arising between participants of an unofficial event related to the game.
5.6 Disclaimer for User-Generated Content
Derimán Tejera Fumero assumes no responsibility for content generated by users, such as fan art, videos, or card alterations. Users creating such content are responsible for ensuring that they do not infringe on third-party rights and that they comply with these Terms.
5.7 Clarification on the Use of Printed Cards
The creator of Blastborn is not responsible for issues related to the quality of printed cards, including printing errors or the use of unsuitable materials. Users are responsible for ensuring that they use appropriate equipment and materials for optimal printing results.
5.8 Responsibility for the Use of Expansions or Exclusive Content
Expansions or exclusive content, such as additional cards for donors, are offered "as is." Compatibility of these expansions with previous versions of the game is not guaranteed, and Derimán Tejera Fumero assumes no responsibility for issues arising from the implementation of new rules or cards.
5.9 Exclusion of Legal Claims
To the extent permitted by law, users agree not to bring legal claims against Derimán Tejera Fumero or the Blastborn team for damages or losses related to the use of the website or downloaded content.
5.10 Dispute Resolution Process
In the event of any dispute related to these Terms or the use of the site, the parties must attempt to resolve the conflict amicably before initiating any legal proceedings.
5.11 Limitation of Warranties
The website and all materials provided are offered "as is" and "as available," without express or implied warranties of any kind. This includes, but is not limited to:
- Availability Warranty: There is no guarantee that the site will always be available or that access will be uninterrupted or error-free.
- Accuracy Warranty: While efforts are made to keep information up-to-date and accurate, there is no guarantee that all content will be free from errors, omissions, or inaccuracies.
6. Privacy Policy
6.1 Collection of Personal Information
At Blastborn, we value our users' privacy. We collect personal information only when necessary to provide a better experience on our website. The information we may collect includes:
- Registration Information: If users create an account on the site, we may collect their name, email address, and any other information provided during registration.
- Donation Data: If a user makes a donation through our website or via third-party platforms such as Patreon, we may collect their contact information and the details necessary to process the donation (though we do not store sensitive payment data).
- Site Usage Data: We collect information about how users navigate and use the site, such as IP address, browser type, pages visited, and time spent on the site. This helps us improve the site's functionality.
6.2 Use of Personal Information
The information collected is used for the following purposes:
- Provide and Improve the Service: We use personal information to manage and enhance the site's functionality, ensuring content is accessible and relevant to users.
- Communications: If users have provided their email address, we may use it to send updates about Blastborn, respond to inquiries, or share important information about the site or game.
- Donation Management: Information related to donations is used exclusively to process transactions and manage corresponding benefits (such as early access to exclusive cards for donors).
6.3 Protection of Information
We are committed to protecting our users' personal information. We implement appropriate security measures to prevent unauthorized access, alteration, or misuse of the data we collect:
- Encryption: We use encryption measures to safeguard sensitive data transmitted through the site.
- Restricted Access: Only authorized members of Derimán Tejera Fumero's team or Blastborn have access to the personal information necessary for managing the site and donations.
6.4 Data Storage
Personal data will be stored for as long as necessary to fulfill the purposes described in this policy or as required by applicable laws. Information related to donations will be retained as long as necessary to meet tax or legal obligations.
6.5 Use of Third-Party Services
We use third-party analytics tools, such as Google Analytics, to understand how users interact with the site. These tools collect usage data anonymously to help us improve the user experience. Users can opt out of these services by adjusting their browser settings.
6.6 Sharing Information with Third Parties
Blastborn does not sell or share users' personal information with third parties, except under the following circumstances:
- Donation Platforms: If users make donations through external platforms such as Patreon, only the data strictly necessary for processing the transactions will be shared with these platforms.
- Legal Obligations: In cases where we are required to comply with the law, we may share personal information with legal authorities, always in accordance with data protection regulations.
6.7 Policies Related to Minors
The site is not intended for individuals under the age of 18. We do not knowingly collect information from minors without the consent of a parent or legal guardian. If you discover that a minor has provided personal information without such consent, please contact us, and we will delete the data immediately.
6.8 User Rights
Users have the right to access, modify, or delete the personal information they have provided to Blastborn. To exercise these rights, they can contact us via the email address provided on the site. Additionally:
- Right to Transparency: Users have the right to know what information is collected and how it is used.
- Right to Deletion: If at any time a user wishes to delete their account or personal information from the site, they can submit a request. We will respond to such requests within a reasonable timeframe.
6.9 Cookies and Similar Technologies
We use cookies and similar technologies to enhance users' experience on the site. These cookies allow us to:
- Remember User Preferences: Store information about user preferences, such as language or site settings, to improve navigation.
- Analyze Site Usage: Cookies allow us to collect data on site usage to improve design, structure, and functionality.
Types of Cookies Used:
- Essential Cookies: Necessary for the basic functioning of the site.
- Analytical Cookies: Help improve the site by collecting anonymous usage data.
- Third-Party Cookies: Used by external services such as social networks or traffic analytics.
Users can manage or disable cookies through their browser settings, although this may affect their experience on the site.
6.10 Updates to the Privacy Policy
We reserve the right to update this Privacy Policy at any time to reflect changes in our practices or applicable laws. Users will be notified of any significant changes through a notice on the website or, when possible, via email.
6.11 Contact for Privacy Inquiries
For any questions or requests related to this Privacy Policy, users can contact us at: [blastbornproject@gmail.com].
7. Conditions for the Use of the Website and Content
7.1 Permitted Use of the Site
Access to and use of the Blastborn website are subject to acceptance of these Terms. By using this site, users agree that:
- Personal and Non-Commercial Use: The site and its content are intended exclusively for personal and non-commercial use, except in cases where specific authorization has been obtained for commercial uses (such as licensed asset use).
- Prohibition of Content Alteration or Manipulation: Users must not modify, alter, or create derivative works based on Blastborn content, except in cases permitted by the Intellectual Property Terms.
- Compliance with Rules: Users agree to use the site respectfully and to comply with the laws applicable in their jurisdiction, as well as to follow the rules established in these Terms of Use.
- Educational and Critique Use: Users may use Blastborn assets for educational or critique purposes within the limits permitted by intellectual property laws and fair use. Any use beyond this will require explicit written authorization.
7.2 Prohibited Behavior
Users must not engage in any of the following actions while using the Blastborn site:
- Unauthorized Access: Attempting to access restricted areas of the site, servers, or associated network systems, or engaging in activities that compromise the site's security.
- Use of Automated Tools: The use of scripts, bots, or any other type of automated software to interact with the site or to download content in bulk is prohibited.
- Inappropriate or Illegal Content: Publishing, sending, or transmitting content that is offensive, illegal, defamatory, infringes on the rights of others, or is deemed inappropriate under the standards of Derimán Tejera Fumero and Blastborn.
- Manipulation of Materials: Copying, distributing, transmitting, displaying, or engaging in any unauthorized use of site content (including cards, images, or texts) except as permitted by the previous sections.
- Spread of Malware: Attempting to introduce viruses, malware, or any malicious software into the site or associated systems. Blastborn is not responsible for any damage, loss, or harm caused by malware, viruses, or other malicious programs users may have downloaded from third parties while visiting the site or clicking on external links.
7.3 User Responsibility
The user assumes full responsibility for their use of the site and its content. This includes, but is not limited to:
- Account Information Security: If the user creates an account on the site, they are responsible for maintaining the security of their credentials (username and password) and for any activity conducted with their account.
- Compliance with Regulations: Users must comply with local, state, and national regulations related to the use of the site and access to its content.
- Damages from Improper Use: The user agrees to be responsible for any damages resulting from unauthorized or improper use of the site.
7.4 Suspension or Termination of Accounts
Derimán Tejera Fumero and the Blastborn team reserve the right to suspend or terminate any user account or limit access to the site under the following circumstances:
- Violation of Terms: If the user violates any of the Terms of Use or uses the site inappropriately, their account may be suspended or deleted without prior notice.
- Fraudulent or Illegal Activity: In cases of suspicious or illegal activity, such as attempts at unauthorized access or fraudulent use of content, actions will be taken to block the user's access and report the activity to relevant authorities if necessary.
- Legal Consequences for Service Abuse: In cases of severe violations of these Terms, such as fraudulent use of content or infringement of intellectual property rights, Derimán Tejera Fumero reserves the right to take legal action against the offender in addition to account suspension.
7.5 Respect for Copyright and Intellectual Property
All copyright and intellectual property rights associated with Blastborn content are the exclusive property of Derimán Tejera Fumero or their respective holders. By using the site, users agree to respect these rights and follow the rules established for the use of game assets. The following is strictly prohibited:
- Unauthorized Reproduction or Distribution: Users may not copy, reproduce, or distribute site content without express authorization, except in cases permitted under the previous sections.
7.6 User Responsibility for Generated Content
If the site allows user-generated content, such as comments, reviews, or forum posts, users will be responsible for the content they publish. Derimán Tejera Fumero reserves the right to remove any content deemed inappropriate, offensive, or in violation of these Terms.
- Opinions and Comments: Opinions and comments posted by users on the Blastborn site are the sole responsibility of their authors. Derimán Tejera Fumero is not responsible for third-party content but reserves the right to remove any inappropriate comments or content that violates these Terms.
- User-Generated Content Storage: User-generated content (comments, reviews, etc.) may be stored indefinitely unless the user requests its removal or Derimán Tejera Fumero decides to delete it due to a violation of these Terms.
8. Links to Third Parties and External Content
8.1 Inclusion of Links to Third-Party Sites
The Blastborn website may contain links to third-party websites, such as donation platforms (e.g., Patreon), printing services, online stores (e.g., Amazon referral links), or other external resources. These links are provided for users' convenience, but Derimán Tejera Fumero assumes no responsibility for the content, products, or services offered on these external sites.
8.2 Use of Referral Links
Some of the links included on the Blastborn site may be referral links, meaning that if users make purchases through these links (e.g., on Amazon), Derimán Tejera Fumero may receive a commission. Users should note the following:
- Transparency in Referral Links: Whenever a referral link is included, it will be clearly indicated so that users understand its commercial nature.
- Responsibility for Purchases: Any transaction or purchase made on third-party sites via referral links is solely the user's responsibility and will be governed by those third parties' policies.
8.3 Disclaimer of Warranties
Blastborn does not guarantee the accuracy, availability, or security of linked third-party sites, nor is it responsible for protecting personal data users provide to those sites. By clicking on an external link, the user assumes all risks associated with using those sites.
8.4 No Responsibility for External Content
Blastborn is not responsible for the content, privacy policies, terms of service, or the quality or availability of products or services offered on linked third-party sites. Users should be aware that by clicking on an external link, they are leaving the Blastborn site and accessing a website that may have its own policies and conditions.
User Verification: It is the user's responsibility to review the privacy policies and terms of service of any third-party website before making transactions or sharing personal information on those sites.
8.5 Broken or Inactive Links
Blastborn does not guarantee the validity or availability of external links provided on the site. If a link is broken or inactive, we assume no responsibility for the lack of access to third-party content or for any damages caused by the inability to access those sites.
8.6 Third-Party Advertising and Affiliate Services
In some cases, Blastborn may include advertisements or third-party promotions on the site. These advertisements may contain links to external websites. Derimán Tejera Fumero does not endorse or take responsibility for the products or services offered in these advertisements, and users should interact with them at their own risk.
- Advertising Not Sponsored by Blastborn: Any advertisement or recommendation of external products does not imply direct sponsorship by Derimán Tejera Fumero or Blastborn.
- Contextual Advertising: Advertising displayed on the Blastborn site may be based on user interests. This is achieved through cookies and similar technologies that track user behavior to deliver relevant ads. Blastborn has no control over the products or services offered through these advertisements.
8.7 User Responsibility in Accessing External Content
By clicking on third-party links or interacting with external content, the user agrees that:
- Use of External Links at Their Own Risk: Any access to third-party sites is done at the user's sole responsibility. Derimán Tejera Fumero is not responsible for any damage, loss, or harm caused by interacting with such external content.
- Security and Caution: Users are advised to exercise caution when accessing external websites and ensure these sites are secure before providing personal information or conducting transactions.
- Compliance with Terms of External Platforms: By accessing external links, users also agree to the terms of service and privacy policies of those sites. Derimán Tejera Fumero is not responsible for user interactions with those sites or any disputes arising from the use of external services.
8.8 Links to Blastborn from Third-Party Sites
If a third party wishes to include a link to the Blastborn website, it may do so under the following conditions:
- Permitted Link: Links to the Blastborn site must direct exclusively to the homepage or authorized pages and must be clearly identified as such. Reproducing or displaying the site's content in "frames" on another site is not allowed.
- Prohibition of False Affiliation: The link must not suggest or imply any affiliation, sponsorship, or relationship with Blastborn or Derimán Tejera Fumero unless there is prior written authorization.
- Prohibition of Use for Illegal or Harmful Purposes: Links to Blastborn are not permitted on sites that promote illegal or harmful activities or that damage the reputation of the game or its creator. Derimán Tejera Fumero reserves the right to request the removal of such links at any time.
- Prohibition of Reputational Harm: Links to the Blastborn site from third-party sites must not harm the reputation of the game, its creator, or its users.
8.9 Modifications and Removal of Links
Derimán Tejera Fumero reserves the right to request the removal of any link that does not comply with these Terms or is deemed inappropriate. Links may be modified or removed without prior notice, and users have no right to claim compensation for the removal of links to third-party content.
9. Modifications to the Terms
9.1 Right to Modify the Terms
Derimán Tejera Fumero reserves the right to modify, update, or remove any part of these Terms of Use at any time and at their sole discretion. Changes may be made without prior notice, except in cases where the law requires advance notification.
9.2 Notification of Changes
In the event of significant changes to the Terms, users will be informed as follows:
- Notice on the Website: A prominent notice will be posted on the Blastborn website, indicating the changes to the Terms and the date they will take effect.
- Email Notification: When possible, and if the user has provided an email address, a direct notification about the changes will be sent. This is particularly applicable if the changes affect key aspects such as content usage or user rights.
- Effective Date: Unless otherwise stated, modifications to the Terms will take effect immediately upon publication on the website. Continued use of the site after the changes implies acceptance of the new terms.
9.3 Acceptance of Modifications
By continuing to use the Blastborn website after the date the modifications take effect, the user implicitly accepts the modified Terms. If the user does not agree with the new terms, they must stop using the site immediately.
9.4 Changes to Offered Services
In addition to the Terms of Use, Derimán Tejera Fumero may modify, suspend, or discontinue any service or content offered through the Blastborn site at any time and without prior notice. This includes, but is not limited to:
- Temporary or Permanent Suspension of Features: Changes may be made to site functionalities or the availability of certain sections or downloadable content.
- Modification of Usage Policies: Any policy related to content or service usage, such as donation policies or access to exclusive content, may be modified. Changes to policies related to donations or early access to exclusive content will be notified with reasonable advance notice. Users will have the option to modify or cancel their donations if they disagree with the new terms.
9.5 Grace Period for Significant Changes
In the case of modifications that significantly affect the use of the site or the services offered, a 30-day grace period will be provided from the notification of the change before the new terms take effect. This allows users to adapt or make decisions regarding continued use of the site.
9.6 Changes to Fees
If fees or payments for access to additional content or services are introduced in the future, any price changes will be notified in advance to allow users to review or cancel their subscription if desired.
9.7 Changes to the Privacy Policy
Any changes to the Privacy Policy will also be notified in the same manner as the Terms of Use, and users will have the option to review the changes before continuing to use the site.
9.8 Non-Retroactivity
Modifications to these Terms will not have retroactive effect and will not affect agreements or situations prior to the effective date, unless otherwise stated for legal reasons.
9.9 User Rights Regarding Modifications
If a user disagrees with any modifications to the Terms of Use or changes made to the site or services offered, they have the right to:
- Stop Using the Site: The user may choose to stop using the site if they do not agree with the new Terms or changes.
- Request Account Deletion: Registered users who do not accept the changes can request the deletion of their account and the removal of any personal data stored, in accordance with the Privacy Policy.
10. Applicable Law and Jurisdiction
10.1 Applicable Law
These Terms of Use and any contractual relationship between users and Derimán Tejera Fumero concerning Blastborn will be governed and interpreted in accordance with the laws applicable in Spain. This includes, but is not limited to:
- Disputes: Any disputes related to the access, use, or interaction with the Blastborn website and services will be resolved under Spanish law.
- Validity of the Terms: If any provision of these Terms is deemed unlawful or unenforceable in any jurisdiction, that provision will be applied to the maximum extent permitted by law without affecting the validity of the remaining Terms.
10.2 Competent Jurisdiction
In the event of any controversy, claim, or dispute arising from the use of the Blastborn website, users agree that:
- Exclusive Jurisdiction: The courts of Santa Cruz de Tenerife, Spain, will have exclusive jurisdiction to resolve any disputes related to these Terms of Use, the use of the site, or the services provided by Blastborn.
- Waiver of Alternative Jurisdictions: Users expressly waive any other jurisdiction that might apply to them and agree to submit to the exclusive jurisdiction of the courts of Santa Cruz de Tenerife, Spain.
10.3 Amicable Dispute Resolution
Before initiating any legal proceedings, Derimán Tejera Fumero and the user agree to attempt to resolve any conflict or dispute amicably through dialogue or mediation within a reasonable timeframe. This may include:
- Direct Negotiations: Both parties will make reasonable efforts to reach an agreement without the need for litigation.
- Alternative Dispute Resolution (ADR): If direct negotiations fail to resolve the conflict, the parties may opt for mediation or arbitration in Santa Cruz de Tenerife, Spain, and will adhere to the rules and procedures of that jurisdiction.
10.4 Compliance with Local Laws
Derimán Tejera Fumero does not guarantee that the Blastborn website complies with the laws of all countries from which it is accessed. Users are responsible for complying with the local laws of their country or region, particularly regarding:
- Legal Access: Users must ensure that using the site and downloading content is legal in their jurisdiction.
- Local Restrictions: If the use of the Blastborn website is restricted or prohibited in the user's country of residence, they are responsible for complying with local laws and must refrain from accessing the site if doing so violates such restrictions.
10.5 Disputes Related to Donations
Any dispute related to donations or obtaining exclusive content for donors will be handled in accordance with the laws applicable in Spain, and any claim must be filed before the courts of Santa Cruz de Tenerife, Spain.
10.6 Exclusion of Liability for Legal Changes
Derimán Tejera Fumero will not be held responsible for the inability to access or use the Blastborn site resulting from changes in local or international legislation affecting the legality of the services offered. Users must stay informed of any legal changes in their jurisdiction that could impact their access to the site.
10.7 Prevalent Language
In the event that these Terms are available in multiple languages, the Spanish version will prevail in case of conflict or discrepancy in the interpretation of the terms.
10.8 No Liability for Inaccessibility in Other Jurisdictions
Users accessing the site from outside Spain are responsible for verifying that the site's use is legal in their jurisdiction and must refrain from accessing or using the site if local laws prohibit it.
This document of terms of service and use was last updated on September 20, 2024.