BIGPOINT INC. - Terms of Service - EFFECTIVE DATE: DECEMBER 15, 2011
These Terms of Service govern your use of the Bigpoint website (the “Site”) and each of the Bigpoint games offered on the Site, through a third-party website or on a Social Networking Service (the “Games”). Please read them carefully before creating an account or playing any of the Games.
1 AGREEMENT TO TERMS
2 GRANT OF A LIMITED LICENSE TO USE THE GAMES
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant policies posted on the Site (e.g. Board Rules or Chat Rules) Bigpoint grants you a non-exclusive, non-transferable, revocable limited license subject the limitations included in this Terms of Service to access and use the Games for your own non-commercial entertainment purposes. You agree not to use the Games for any other purpose.
3.1 GENERAL ELIGIBILITY
3.2 ELIGIBILITY FOR RESIDENTS OF THE UNITED STATES
1) For each Game, unless otherwise permitted, you may establish only one (1) account. Bigpoint reserves the right to monitor any effort to establish multiple accounts for a Game. In the event Bigpoint discovers that you have opened more than one (1) account in violation of these Terms of Service and the respective additional terms and conditions mentioned under Sec. 4.1, Bigpoint may terminate any and/or all of these accounts.
2) You shall monitor your account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Games by minors. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal) by minors.
3) If you access a Game from an SNS you shall comply with the SNS’s terms of service/use as well as these Terms of Service.
4) If Bigpoint disables your account for a Game, you will not create another one for that same Game without our written permission.
5) You will not use your account in a Game for commercial gain.
6) You shall not use your account or any portion of the Site to engage in any illegal conduct.
7) You will not register for any Game if you are a convicted sex offender.
8) You will not share your password, let anyone else access your account, or take any other action that might jeopardize the security of your account.
9) You are not allowed to sell or in any way transfer your account.
10) You shall not have an account, use the Games, or use the Site if you have previously been removed by Bigpoint, or previously been banned from playing any of the Games.
11) You agree that Bigpoint has reserved the right to remove or reclaim any username you have selected for your account if Bigpoint believes such action is appropriate.
Additionally, you are entirely responsible for ensuring that your account information is current and for maintaining the confidentiality of your account information. You are entirely responsible for maintaining the confidentiality of your password and for changing your password periodically. And you are entirely responsible for any actions taken by you or anyone you allow to use your account. Therefore, you agree to safeguard your account from access by others. You may not use the account, username, or password of someone else at any time. If you believe that your account has been compromised, you must immediately notify Bigpoint. You agree to indemnify and hold harmless Bigpoint for losses incurred by Bigpoint or another party due to someone else using your account or password. You are responsible for anything that happens through your account.
5 LICENSE LIMITATIONS
Any use of the Games in violation of these license limitations is strictly prohibited, can result in the immediate revocation of your limited license which has been granted hereunder and may subject you to criminal and/or civil liability.
6 GAMES AND TOURNAMENTS
6.1 Each Game and each Tournament may be subject to additional terms and conditions which will be disclosed on the Game page or Tournament page. These additional terms and conditions are incorporated herein by reference and playing a Game or participating in a Tournament will be contingent upon acceptance of such additional terms and conditions. Bigpoint does not guarantee that any player in a Tournament will win a prize.
6.2 Bigpoint may, in its sole discretion, and at any time: (a) modify the Games, Tournaments, or features thereof; (b) add additional Games, Tournaments, or features; or (c) remove existing Games, Tournaments, or features. Although Bigpoint sometimes may provide you with notice of changes, Bigpoint reserves the right to make changes without notice.
7 PREMIUM FEATURES, FEES, AND PAYMENTS
7.1 BASIC VERSION
The basic version of each Game is free to play and upon creating an account, you may play the basic version of any Game. The basic version of any Game has no time limitations and is fully playable.
7.2 PREMIUM FEATURES
Some Games have Premium Features which are available only upon payment of a fee. Premium Features may vary from Game to Game. Details on which Premium Features are available for a specific Game, the costs of such Premium Features, payment options, and any other requirements will be listed on the web page of each Game that offers a Premium Feature.
7.3 SUBSCRIPTION / AUTOMATIC RENEWAL
Some Premium Features may be offered and billed on a recurring basis (for example, a monthly basis). If you subscribe to any Premium Feature that is offered and billed on a recurring basis, your subscription will renew automatically unless you affirmatively cancel your subscription no less than fourteen (14) days before the end of your current billing cycle. Fees for any Premium Feature will be collected from the bank, credit, or debit account you submit until and unless you choose another form of payment or cancel your subscription to such Premium Feature. The name “WWW.BIGPOINT.COM” will appear on your statement.
7.4 ADJUSTMENT OF FEES AND CHANGES TO PREMIUM SERVICES
Bigpoint may, at any time, modify the fees for Premium Features or introduce new Premium Features or forms of payment. In the event that Bigpoint modifies the fee for any Premium Feature, Bigpoint will provide notice to users six (6) weeks before the change will take place. The modified fee will take effect on the date indicated in the notice unless you elect to cancel your subscription to the Premium Service in accordance with the instructions set forth in the notice. If you cancel your subscription, Bigpoint will issue a reimbursement for the pre-paid fees related to that subscription on a pro-rata basis.
As the Games are developed and improved, Bigpoint reserves the right to discontinue any Premium Features and/or to offer them in the basic version of a Game. If you have paid for Premium Features and cannot make use of these Premium Features, either because they are no longer offered or because they have been offered in the basic version as well, or because the game has been suspended, any such purchases of Premium Features are non-refundable.
7.5 LATE PAYMENT
You are responsible for paying any fees that Bigpoint may incur as a result of attempting to bill you for any Premium Services to which you have subscribed. In case of late payment, Bigpoint is entitled to (a) collect an interest rate of 5% above the fee for the Premium Feature(s) and (b) discontinue your access to any Games until you have paid. No additional fees will be assessed during the period an account is deactivated. However, Bigpoint may assess a processing fee for deactivating the account, informing you about the deactivation, and for reactivating the account or creating a new account upon full payment. In addition, in case of a chargeback, Bigpoint will impose a service fee of $13.00.
7.6 PAYMENT MOBILE SERVICES
(a) Payment Mobile Services within United States
You must be at least 13 years of age to use this service. If you are a minor (under 18 years of age in most states), you must also have the consent of your parent or guardian to register for and use the service, as well as the consent from the owner of the mobile phone you use for all message, premium subscription, and data charges that will be billed to the mobile phone.
(b) Payment Mobile Services other Countries
For mobile service payment outside the United States please follow the instructions on the respective payment sites of the Games. To get help, contact http://us.bigpoint.com/support/ .
8 CODE OF CONDUCT
The following is a partial list of the kinds of conduct that are illegal or prohibited on the Site. Bigpoint reserves the right to investigate and take appropriate legal action against anyone who, in Bigpoint’s sole discretion, engages in any of the prohibited activities. Prohibited activities include — but are not limited to — the following:
Using the Site for any purpose in violation of local, state, national, or international laws;
Reproducing, duplicating, copying, selling, reselling, or exploiting for any commercial purposes, any portion of the Site or any Game;
Sale or other transfer of user accounts (other than on platforms provided by Bigpoint);
“Hacking,” “Cracking,” or otherwise attempting to circumvent any copyright protection, access control, or license-enforcement mechanisms associated with or related to the Site or any Game;
Forging any TCP/IP packet header or any part of the packet header in any e-mail or in any posting using the Site or any Game;
Use of non-authorized software or scripts;
Taking advantage of software errors (bugs);
Violation of the prohibition of multi-accounts if stipulated in the respective Game’s rules;
Communication, or any other kind of interaction, between accounts of the same user (“pushing”), in particular to create advantages for another account of the same user;
Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Bigpoint, Inc. or its affiliates in providing the Site or any Game.
Posting material that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Bigpoint in its sole discretion or pursuant to local community standards. Bigpoint takes no responsibility for monitoring such content or in evaluating it;
Posting advertisements or solicitations of business;
After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
Posting chain letters or pyramid schemes;
Impersonating another person;
Distributing viruses or other harmful computer code;
Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
Allowing any other person or entity to use your identification for posting or viewing comments;
Posting the same note more than once or “spamming”;
Harassing, threatening, stalking, or abusing any person; or
Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the sole discretion of Bigpoint, exposes Bigpoint or any of its customers or suppliers to any liability or detriment of any type.
9 TERMINATION OF ACCOUNT
Bigpoint reserves the right in its sole discretion to disqualify and terminate the account of any individual at any time and for any reason including, but not limited to: (a) violation of these Terms of Service; (b) disrupting the play of any Game or acting in an unsportsmanlike manner; (c) failure to pay fees in a timely manner; or (d) failure to log on to an account for more than four (4) weeks. If you believe your account has been terminated in error contact Bigpoint via http://us.bigpoint.com/support/. In the event that Bigpoint is entitled to terminate the contractual agreement between you and Bigpoint for cause, Bigpoint may charge the amount of 75% percent of all fees which you would have had to pay for the rest of the term (in particular for Premium Features you have subscribed for) if you would have terminated the contractual agreement of your own volition within the set time limit as governed by these Terms of Service. Your right to prove that no damage occurred or that a substantially lower level of damage was caused due to the termination remains unaffected. Bigpoint reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Game, Premium Feature, Website, or any Bigpoint offering and its related services (in whole or in part) with or without notice. You agree that Bigpoint shall not be liable to you or to any third party for any modification, suspension or discontinuance of a Game, Premium Service, Website or any Bigpoint offering.
10 CANCELLATION OF ACCOUNT
Many Game pages will offer an option for users to cancel their subscriptions to Games and/or Premium Features. If you want to cancel a subscription for a Game or Premium feature and no such option is specifically offered on a Game page, you may cancel by sending a message to Bigpoint via http://us.bigpoint.com/support/. Please include the name of the Game and/or Premium Feature in the subject line.
11 TECHNICAL REQUIREMENTS
Technical requirements, instructions, and rules for each Game will be listed on each Game’s page within the Site. Bigpoint does not provide, install, or support any third-party software that may be necessary to run any Game. You are solely responsible for obtaining and installing any third-party software that may be necessary to run any Game. Bigpoint is not liable for damages or loss of data that may be caused by the installation or use of any third-party software.
12 ACKNOWLEDGEMENT OF PROPRIETARY RIGHTS
By registering for an account, you acknowledge that all information contained on the Site may be protected, in all forms and media, by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that all such rights are owned by Bigpoint. You may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit this information, except that you may download one copy of a Game for your personal, non-commercial home use only, provided you keep all copyright and other proprietary notices intact. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your Bigpoint-ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you. Bigpoint neither warrants nor represents that your use of materials contained on the Site will not infringe rights of third parties. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site, including the names of all Games, are registered and unregistered Trademarks of Bigpoint and/or other parties. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Bigpoint or any other Trademark owner. Your misuse of any Trademark displayed on the Site, or any other content on the Site, except as provided in these Terms of Service, is strictly prohibited. Bigpoint will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution, where appropriate. Bigpoint owns, has licensed, or otherwise has rights to use all of the content that appears in the Games or on the Site. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears on the Site or in the Games, including without limitation the virtual goods or currency appearing or originating in any of the Games, whether earned in a game or purchased from Bigpoint, or any other attributes associated with an account or stored for the purpose or playing the Games.
13 SUBMISSIONS BY YOU
Any communication or material you send to Bigpoint or post on the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, is and will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by Bigpoint for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Bigpoint may, in its sole discretion, remove or edit any content that it deems to be inappropriate, offensive, or otherwise in violation of these Terms of Service. Furthermore, Bigpoint is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Bigpoint or post on the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information, without obtaining your permission and without any compensation to you.
The Site and the content are provided on an “as is” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, BIGPOINT, ITS LICENSORS, AND ITS SUPPLIERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Bigpoint makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Site. Bigpoint cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Bigpoint cannot and does not guarantee or warrant that files available for downloading from this Site will be free of defects or of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. Bigpoint cannot and does not guarantee or warrant that any content you post on the Site will remain on the Site. Bigpoint does not warrant or guarantee that the functions or services performed on the Site will be uninterrupted or error-free or that defects in the Site will be corrected.
15 LIMITATION OF LIABILITY
BIGPOINT’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH BIGPOINT IS TO DISCONTINUE YOUR USE OF THE SITE OR ANY GAMES. BIGPOINT AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, AND EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER OR PHONE FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF BIGPOINT HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BIGPOINT’S AND ITS VENDORS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
17 COPYRIGHT PROTECTION
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Bigpoint (as set forth below) and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number, and e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
Send this information by mail to firstname.lastname@example.org. In an effort to protect the rights of copyright owners, Bigpoint maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
18 GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Service and or your use of the Site resides in the federal or state courts located in the State of California, County of San Francisco, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, your play of any Game or participation in any Tournament shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of California, County of San Francisco. If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any provision in these Terms of Service shall be deemed a further or continuing waiver of such provision or any other provision.