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1. Introduction

1. These Terms of Service (“Terms” or “Terms of Service”) set out the relationship between you (“you” or “yourself” or “your”) and Luke Massaglia (a Florida sole proprietorship) (“we” or “us” or “our” or “Luke Massaglia”) regarding your use of our games and services.

2. By playing, downloading, or accessing any of our Services, you agree to these Terms. You also agree to our Privacy Policy listed in these Terms.

3. If you do not understand or accept any of these Terms, do not use, access, download, or purchase our Services. If a minor uses our Services, the minor’s legal guardian agrees to these Terms.

4. These Terms can be accessed at any time at our Website(s), which is currently . We reserve the right, at our sole discretion, to change, add, or remove parts of our Terms and Privacy Policy, by posting the updated Terms on our Website(s). You continuing to use our Services after the changes confirms your acceptance of the updated Terms or Privacy Policy.

2. License Grant and Right to Use Our Services

1. Subject to these Terms, we grant you a non-exclusive, non-transferrable, non-sublicensable, limited right to use our Services for your own personal, non-commercial, entertainment purposes. You agree to use our Services only for their intended purpose. The rights granted to you are subject to your complete compliance with these Terms.

2. Except as listed in 2.1, you do not receive any other license and we retain all right, title, and interest in and to our Services. We own all copyright, trademarks, trade secrets, code, software, characters, themes, settings, artwork, sound effects, music, in-game items, gameplay recordings, patents, titles, all other Intellectual Property, and all rights in, or derived from these Services. Our Services may not be copied, distributed, or reproduced in any way without our prior written consent. Our prior written consent is given at our sole discretion.

3. However, some assets in our Services are not created by us, and they are owned by other creators and/or licensed to be used in our Services by other creators. They can be viewed on our Website(s).

All content, including but not limited to titles, trademarks, and artwork are copyright material and/or trademarks of their respective owners. ALL RIGHTS RESERVED

4. Regarding assets that are owned by other creators and/or licensed to be used in our Services by other creators, assets owned and/or licensed by those creators may not be extracted, reproduced, or distributed in any way. You may not create derivatives of those assets. You may also not use them in any way that is not in accordance with these Terms.

5. Regarding assets that are owned by other creators and/or licensed to be used in our Services by other creators, you understand that use of those assets in any way prohibited by these Terms can result in action against you from the creators of those assets. We are not liable for any actions the creators of those assets may do against you if you use those assets in a way that is prohibited by these Terms. We are also not liable for any actions the creators of those assets may do against you because of your use of their assets.

6. Our Services may contain the font 'Roboto', which uses the Apache License, Version 2.0. The Apache License, Version 2.0 ONLY applies to the font 'Roboto' used in our Services and nothing else.

‘Roboto’ font is copyrighted by Google 2011.

7. Use of the 'Roboto' font must be done in accordance with the Apache License, Version 2.0. We are not liable for any action the creators of these asset(s) may do against you because of your use of their assets.

8. All content, including but not limited to titles, trademarks, and artwork are copyright material and/or trademarks of their respective owners. ALL RIGHTS RESERVED

9. The license ends when you stop using our Services, at our disposal of our Services, or our termination of the license in accordance with these Terms.

3. Your Requirements and Prohibited Actions

1. You are responsible for ensuring that installing our application does not cause any issues with other services from third parties.

2. You must comply with the terms of service of the storefront or site in which you received our Services. This includes but is not limited to Steam and itch.io.

3. You must comply with necessary third party terms of service when using our Services.

4. You agree that you must use our services in a way that is appropriate and honest.

5. You agree that you must follow all requirements listed and abstain from doing any prohibited actions listed throughout section 3. You also agree that you will use our Services in a way that is appropriate and honest, and you agree that you will abstain from doing any actions on our Services that are not appropriate and honest.

6. You must follow and comply with all laws for the locations that you use our Services in. If you are unable to use our Services without violating laws in the location that you access our Services, do not access, download, or use our Services.

7. You may not sell, transfer, rent, sublicense, license, lend, or redistribute any of our Services.

8. You also may not make any of our Services available on a network, allowing more than one device to use it at any time.

9. You may not advertise, share, or promote any or the use of any cheats, Bugs, exploits, modifications, or any other prohibited means that would interfere with our Services, or allow you to receive an unfair advantage in our Services.

10. You may not use any of our Services in any means for any commercial purpose without our prior written consent.

11. You may not create a derivative from any of our Services.

12. You may not copy or distribute our Services or any derivatives with our prior written consent.

13. You may not make any of our Services available for public use, or in any commercial content or content that will transfer or display/show commercial advertisements.

14. You may not attempt to challenge, disrupt, or interfere with our Services and any of their normal operations, or with any of our business activities.

15. You may not attempt to gain prohibited or unauthorized access to any of our Services.

16. You may not attempt to do any automated use of any of our Services.

17. You may not attempt to bully, harass, or harm anyone with our Services.

18. You may not attempt to mimic or impersonate anyone besides you while using our Services.

19. You may not post any personal information that is not your own without the consent of the person whose information it is.

20. You may not attempt to use any of our Services to gather data without our prior written consent.

21. You may not attempt to use our Services in union to a violation of a law or an attempt to do so.

22. You may not attempt to hack, reverse engineer, disassemble, dismantle, or decompile any of our Services.

23. You may not attempt to override, avoid, take down, or defeat any of our security measures in place for our Services.

24. All information that is provided to us by you must be accurate, true, and fully complete.

4. Updates and Access to Our Services

1. We reserve the right to remove or change our Services at any time and for any reason, at our sole discretion. This includes but is not limited to updating our Services and shutting down Services.

2. We can provide updates to our Services and require you to accept them.

3. You might need to update third party software to access our Services.

4. It is your sole responsibility to update our Services and third party services.

5. We are not liable for Loss caused by you not updating our Services.

6. We do not need to provide assistance regarding your use of any of our Services. This includes but is not limited to internet and hosting.

7. Our Services may be not available due to technical or similar reasons at any time.

5. Interaction with Other Users in Our Services

1. Our Services may allow you or us to interact with other users or post materials. For example, a forum for one of our Services. You are responsible for all content posted and any interactions you have, and you do so at your own risk.

2. You must be honest and appropriate when using our Services. You may not share anything illegal or offensive, or anything that would violate these Terms or applicable laws.

3. You are responsible for all risks from any content from yourself or from other users. We are not liable for any content, accuracy of the content, and Loss or Claim from interactions with other users or content made by other users.

4. You give us a non-exclusive, international/worldwide, royalty-free, sub-licensable right to use any content created by any user, including but not limited to Intellectual Property, from any content shared, submitted, or created on our Services.

5. We reserve the right to remove or modify content created by users on our service if it violates these Terms or is against applicable laws.

6. Third Party Services

1. You may interact with and use a third party service when you purchase, access, download, or update our Services, and when you use our Services. This also includes but is not limited to any forums and websites that are affiliated with our Services.

2. You agree to the terms and conditions of any third party that you interact with. We are not in any way liable for any actions taken by any third parties.

3. You may have access to third party sites within our Services from links. By accessing any third parties from links in our Services, you agree to their terms and conditions and their privacy policy.

4. We are not in any way liable for any actions taken by any third parties.

7. Ownership and Intellectual Property Rights

1. You agree that all Intellectual Property from us regarding our Services is owned or licensed by us.

2. You also understand that some assets in our services are not created and/or owned by us, as stated in Section 2.

3. Our services are licensed to you, and you agree that there is no ownership or title in our Services is being transferred or assigned.

4. These Terms do not constitute a sale of any rights in our Services. No Intellectual Property rights are transferred to you from this license or from the use of our Services.

5. For all content created by users in our Services, if you receive any intellectual property rights from content created in our Services, you will keep ownership, and we will receive a non-exclusive, international/worldwide, royalty-free, fully-transferable, perpetual, irrevocable, sublicensable license to be able to use, modify, or utilize your content created on our Services in any and for any purpose, with no compensation or benefit to you. You agree to not enforce/apply and waive to the fullest extent permitted by law, any moral rights you currently have or will have with regards to your content created in our Services.

8. Privacy and Data Collection

1. Data may be collected when you use any of our Services. For more information about this, please view our Privacy Policy. It can be found at our Website(s), which is currently .

2. By using any of our Services, you agree to these Terms and our Privacy Policy, and that agreeing to them is a requirement to use our Services.

9. Termination of Services or Accounts

1. You agree that we can limit, suspend, terminate, modify or delete your Account or your access to our Services or parts of our Services, if we suspect that you are, not complying with any of these Terms or our Privacy Policy, or we suspect any illegal or prohibited use of our Services. We are not required to provide notice to you.

2. If your Account is terminated, deleted, suspended, or limited from accessing our Services, you may not access any of our Services from any other Accounts.

3. If your access to our Services or parts of our Services is limited, suspended, deleted, or terminated, you may not access any of our Services.

4. You accept that we choose to limit, suspend, terminate, modify, or delete your Account or your access to our Services or parts of our Services, any data associated with your Account may be lost, including but not limited to any purchases.

5. You accept that if you choose to terminate or delete your Account or access to our Services or parts of our Services, any data associated with your Account may be lost, including but not limited to game progress and any purchases.

6. When your Account is terminated or deleted, you must destroy any remaining copies of our Services and anything related to our Services.

7. When your access to our Services or parts of our Services is terminated, you must destroy any remaining copies of our Services and anything related to our Services.

8. When your access to our Services or parts of our Services is deleted, you must destroy any remaining copies of our Services and anything related to our Services.

9. You agree to reimburse us, by law, for all Losses, Claims, and expenses that may be caused by a violation of these Terms.

10. DISCLAIMER AND RELEASE

1. TO THE FULLEST EXTENT ALLOWED BY LAW, WE ARE NOT LIABLE FOR ANY LOSSES OR CLAIMS THAT ARISE DIRECTLY OR INDIRECTLY FROM A FAILURE TO PROVIDE OUR SERVICES.

2. TO THE FULLEST EXTENT ALLOWED BY LAW, WE ARE NOT LIABLE FOR ANY LOSSES OR CLAIMS THAT ARISE DIRECTLY OR INDIRECTLY FROM ISSUES WITH DATA OR LOSS OF DATA, AND ERRORS OR BUGS IN OUR SERVIVCES.

3. TO THE FULLEST EXTENT ALLOWED BY LAW, WE ARE NOT LIABLE FOR ANY LOSSES OR CLAIMS THAT ARISE DIRECTLY OR INDIRECTLY FROM ANY TERMINATIONS OR SUSPENSIONS OF ANY OF OUR SERVICES.

4. TO THE FULLEST EXTENT ALLOWED BY LAW, WE ARE NOT LIABLE FOR ANY LOSSES OR CLAIMS THAT ARISE DIRECTLY OR INDIRECTLY FROM ANY USE OF ANY OF OUR SERVICES BY OTHER USERS, INCLUDING ANY VIOLATIONS OF THESE TERMS IN OUR SERVICES BY OTHER USERS.

5. TO THE FULLEST EXTENT ALLOWED BY LAW, WE ARE NOT LIABLE FOR ANY LOSSES OR CLAIMS THAT ARISE DIRECTLY OR INDIRECTLY FROM ANY MEDICIAL ISSUES THAT YOU OR ANYONE MAY RECIEVE OR SUFFER FROM DUE TO USE OF OUR SERVICES.

6. TO THE FULLEST EXTENT ALLOWED BY LAW, WE ARE NOT LIABLE FOR ANY LOSSES OR CLAIMS THAT ARISE DIRECTLY OR INDIRECTLY FROM ANY TECHNICAL ERRORS OR ISSUES THAT YOU OR OTHERS MAY EXPERIENCE DUE TO USE OF OUR SERVICES.

7. TO THE FULLEST EXTENT ALLOWED BY LAW, WE ARE NOT LIABLE FOR ANY LOSSES OR CLAIMS THAT ARISE DIRECTLY OR INDIRECTLY FROM ANY IMPROPER USE OF OUR SERVICES OR USE OF OUR SERVICES THAT IS NOT IN ACCORDANCE WITH THESE TERMS.

11. WARRANTY

1. ALL OF OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE. YOU AGREE THAT OUR SERVICES ARE NOT PROMISED TO BE ERROR, BUG, AND VIRUS FREE, AND THAT ANY ERRORS, BUGS, OR VIRUSES IN OUR SERVICES IS NOT A VIOLATION OF THESE TERMS.

2. UNLESS EXPLICITLY PROVIED TO OPPOSE THESE TERMS, AND TO THE FULLEST EXTENT ALLOWED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS, INCLUDING BUT NOT LIMITED TO DIRECT DAMAGES, INDIRECT DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CLAIM, OR CONSEQUENTIAL DAMAGES, THAT WERE DIRECTLY OR INDIRECTLY CAUSED BY A VIOLATION OF THESE TERMS, OR DIRECTLY OR INDIRECTLY CAUSED BY THE SUPPLY OF FAULTY SERVICES.

3. UNLESS EXPLICITLY PROVIED TO OPPOSE THESE TERMS, AND TO THE FULLEST EXTENT ALLOWED BY LAW, OUR LIABILITY FOR ANY CONDITION, GUARANTEE, TERM, OR WARRENTY THAT IS REQUIRED BY LAW AND CAN’T BE EXCLUDED LAWFULLY BY US IS LIMITED TO REPAIRING, REPLACING, OR SUPPLYING THE EQUIVALENT GOODS, OR PAYING THE COST OF ANY OF THOSE SOLUTIONS.

4. UNLESS EXPLICITLY PROVIED TO OPPOSE THESE TERMS, AND TO THE FULLEST EXTENT ALLOWED BY LAW, OUR MAXIMUM LIABILITY TO YOU FOR ANY LOSSES YOU RECEIEVE OR CLAIMS YOU MAKE AGAINST US IS LIMITED TO A MAXIMUM SUM OF NO MORE THAN $5USD (5 US DOLLARS) OR THE COST OF THE PRODUCT OR SERVICE, WHICHEVER IS LESS.

5. YOU AGREE THAT YOU AQUIRED OUR SERVICES WITH YOUR INDEPENDENT JUDGEMENT, AND YOU HAVE NOT DEPENDED ON ANY PROTRAYAL WE HAVE MADE THAT IS NOT EXPLICITLY STATED IN THESE TERMS, OR EXPLICITLY STATED IN DESCRIPTIONS, IMAGES/PICTURES, OR STATEMENTS IN ANY DOCUMENT.

12. Virtual Items and DLC

1. Our Services can include DLC and Virtual Items. These items can be earned by progressing in game or by being purchased with legal currency.

2. You understand that all Virtual Items and DLC have no monetary value and no value outside of the service. Virtual Items and DLC do not represent any real-life value in our Services. You do not own the Virtual Items and DLC that you purchase, you purchase a limited revocable personal license to use the Virtual Items or DLC.

3. We can adjust, limit, change, or remove Virtual Items and DLC at any time without notice and without any liability to you or our users.

4. You cannot bring Claims or suffer any Losses from loss or damages from your Virtual Items or DLC. To the fullest extent allowed by law, we are not liable to reimburse you in any matter related to the Virtual Items or DLC.

5. If your access to our Services or parts of our Services is terminated, you will lose your Virtual Items and DLC, and we will not reimburse you or refund you.

6. If you access to our Services or parts of our Services is deleted, you will lose your Virtual Items and DLC, and we will not reimburse you or refund you.

7. If you choose to terminate or delete your Account or access to our Services or parts of our Services, you will lose your Virtual Items and DLC, and we will not reimburse you or refund you.

13. Assignment

1. We may transfer all or some of our rights and responsibilities in these Terms to anyone else without your consent or agreement. You cannot transfer any rights given to you from these Terms unless you receive our prior written consent from us.

14. Entire Agreement

1. These Terms and our Privacy Policy set out the relationship between you and Luke Massaglia with regards to our Services. They replace all previous agreements between us.

15. Severability

1. If any part/section/line of these Terms is void or unenforceable, it will not impact or limit other parts of these Terms, and only that part/section/line will be severed or terminated. All other parts/sections/lines of these Terms will remain in full effect.

16. Waivers

1. Us failing to enforce any of our rights from these Terms does not forfeit our ability to enforce that right. All waivers of our rights must be in prior written consent from us.

17. Governing Law

1. These Terms are governed by the laws in St. Johns County, Florida, United States of America. All legal actions associated with these Terms must be brought in the federal or state courts in St. Johns County, Florida, United States of America.

2. All legal actions associated with these Terms must be done in the English language.

18. Class Action Waiver

1. To the fullest extent of the law, you and Luke Massaglia agree to only bring disputes individually and will not try to join, bring, or participate in any class, collective, or representative action, private attorney general action or collective arbitration, or any other action where another individual or entity acts in a representative ability, or strengthens or joins individual proceedings or allows another to without written consent of Luke Massaglia and you to these Terms and all other actions, even if arbitration rules or procedures would otherwise allow one.

2. If the agreement in 18.1 should be found illegal or unenforceable, you and Luke Massaglia agree that the agreement in 18.1 shall not be severable, that 18.1 will be unenforceable and any claim or dispute would be resolved in court and not in a class or collective action.

19. Informal Resolution Period

1. If you have an issue that our support (which can be found on our Website(s)) cannot resolve, you and Luke Massaglia agree to attempt to informally resolve the dispute prior to going to court. You and Luke Massaglia agree to make an effort in good-faith to resolve any dispute between us for at least 60 days, which is known as the Informal Resolution. The Informal Resolution begins once you or Luke Massaglia receive a written Notice of Dispute in accordance with these Terms.

2. To begin the Informal Resolution period, contact our support on our Website(s) and send us a Notice of Dispute. When contacting our support, you must include the following: “NOTICE OF DISPUTE” at the top of your message (so we understand what the message is for), your legal name and address, the Steam account you used to use our Services, your email address and phone number, your issue, your preferred method of contact from us, and what you would like Luke Massaglia to do about your issue. If Luke Massaglia has a dispute with you, we will attempt to get in touch with you through any means that we may have. The Notice of Dispute from either party must include the following: “NOTICE OF DISPUTE” at the top of the message (so the other party understands what the message is for), their legal name and address, their Steam account that they used to use our Services (if necessary), their email address and phone number, their issue and all necessary details, their preferred method of contact from the other party, and what they would like the other party to do about their issue. The Informal Resolution begins once the Notice of Dispute is sent to the other party. You or Luke Massaglia cannot go to court before having sent a Notice of Dispute and completed the Informal Resolution Period. In the event that there is a disagreement over whether a Notice of Dispute was sent or if a party goes to court before the Informal Resolution period, the party affected by this issue can seek relief from the federal or state courts in St. Johns County, Florida, United States of America, to prohibit the court case from continuing until the Informal Resolution period has been completed, and to require the party that didn’t follow the Informal Resolution process to cover the other party’s fees and costs that already happened.

3. If the dispute is not resolved by Informal Resolution, you or Luke Massaglia may go to court in accordance with these Terms.

4. If a dispute must go to court, you or Luke Massaglia must go to court within 1 year from which the dispute first happened. Action(s) taken must be in accordance with these Terms.

20. Situations Outside of Our Control

1. Despite anything else in these Terms, we are not liable for any delays or failure to follow these Terms if it is caused by situations that are not in our control. This includes but is not limited to a flood, strikes, or any wars.

21. Indemnity

1. To the extent allowed by law, you agree to defend, indemnify and hold harmless Luke Massaglia, from and against all claims, losses, damages, obligations, liabilities, costs, debt, or expenses, which are from your use and access of Our Services, you violating these Terms, or you violating of any right(s) of any third party, including but not limited to any copyright or trademark right(s). This includes but is not limited to attorneys’ fees.

22. Taking Action

1. YOU AND LUKE MASSAGLIA AGREE THAT ANY CAUSE OF ACTION ARISING FROM OR RELATED TO OUR SERVICES MUST BEGIN WITHIN 1 YEAR AFTER THE CAUSE OF ACTION HAPPENS. IF NOT, THAT CAUSE OF ACTION IS BARRED FOREVER.

2. Action(s) taken must be in accordance with these Terms.

23. Additional Agreements

1. We may publish additional agreements or policies related to specific Services. To use those specific Services, you must agree to our Terms of Service and those additional agreements or policies.

24. Definitions

1. Steam means Valve Corporation of Bellevue, Washington.

2. Itch.io means Itch Corp. of San Francisco, California.

3. Services means any services offered by us. This includes our games, websites, forums, and anything else related.

4. Bugs mean any unintended error in an application, which in this case is our Services.

5. Loss means all losses, expenses, damages, or costs that happened, either directly, indirectly, or consequentially.

6. Claim means any action, claim, proceeding, or demand that currently exists or may exist in the future, and it can refer to any event that has occurred or will occur in the future.

7. Account means any third party account that is used to interact with our Services. An example is a account that can be used to interact with our Website(s).

8. Intellectual Property means all intellectual property rights worldwide that include patents, copyrights, trademarks, trade secrets, and other intellectual property and the right to register them and renew them, regardless of their creation date.

9. Virtual Items means any virtual item that is used in our Services.

10. DLC means any virtual downloadable content add-on used in our Services. These content add-ons usually must be purchased with legal currency.

11. Privacy Policy means our Privacy Policy, which can be found on our Website(s).

12. Update means an update is released that replaces or adds onto the initial Service. This can include adding features, removing features, or changing features of our Services, which is done at our sole discretion.

13. Bolide means the game Bolide created by Luke Massaglia (a Florida sole proprietorship).

14. Apache License means the Apache License, Version 2.0, found on .

15. Apache License, Version 2.0 means the Apache License, Version 2.0, found on .

16. Website(s) means the official website(s) owned and/or managed by Luke Massaglia (a Florida sole proprietorship). In this case, they are .

17. means the official Bolide game website owned and/or managed by Luke Massaglia (a Florida sole proprietorship). Please note that this website may redirect to another website owned and/or managed by Luke Massaglia (a Florida sole proprietorship).

18. Virus means any malicious program or code that harms or negatively impacts the system, data, or program(s) on a computer. In the English language, this could also be known by the term “computer virus” or “malware”.

19. Informal Resolution means the 60+ day period where you and Luke Massaglia attempt to resolve any disputes in good faith before going to court. This begins by sending a Notice of Dispute to the other party.

20. Notice of Dispute means the notice sent to the other party to begin the Informal Resolution period. It includes the necessary information stated in these Terms, including but not limited to contact information, the issue, and the desired action(s) to be taken by the other party.


25. Disclosure

1. You can view these Terms and our Privacy Policy on our Website(s), which is currently .

2. These Terms were last updated on 1/30/2025.

3. You can contact us on our Website(s), which is currently .