1. Acceptance of these Terms
By downloading, installing or using Bazooka Noodles (the “Game”), you agree to these Terms of Service (the “Terms”). If you do not agree, do not install or use the Game. These Terms form an agreement between you and xBitsNL Gaming and apply in addition to the Google Play Terms of Service.
2. Eligibility
You may use the Game only if you can form a binding contract with us and are not barred from doing so under applicable law. If you are under the age of digital consent in your country, you may use the Game only with the involvement of a parent or legal guardian who accepts these Terms on your behalf. In-app purchases by minors require the consent of a parent or guardian.
3. Licence to use the Game
We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use one copy of the Game on devices you own or control, for your own non-commercial entertainment, in accordance with these Terms and the Google Play Terms of Service.
4. Things you must not do
- copy, modify, translate, reverse engineer, decompile or disassemble the Game, or create derivative works of it, except where this restriction is prohibited by law;
- distribute, sell, rent, sublicense or otherwise make the Game available to others;
- remove, obscure or alter any proprietary notices in the Game;
- use cheats, modified clients, memory editors or any other method to tamper with the Game, your coins or your unlocked items;
- use the Game in any way that is unlawful or infringes the rights of others.
5. Coins, skins and in-app purchases
- The Game uses an in-game currency (“coins”) that you earn by playing or can buy in coin packs, and cosmetic skins that you unlock with coins or buy as premium skins.
- Coins and skins are a limited licence to use virtual items inside the Game. They have no monetary value, cannot be exchanged for real money, goods or services, and cannot be transferred to another person.
- All purchases are processed by Google Play. Prices are shown in the store before you buy. Refunds are handled under Google Play’s refund policy and your statutory rights.
- Your coins and unlocked skins are stored on your device. Uninstalling the Game or clearing its storage removes them. Premium skins can be restored through Google Play where the Game offers this; coins and items unlocked with coins cannot be restored.
- By buying digital content you ask us to deliver it immediately. Once it has been delivered to your device, your EU right of withdrawal for that content ends, as permitted by law.
5a. Advertising
The Game is supported by advertising: a full-screen ad from Google AdMob may be shown between rounds. Ads are provided by Google and its partners; we are not responsible for the content of third-party ads or the websites they link to. How ads use data, and how you can control personalised ads, is described in our Privacy Policy.
6. Your data
The Game stores your coins, skins, best score and settings locally on your device. It uses Google services for advertising, analytics, crash reports, remote configuration and in-app messages. Our handling of personal data is described in our Privacy Policy.
7. Intellectual property
The Game and everything in it — including its source code, artwork, the worm characters, the name “Bazooka Noodles”, the “xBitsNL Gaming” name and logo, text, sounds, music and design — is owned by xBitsNL Gaming or its licensors and is protected by copyright, trade mark and other laws. Fonts included in the Game are used under the SIL Open Font License. Except for the licence in Section 3, no rights are granted to you.
8. Updates and availability
We may release updates and may change, suspend or discontinue the Game or any of its features, including the skins and items on offer, at any time. We are not obliged to provide support, maintenance or future updates. Some updates may be required for the Game to keep working.
9. Disclaimers
To the fullest extent permitted by law, the Game is provided “as is” and “as available”, without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Game will be uninterrupted, secure or error-free. Nothing in these Terms excludes or limits rights you have as a consumer under mandatory law that cannot lawfully be excluded or limited.
10. Limitation of liability
To the fullest extent permitted by law, xBitsNL Gaming will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, profits or goodwill, arising out of or relating to your use of or inability to use the Game. To the fullest extent permitted by law, our total liability for all claims relating to the Game is limited to the greater of (a) the amount you paid for the Game and in-game purchases in the twelve months before the claim, or (b) EUR 25. These limits do not apply to liability that cannot be limited under applicable law, including for death or personal injury caused by our negligence, for fraud, or for our intent or gross negligence.
11. Termination
These Terms apply for as long as you use the Game. You may end them at any time by uninstalling the Game. We may suspend or terminate your licence if you materially or repeatedly breach these Terms, or if required by law or by Google. Sections 4, 5, 7, 9, 10, 12 and 13 survive termination.
12. Changes to these Terms
We may update these Terms from time to time. If we make a material change we will provide reasonable notice by updating the “Last updated” date and, where appropriate, through the Game or the Google Play listing. Continued use after a change takes effect means you accept the revised Terms.
13. Governing law and disputes
These Terms are governed by the laws of the Netherlands, without regard to its conflict-of-law rules. The courts of the Netherlands have exclusive jurisdiction, except that a consumer resident in the EU may also bring proceedings in the courts of their country of residence, where mandatory consumer-protection provisions continue to apply.
14. Contact
xBitsNL Gaming — Jeroen Oudshoorn
[email protected]