Please read Top Tier Club’ (further also referred to as “TTC” or “us” or “we”) Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.toptier.club website (further referred to as the “website”), any of our games’ Discord channels or YouTube channels (further referred to as “our channels”), and any of our other services available for your use (further referred to as “our Services”).
Your access to and use of the Service is conditioned on your reading, understanding, acceptance of, and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
TTC provides its users (“TTC users”, “our users”, or just “users”) with:
Applications for mobile platforms or devices, and web applications accessible on third-party social networking services (SNS)
- Game publisher networks
- Crowd sourcing services and platforms
- Web forums
- Messaging boards and channels
- Other websites (including our own BlueMoonGame.com)
Our Services allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post, or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Further, you warrant that: (i) the Content will not cause you or us to breach any law, regulation, rule, code, or other legal obligation; (ii) the Content will not or could not be reasonably considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; (iii) the Content will not be unsolicited, undisclosed or unauthorized advertising; (iv) the Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; and (v): the Content does not bring us or the Service into disrepute.
You agree to keep all records necessary to establish that your Content does not violate any of the requirements of this clause and make such records available upon our reasonable request.
We are under no obligation to regularly monitor the accuracy or reliability of your Content incorporated into the Service. We reserve the right to modify or remove any Content at any time.
You acknowledge and agree that all Content you provide on the Service will be publicly available information and you bear the risks involved with such public disclosures.
The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of TTC and its licensors. The Service is protected by copyright, trademark, and other laws of both Serbia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of TTC. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
You are permitted to use the Service only as authorized by us. As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Service to create, display, use, play, and download Content subject to these Terms.
Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute.
You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us. This also includes ratings, chat, comments, and feedback given and/or made by our users. The user is advised to exercise caution and good judgment when participating in creating any of the mentioned above.
We will not regularly motor and moderate user-created content mentioned above, but users also cannot expect to be able to go back and edit such content made by them, after making it available through any of our services.
Links To Other Web Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by TTC.
TTC has no control over and assumes no responsibility for: the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that TTC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such web sites or services.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
We shall not be liable to you or any third party for any claims and/or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Specific Game Terms and Conditions
The Terms and Conditions listed here are valid for all separate games TTC publishes and offers, along with any and all additional terms and conditions our games might also have. By accessing and/or using our website, channels, and our services you agree to be bound by these Terms. All separate games in our offer might also ask for your compliance with additional Terms.
If you disagree with any part of the terms then you may not access our website, channels, or other services.
All games in our offer have their separate refund policy to which you agree upon accessing or using the game and/or any of the corresponding services we offer.
TTC’s refund policy is valid for any and all purchases made within our scope of services, including games, in the cases listed below:
- When you do not receive the purchased items or services
- When your purchased items or services are not operational
- When you receive wrong items or services than the ones you purchased
TTC might ask for additional data on the situations listed above, such as screenshots, the date and time of the purchase and the use of the services or items, and other data.
TTC is not responsible for any mistakes in purchases, handling, or using of the purchased items and/or services, and is not obligated by the refund policy.
If you disagree with any part of the terms then you may not access our website, channels, or other services.
Virtual Items and Virtual Currency
TTC owns, licenses, or otherwise has the rights to use all TTC Content appearing or originating in/from our services, applications, or Third-Party Applications. This includes virtual items (“Virtual Items”) and virtual currency (“Virtual Currency”).
Virtual Items and Virtual Currency are provided solely for your personal and entertainment use. They may only be used for the services they are originally intended for, and may not be used for other applications, Third-Party Applications, or any other uses as they have no “real world” value.
By purchasing or receiving Virtual Items or Virtual Currency, the user receives only a limited license to use those in TTC services they are intended for, including any other terms that may also apply to them.
Those Virtual Items and Virtual Currencies are not the user’s personal property despite the users purchasing them, and no ownership interest is transferred to users during purchasing or receiving those.
TTC reserves the right to change the prices, kinds, or amounts available for Virtual Items and Virtual Currency, without any notice given to our users. We also reserve the right to change or discontinue Virtual Items and Virtual Currency received or purchased by the users, without any notice given to the users.
Virtual Items and Virtual Currency purchased or received through TTC’ services may not be sold, transferred, or used in any way in exchange for any “real world” money or valuables. They can only be used for the exchange where they are previously meant and allowed for, which is within the specific service corresponding to the type of Virtual Item and/or Virtual Currency in question.
Orders & Payments
YOU AGREE THAT IF YOU ARE UNDER THE AGE OF 18 OR WHATEVER IS THE AGE OF LEGAL MATURITY WHERE YOU ACCESS OUR SERVICES, YOU MAY MAKE PAYMENTS ONLY WITH THE INVOLVEMENT OF YOUR LEGAL GUARDIAN, AND YOU REPRESENT THAT YOUR LEGAL GUARDIAN HAS READ, UNDERSTOOD, AND AGREED TO THESE TERMS.
Our users may purchase, with “real world” money, limited licenses to use Virtual Items and/or Virtual Currency from TTC in accordance with our Terms and Conditions. By purchasing and using our Virtual Items and/or Virtual Currencies, our users agree that all such purchases are final.
If the Virtual Items or Virtual Currency you ordered and/or purchased from TTC becomes unavailable before it can be provided to you, your only remedy is to request a refund of the purchase price from the payment processor of the transaction.
Your orders for limited licenses to Virtual Items and/or Virtual Currency are offers for use of those, and if accepted, they will be immediately downloaded to your TTC respective account. You expressly consent to the making available of Virtual Items and Virtual Currency immediately upon acceptance of your order.
If you are a resident of the European Union and you purchase such Virtual Items and/or Currency, you may be eligible to withdraw from such purchases within 25 hours of the time of the purchase, but only if the “Cooling Off Period” is available and agreed upon by us. This right of withdrawal will not apply where our performance begins before the end of the mentioned “Cooling Off Period” or the mentioned 24 hours.
Therefore, our user understands, agrees with, and accepts that his or her right of withdrawal is forfeit in the moment of ordering and acceptance of limited licenses to Virtual Items or Virtual Currency from us. You agree that TTC provides no refunds for any purchases except only as expressly stated in these Terms.
If you have any questions about these Terms, please contact us. [email protected]