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HelloBlink - User Agreement

Effective Date: July 1, 2025

This User Agreement ("Agreement") is a legal agreement between you ("User" or “you”) and Buffalo Games LLC & Subsidiaries including, but not limited to EastPoint Sports Ltd. LLC and CEACO Inc, a company organized under the laws of New York, United States ("Company" or "Buffalo Games"). This Agreement governs your use of any Buffalo Games mobile application, including but not limited to Tattoo Maker and similar companion apps (each, an "App"), and any connected physical IoT products sold or branded by Buffalo Games (collectively, the "Services"). The App is licensed, not sold, to you.

By downloading, installing, or using the App, you affirm that you have read, understood, and agree to be bound by this Agreement. If you are under the age of 13, you may only use the Services with verifiable parental or legal guardian consent, in accordance with applicable laws.

 

  1. Eligibility and Parental Consent

The Services are intended for users in the United States, including children under 13 years of age, provided their parent or legal guardian has reviewed and consented to this Agreement and the accompanying Privacy Policy. Children under 13 may not use the Services without parental consent. Users under 18 should review this Agreement with a parent or legal guardian.

 

  1. License Grant

The App has been developed and is maintained in part by an external third-party development agency contracted by Buffalo Games. While these partners help deliver the Services, your contractual relationship and any obligations under this Agreement are solely with Buffalo Games.

We grant you a limited, non-exclusive, non-transferable, revocable license to install and use the App solely for your personal, non-commercial use with our authorized physical products.

 

  1. License Restrictions

Except as may be expressly permitted by applicable law or expressly authorized by the App, you shall not:

  1. copy the App, except as expressly permitted by this license;
  2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App;
  3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
  4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof;
  5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time;
  6. use any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App;
  7. use any manual process to monitor or copy any of the material on the App, or for any other purpose not expressly authorized in this Agreement, without Company's prior written consent;
  8. frame, mirror, or otherwise incorporate the App or any portion of the App as part of any other mobile application, website, or service;
  9. use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party's use of the App; or
  10. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App.

 

 

  1. Reservation of Rights

You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company reserves and shall retain its entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

 

 

  1. Account Registration

While the current version of the App does not require account creation, future updates may include features that do. In the event that account registration becomes available, you or your child (with appropriate parental consent) may be required to provide accurate and complete information. You agree to maintain the confidentiality of any account credentials and acknowledge responsibility for all activities conducted under your account. All information we collect through or in connection with this App is subject to our Privacy Policy [INSERT AS LINK TO MOBILE APP PRIVACY POLICY]. By downloading, installing, using, and providing information to or through this App, you consent to all actions taken by the Company with respect to your information in compliance with the Privacy Policy.

 

  1. Updates

Company may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet either:

  1. the App will automatically download and install all available Updates; or
  2. you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.

 

  1. Data Privacy and Protection

At this time, we do not collect or store any personal information from users through the App or connected physical products. Your use of the Services is still governed by our Privacy Policy, which will be updated should data collection features be introduced in the future. For users under 13, we are committed to compliance with the Children’s Online Privacy Protection Act (COPPA). If data collection is implemented, we will not collect personal data from children without verifiable parental consent, and we will provide clear notice at that time.

 

 

  1. User Conduct

You agree not to:

  • Violate any applicable laws or regulations
  • Interfere with the App’s functionality or security
  • Upload or transmit any unlawful, harmful, or offensive content
  • Misuse the Services to harm others, including impersonation or unauthorized data collection.

 

  1. Intellectual Property

All intellectual property rights in the App and related content are owned by the Company or its licensors. You may not use any content from the Services without our express written permission, except as permitted under this Agreement.

User-generated content (UGC) submitted through the App remains your property, but you grant us a limited, non-exclusive, royalty-free license to use, display, and distribute such content solely in connection with providing the Services. If the UGC is submitted by a user under the age of 13, you affirm that verifiable parental or legal guardian consent has been obtained prior to submission. We reserve the right to remove any content that violates this Agreement or applicable laws.

 

  1. Third-Party Materials

The App may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

 

 

 

  1. Disclaimer of Warranties

THE APP IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

 

  1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR THE CONTENT AND SERVICES FOR:

(a)   PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

     (b)  DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APP.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

 

  1. Indemnification

You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the App or your breach of this Agreement, including but not limited to the content you submit or make available through this App.

 

  1. Term and Termination
  2. The term of Agreement commences when you download the App and will continue in effect until terminated by you or Company as set forth in this Section
  3. You may terminate this Agreement by deleting the App and all copies thereof from your mobile device.
  4. Company may terminate this Agreement at any time without notice if it ceases to support the App, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
  5. Upon termination:
  6. all rights granted to you under this Agreement will also terminate; and
  7. you must cease all use of the App and delete all copies of the App from your mobile device and account.
  8. Termination will not limit any of Company's rights or remedies at law or in equity.

 

 

 

  1. Severability

If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

 

  1. Governing Law and Dispute Resolution

This Agreement is governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in New York and New York County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

  1. Modifications to the Agreement

We reserve the right to modify this Agreement at any time. We will notify you of material changes through the App or by other reasonable means. Your continued use of the Services after such notice constitutes your acceptance of the changes.

 

  1. Entire Agreement

This Agreement and our Privacy Policy constitute the entire agreement between you and Company with respect to the App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App.

 

  1. Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

 

 

 

  1. Export Compliance

The App may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the App available outside the US. You represent that you are not located in any country subject to U.S. government embargo or designated by the U.S. government as a “terrorist supporting” country.

 

  1. Contact Information

If you have any questions or concerns about this Agreement, please contact us at: [email protected].

 

By using the App or Services, you agree to this User Agreement.

Buffalo Games LLC
220 James E. Casey Drive

Buffalo, NY 14206
[email protected]