Terms of Use

Last Updated: January 1, 2025

Effective Date: January 1, 2025

Agreement to Terms

Welcome to Halloween Color by Numbers, operated by BrainArt Studio. These Terms of Use constitute a legally binding agreement between you and BrainArt Studio regarding your access to and use of the gamenexusquest.com website and all related services.

By accessing or using our website, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree with any part of these terms, you must not use our website or services.

Definitions

For the purposes of these Terms of Use:

• Company refers to BrainArt Studio, located at Krugerstraße 4, 1010 Wien, Austria
• Website refers to gamenexusquest.com and all associated pages
• Service refers to the Halloween Color by Numbers game and all related features
• User or You refers to any individual accessing or using our website
• Content refers to all text, images, graphics, audio, video, and other materials on our website

Eligibility and Age Requirements

Our services are intended for users aged 4 years and older. By using our website, you represent and warrant that:

• You are at least 4 years old
• If you are under 13 years old, you have obtained parental or guardian consent
• If you are between 13 and 18 years old, you have reviewed these terms with a parent or guardian
• You have the legal capacity to enter into these Terms of Use
• You are not prohibited from using our services under applicable laws

Parents and guardians are responsible for supervising children's use of our website and ensuring compliance with these terms.

Account Registration

Currently, our website does not require account registration for basic use. If we introduce account features in the future:

• You must provide accurate and complete information
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities under your account
• You must notify us immediately of any unauthorized access
• We reserve the right to suspend or terminate accounts that violate these terms

Acceptable Use

You agree to use our website and services only for lawful purposes. You must not:

Prohibited Activities

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit harmful code, viruses, or malware
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt our services
• Use automated systems to access our website without permission
• Collect user information without consent
• Impersonate others or provide false information
• Harass, abuse, or harm other users
• Post inappropriate or offensive content
• Engage in fraudulent activities
• Reverse engineer or attempt to extract source code

Content Standards

If you submit any content to our website, you agree that it will:

• Be accurate and truthful
• Not violate any laws or rights
• Not contain harmful or malicious code
• Be appropriate for all ages
• Not promote illegal activities

Intellectual Property Rights

Our Content

All content on our website, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, and software, is the property of BrainArt Studio or its licensors and is protected by international copyright, trademark, and other intellectual property laws.

Our trademarks and trade dress may not be used without our prior written permission. All other trademarks not owned by us that appear on our website are the property of their respective owners.

License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website for personal, non-commercial purposes. This license does not include:

• Any resale or commercial use of our website or content
• Collection or use of product listings or descriptions
• Making derivative works of our content
• Downloading or copying account information
• Use of data mining or similar data gathering tools

User Content

If you submit content to our website, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and distribute such content for the purpose of providing and improving our services.

You retain all ownership rights to your content. However, you are responsible for ensuring you have all necessary rights to grant us this license.

Third-Party Links and Services

Our website may contain links to third-party websites or services that are not owned or controlled by BrainArt Studio. We have no control over and assume no responsibility for:

• The content, privacy policies, or practices of third-party websites
• Any damage or loss caused by use of third-party services
• The accuracy or reliability of third-party information

We strongly advise you to review the terms and privacy policies of any third-party websites you visit.

Disclaimer of Warranties

Our website and services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to:

• Warranties of merchantability and fitness for a particular purpose
• Warranties that the service will be uninterrupted or error-free
• Warranties regarding the accuracy or reliability of content
• Warranties that defects will be corrected
• Warranties regarding security or virus-free operation

We do not warrant that our website will meet your requirements or expectations. Your use of our website is at your sole risk.

Limitation of Liability

To the maximum extent permitted by applicable law, BrainArt Studio and its directors, employees, partners, agents, suppliers, or affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, data, use, or goodwill
• Service interruption or system failures
• Cost of substitute services
• Unauthorized access to your data
• Errors or omissions in content

Our total liability for any claims arising from these terms or your use of our website shall not exceed the amount you paid us in the past 12 months, or 100 EUR, whichever is greater.

Indemnification

You agree to defend, indemnify, and hold harmless BrainArt Studio and its officers, directors, employees, and agents from any claims, damages, obligations, losses, liabilities, costs, or expenses arising from:

• Your use of our website or services
• Your violation of these Terms of Use
• Your violation of any third-party rights
• Your violation of applicable laws or regulations
• Any content you submit to our website

Governing Law and Jurisdiction

These Terms of Use are governed by and construed in accordance with the laws of Austria and the European Union, without regard to conflict of law principles.

Any disputes arising from these terms or your use of our website shall be subject to the exclusive jurisdiction of the courts of Vienna, Austria. However, we retain the right to bring legal proceedings in any jurisdiction where you reside or where a breach occurs.

Dispute Resolution

Before filing a lawsuit, you agree to attempt to resolve any dispute informally by contacting us at support@gamenexusquest.com. We will attempt to resolve the dispute informally within 60 days.

If a dispute cannot be resolved informally, either party may initiate binding arbitration in accordance with Austrian arbitration rules, or pursue resolution through the courts as specified above.

European Union Users

If you are a consumer based in the European Union, you benefit from mandatory provisions of consumer protection law in your country of residence. Nothing in these terms affects your rights as a consumer under EU law.

You also have the right to file a complaint with your local consumer protection authority or use the European Commission's Online Dispute Resolution platform at http://ec.europa.eu/consumers/odr/

Modifications to Terms

We reserve the right to modify these Terms of Use at any time. We will notify you of material changes by:

• Posting the updated terms on this page
• Updating the "Last Updated" date
• Providing notice through our website or via email

Your continued use of our website after changes become effective constitutes acceptance of the modified terms. If you do not agree to the changes, you must stop using our website.

Termination

We may terminate or suspend your access to our website immediately, without prior notice or liability, for any reason, including:

• Breach of these Terms of Use
• Violation of applicable laws
• Fraudulent or illegal activities
• At our sole discretion for any other reason

Upon termination, your right to use our website will immediately cease. All provisions that should reasonably survive termination will remain in effect.

Severability

If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary. The remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights. Any waiver must be in writing and signed by an authorized representative of BrainArt Studio.

Assignment

You may not assign or transfer these Terms of Use or your rights and obligations without our prior written consent. We may freely assign these terms. Any attempted transfer or assignment in violation of this section will be null and void.

Entire Agreement

These Terms of Use, together with our Privacy Policy and any other legal notices published on our website, constitute the entire agreement between you and BrainArt Studio regarding your use of our website.

Force Majeure

We shall not be liable for any failure to perform our obligations where such failure results from circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Affiliate Disclosure

Our website may contain affiliate links to third-party products or services. We may receive compensation when you click on or make purchases through these links. This does not affect the price you pay and helps support our services.

We only recommend products and services we believe will add value to our users. All opinions expressed are our own and are not influenced by compensation.

Responsible Gaming

We are committed to promoting responsible gaming practices:

• Take regular breaks during extended play sessions
• Set reasonable time limits for gaming activities
• Ensure gaming does not interfere with daily responsibilities
• Supervise children's gaming activities
• Contact us if you have concerns about gaming habits

Accessibility

We strive to make our website accessible to all users, including those with disabilities. If you experience accessibility issues, please contact us at support@gamenexusquest.com so we can provide assistance and improve our services.

Contact Information

If you have questions, concerns, or feedback regarding these Terms of Use, please contact us:

BrainArt Studio
183 Lindenhof Street
Vienna, Austria
1010

Email: support@gamenexusquest.com
Alternative Email: contact@gamenexusquest.com

Language

These Terms of Use are provided in English. If we provide translations for convenience, the English version will prevail in case of any discrepancies or conflicts.

Acknowledgment

By using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy.