BigCode Games For Free Terms of Service
BigCode Games For Free develops and publishes
games for mobile devices. In this policy, “BigCode Games For Free”
may also refer to “BigCode Games”, “We” or “Us”.
This Agreement requires the use of arbitration
on an individual basis to resolve disputes, rather than jury trials or class
actions, and also limits the remedies available to you in the event of a
dispute.
This Terms of Service (“Agreement”) sets forth
the legally binding terms for your use of any App (including any related
services provided by BIGCODE GAMES). By using any App, you are accepting this
Agreement and you represent and warrant that you have the right, authority, and
capacity to enter into this Agreement. If you do not agree with all of the
provisions of this Agreement, please do not use any App. This Agreement is the
final, complete and exclusive agreement of you and BIGCODE GAMES with respect
to the subject matters hereof (including the Apps) and supersedes and merges
all prior discussions and agreements between the parties with respect to such
subject matters (including any prior End User License Agreements, Terms of
Service or Privacy Policy).
1. End User License Agreement
1.1 License
Subject to the terms of this Agreement, BIGCODE
GAMES grants you a non-transferable, non-exclusive, license to (a) use for your
personal use, and (b) copy, for the purpose of downloading, installing and
executing, the number of copies for which you are authorized by the download
site of each App on a mobile device that you own or control for your use (the
“License”).
1.2 Certain Restrictions
The rights granted to you in this Agreement
are subject to the following restrictions: (a) you shall not license, sell,
rent, lease, transfer, assign, distribute, host, or otherwise commercially
exploit any App; (b) you shall not modify, translate, adapt, merge, make
derivative works of, disassemble, decompile, reverse compile or reverse
engineer any part of Apps, except to the extent the foregoing restrictions are
expressly prohibited by applicable law; (c) you shall not access any App in
order to build a similar or competitive service or application; (d) except as
expressly stated herein, no part of any App may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted in any
form or by any means, or (e) you shall not remove or destroy any copyright
notices or other proprietary markings contained on or in any App. Any future
release, update, or other addition to functionality of any App (including
in-App purchases, additional levels, and gameplay enhancements) shall be
subject to the terms of this Agreement, unless otherwise provided in terms
associated with such addition. All copyright and other proprietary notices on
any App content must be retained on any copies.
1.3 Local Laws
You are solely responsible for compliance with
all applicable laws, including without limitation export and import
regulations.
1.4 Modification
BIGCODE GAMES reserves the right, at any time,
to modify, suspend, or discontinue the Apps or any part thereof with or without
notice. You agree that BIGCODE GAMES will not be liable to you or to any third
party for any modification, suspension, or discontinuance of any App or any
part thereof.
1.5 Ownership
Apps provided to you are licensed to you and
not sold. BIGCODE GAMES(and its licensors, where applicable) own all right,
title and interest, including all related intellectual property rights, in and
to all Apps, excluding your User Content (defined below). This Agreement is not
a sale and does not convey to you any rights of ownership in or related to any
App. The BIGCODE GAMES name, logo, and the product names associated with the
Apps belong to BIGCODE GAMES (or its licensors, where applicable), and no right
or license is granted to use them by implication, estoppels or otherwise. BIGCODE
GAMES (and its licensors, where applicable) reserve all rights not granted in
this Agreement.
1.6 Ads
When you start or stop an App, it may display
an Ad. During gameplay, banner and/or interstitial ads may be displayed.
2. User Content
2.1 User Content
“User Content” of a user means any and all
content that such user uploads, distributes, or otherwise provides via any App.
You are solely responsible for your User Content. You assume all risks
associated with use of your User Content, including any reliance on its
accuracy, completeness or usefulness by others, or any disclosure of your User
Content that makes you or any third party personally identifiable. You hereby
represent and warrant that your User Content does not violate the Acceptable
Use Policy (defined below). You may not state or imply that your User Content
is in any way provided, sponsored or endorsed by BIGCODE GAMES. BIGCODE GAMES is
not obligated to backup any User Content and User Content may be deleted at any
time. You are solely responsible for creating backup copies of your User
Content if you desire.
2.2 License
By uploading, distributing, or otherwise using
your User Content with any App, you automatically grant, and you represent and
warrant that you have the right to grant, to BIGCODE GAMES an irrevocable,
nonexclusive, royalty-free and fully paid, worldwide license, with the right to
grant sublicenses, to reproduce, distribute, publicly display, publicly
perform, prepare derivative works of, incorporate into other works, and otherwise
use your User Content, solely to display your User Content on any App.
2.3 Feedback
If you provide BIGCODE GAMES any feedback or
suggestions (“Feedback”), you hereby assign to BIGCODE GAMES all rights in the
Feedback and agree that BIGCODE GAMES shall have the right to use such Feedback
and related information in any manner it deems appropriate. BIGCODE GAMES will
treat any Feedback you provide to BIGCODE GAMES as non-confidential and
non-proprietary. You agree that you will not submit to BIGCODE GAMES any
information or ideas that you consider to be confidential or proprietary.
2.4 Acceptable Use Policy
The following sets forth BIGCODE GAMES’s¬
“Acceptable Use Policy”:
- You agree not to use any App to upload, distribute, or
otherwise use any User Content (a) that violates any third-party right,
including any copyright, trademark, patent, trade secret, moral right,
privacy right, right of publicity, or any other intellectual property or
proprietary right; (b) that is tortuous, trade libelous, defamatory,
false, or intentionally misleading, (c) that is harassing, abusive,
threatening, harmful, vulgar, obscene, or offensive, or that contains
pornography, nudity, or graphic or gratuitous violence, or that promotes
violence, racism, discrimination, bigotry, hatred, or physical harm of any
kind against any group or individual, or is otherwise objectionable, (d)
that is harmful to minors in any way; (e) that constitutes unsolicited or
unauthorized advertising, promotional materials, junk mail, spam, chain letters,
pyramid schemes, or any other form of duplicative or unsolicited messages,
whether commercial or otherwise; or (f) that violates of any law,
regulation, or contractual obligations. - You agree not to use any App to: (a) upload or
distribute any computer viruses, worms, malicious code, or any software
intended to damage or alter a computer system or data; (b) collect
information or data regarding other users, including e-mail addresses,
without their consent (e.g., using harvesting bots, robots, spiders, or
scrapers); (c) disable, overly burden, impair, or otherwise interfere with
servers or networks connected to Apps (e.g., a denial of service attack);
(d) attempt to gain unauthorized access to the Site or App or servers or
networks connected to Apps (e.g., through password mining); or (e)
interfere with another user’s use and enjoyment of any App.
2.5 Enforcement
We reserve the right (but have no obligation)
to review any User Content in our sole discretion. We may remove or modify your
User Content at any time for any reason in our sole discretion with or without
notice to you.
3. Term and Termination
3.1 This Agreement commences on the date you
accept this Agreement (as described in the preamble) and will remain in full
force and effect while you use the App, unless earlier terminated in accordance
with this Agreement.
3.2 Notwithstanding the forgoing, if you used
any App prior to the date you accepted this Agreement (as described in the
preamble), you hereby acknowledge and agree that this Agreement commences on
the date you first use any App (whichever is earlier and which may be prior to
the Agreement Version Date) and will remain in full force and effect while you
use any App, unless earlier terminated in accordance with this Agreement.
3.3 We may (a) suspend your rights to use any
App, and/or any related services or (b) terminate this Agreement, at any time
for any reason at our sole discretion with or without notice to you, including
if we in good faith believe you have violated the Acceptable Use Policy or any
other provision of this Agreement. Without limiting the foregoing, BIGCODE
GAMES reserves the right to terminate its Agreement with any user who
repeatedly infringes third party copyright rights upon prompt notification to BIGCODE
GAMES by the copyright owner or the copyright owner’s legal agent.
3.4 Upon termination of this Agreement, your
right to use the App will automatically terminate immediately. You understand
that any termination may involve deletion of your User Content associated
therewith from our live databases. BIGCODE GAMES will not have any liability
whatsoever to you for any termination of this Agreement, including deletion of
your User Content. Even after this Agreement is terminated, the following
provisions of this Agreement will remain in effect: Sections 1.2, 1.3, 1.4,
1.5, 2, 3.4, 4, 5, 6, 7, 8, 9, and 10.
4. Indemnity
You agree to defend, indemnify and hold
harmless BIGCODE GAMES(and its suppliers) from and against any claims, suits,
losses, damages, liabilities, costs, and expenses (including reasonable
attorneys’ fees) brought by third parties resulting from or relating to: (i)
your use of any App, (ii) your User Content, or (iii) your violation of this
Agreement. BIGCODE GAMES reserves the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required to
indemnify BIGCODE GAMES and you agree to cooperate with our defense of these
claims. You agree not to settle any matter without the prior written consent of
BIGCODE GAMES. BIGCODE GAMES will use reasonable efforts to notify you of any
such claim, action or proceeding upon becoming aware of it.
5. Third Parties
5.1 Application Stores. You acknowledge and
agree that the availability of the App is dependent on the third party from whom
you received App, e.g., the Apple iPhone or Android stores (“Application
Store”). You acknowledge that this Agreement is between you and BIGCODE GAMES and
not with the Application Store. The Application Store is not responsible for
the App, the content thereof, maintenance, support services, and warranty
therefor, and addressing any claims relating thereto (e.g., product liability,
legal compliance, or intellectual property infringement). You agree to pay all
fees charged by the Application Store in connection with App (if any). You
agree to comply with, and your license to use App is conditioned upon your
compliance with, all applicable third party terms of agreement (e.g., the
Application Store’s terms and policies) when using App. You acknowledge that
the Application Store (and its subsidiaries) are third party beneficiaries of
this Agreement and will have the right to enforce this Agreement.
5.2 Third Party Services
BIGCODE GAMES may permit certain third party
applications (like leader boards, game networks) to provide content through the
App (“Third Party Services”). The App may be used to send content provided by
the Third Party Service between users who have the Third Party Service
installed on their device. When you do so, BIGCODE GAMES will share information
with the Third Party Service as described in the BIGCODE GAMES Privacy Policy. BIGCODE
GAMES is not responsible for and does not control Third Party Services. BIGCODE
GAMES provides these Third Party Services only as a convenience to you. BIGCODE
GAMES has no obligation to review or monitor, and does not approve, endorse, or
make any representations or warranties with respect to Third Party Services.
You use all Third Party Services at your own risk. When you access a Third
Party Service, the applicable third party’s terms and policies apply, including
the third party’s privacy policies. You should make whatever investigation you
feel necessary or appropriate before proceeding with any transaction in
connection with any Third Party Services.
5.4 Other Users
An App may contain User Content provided by
other users of the App. BIGCODE GAMES is not responsible for and does not
control User Content. BIGCODE GAMES has no obligation to review or monitor, and
does not approve, endorse, or make any representations or warranties with
respect to User Content. You use all User Content and interact with other users
at your own risk. Your interactions with other users are solely between you and
the other user and we are under no obligation to become involved. You agree
that BIGCODE GAMES will not be responsible for any liability incurred as the
result of any such interactions.
5.5 Release
You hereby irrevocably and unconditionally
release and forever discharge BIGCODE GAMES(and its suppliers) from any and all
claims, demands, and rights of action, whether now known or unknown, which
relates to any interactions with, or act or omission of, any Third Party
Service, other Apps users, or Third Party Advertisers. IF YOU ARE A CALIFORNIA
RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION
WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE
TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
6. Disclaimers
6.1 APPS ARE PROVIDED “AS-IS” AND AS AVAILABLE
AND BIGCODE GAMES(AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND
CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET
ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. BIGCODE GAMES(AND ITS SUPPLIERS) MAKE
NO WARRANTY THAT ANY APP: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE
AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL
BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
6.2 SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. Limitation on Liability
7.1 IN NO EVENT SHALL BIGCODE GAMES(OR ITS
SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES
ARISING FROM OR RELATING TO THIS AGREEMENT OR BIGCODE GAMES’S PRIVACY
PRACTICES, ANY APP, EVEN IF BIGCODE GAMESHAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. ACCESS TO, AND USE OF, ANY APP ARE AT YOUR OWN DISCRETION AND
RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING
TO THE CONTRARY CONTAINED HEREIN, BIGCODE GAMES’S¬ LIABILITY TO YOU FOR ANY
DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR BIGCODE GAMES’S¬ PRIVACY
PRACTICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION),
WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU’VE PAID BIGCODE GAMESIN THE
PRIOR 12 MONTHS (IF ANY). IN NO EVENT SHALL BIGCODE GAMES’S SUPPLIERS HAVE ANY
LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.
7.2 SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE
OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
8. Fees
You agree to pay all fees and applicable taxes
incurred by you or anyone making purchases through the App. BIGCODE GAMES may
revise the pricing for the goods and services offered to you through the App at
any time. YOU ACKNOWLEDGE THAT BIGCODE GAMESIS NOT REQUIRED TO PROVIDE A REFUND
FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR
UNUSED VIRTUAL ITEMS WHEN YOU CLOSE YOUR ACCOUNT OR WHEN YOU CEASE TO USE THE
APP
9. General
9.1 Changes to this Agreement
This Agreement is subject to occasional
revision, and if we make any substantial changes, we may notify you by
prominently posting notice of the changes on our Site. Any changes to this
Agreement will be effective upon the earlier of thirty (30) calendar days
following our dispatch of an e-mail notice to you (if applicable) or thirty
(30) calendar days following our posting of notice of the changes on our Site.
These changes will be effective immediately for new users of our Apps.
Continued use of our Apps following notice of such changes shall indicate your
acknowledgement of such changes and agreement to be bound by the terms and
conditions of such changes. The date on which the latest update was made is
indicated at the top of this document. We recommend that you print a copy of
this Agreement for your reference and revisit this webpage from time to time to
ensure you are aware of any changes.
9.2 Notice
Any notice provided to BIGCODE GAMES pursuant
to this Agreement should be sent to info@bigcodegames.com
9.3 Severability
If any provision of this Agreement is, for any
reason, held to be invalid or unenforceable, the other provisions of this
Agreement will be unimpaired and the invalid or unenforceable provision will be
deemed modified so that it is valid and enforceable to the maximum extent
permitted by law.
9.4 Entire Agreement
This Agreement is the final, complete and
exclusive agreement of you and BIGCODE GAMES with respect to the subject
matters hereof (including all Apps) and supersedes and merges all prior
discussions and agreements between the parties with respect to such subject
matters (including any prior End User License Agreements and Terms of Service
or Privacy Policy). Our failure to exercise or enforce any right or provision
of this Agreement shall not operate as a waiver of such right or provision. The
section titles in this Agreement are for convenience only and have no legal or
contractual effect. The word including means includes without limitation. Your
relationship to BIGCODE GAMES is that of an independent contractor, and neither
party is an agent or partner of the other. This Agreement, and your rights and
obligations herein, may not be assigned by you without BIGCODE GAMES’s prior
written consent, and any attempted assignment in violation of the foregoing
will be null and void. BIGCODE GAMES may assign this Agreement in connection
with a merger, acquisition, reorganization or sale of all or substantially all
of its assets, or other operation of law, without your consent. The terms of
this Agreement shall be binding upon assignees.
10. Apple Application Store Additional Terms
and Conditions
The following additional terms and conditions
apply to you if you are using an App from the Apple Application Store. To the
extent the other terms and conditions of this Agreement are less restrictive
than, or otherwise conflict with, the terms and conditions of this Section 10,
the more restrictive or conflicting terms and conditions in this Section 10
apply, but solely with respect to Apps from the Apple Application Store.
10.1 Acknowledgement: BIGCODE GAMES and you
acknowledge that this Agreement is concluded between BIGCODE GAMES and you
only, and not with Apple, and BIGCODE GAMES, not Apple, is solely responsible
for App and the content thereof. To the extent this Agreement provides for
usage rules for App that are less restrictive than the Usage Rules set forth
for App in, or otherwise is in conflict with, the Application Store Terms of
Service, the more restrictive or conflicting Apple term applies.
10.2 Scope of License: The license granted to
you for App is limited to a non-transferable license to use App on an iOS
Product that you own or control and as permitted by the Usage Rules set forth
in the Application Store Terms of Service.
10.3 Maintenance and Support: BIGCODE GAMES is
solely responsible for providing any maintenance and support services with
respect to App, as specified in this Agreement (if any), or as required under
applicable law. BIGCODE GAMES and you acknowledge that Apple has no obligation
whatsoever to furnish any maintenance and support services with respect to App.
10.4 Warranty: BIGCODE GAMES is solely
responsible for any product warranties, whether express or implied by law, to
the extent not effectively disclaimed. In the event of any failure of App to
conform to any applicable warranty, you may notify Apple, and Apple may refund
the purchase price for App to you; and to the maximum extent permitted by
applicable law, Apple will have no other warranty obligation whatsoever with
respect to App, and any other claims, losses, liabilities, damages, costs or
expenses attributable to any failure to conform to any warranty will be BIGCODE
GAMES’s sole responsibility.
10.5 Product Claims: BIGCODE GAMES and you
acknowledge that BIGCODE GAMES, not Apple, is responsible for addressing any
claims of you or any third party relating to App or your possession and/or use
of App, including, but not limited to: (i) product liability claims; (ii) any
claim that App fails to conform to any applicable legal or regulatory
requirement; and (iii) claims arising under consumer protection or similar
legislation. This Agreement does not limit BIGCODE GAMES’s liability to you
beyond what is permitted by applicable law.
10.6 Intellectual Property Rights: BIGCODE
GAMES and you acknowledge that, in the event of any third party claim that App
or your possession and use of App infringes that third party’s intellectual
property rights, BIGCODE GAMES, not Apple, will be solely responsible for the investigation,
defense, settlement and discharge of any such intellectual property
infringement claim.
10.7 Legal Compliance: You represent and
warrant that (i) you are not located in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S. Government as a
“terrorist supporting” country; and (ii) you are not listed on any U.S.
Government list of prohibited or restricted parties.
10.8 Developer Name and Address: BIGCODE GAMES’s
contact information for any end-user questions, complaints or claims with
respect to App is set forth in Section 9.2.
10.9 Third Party Terms of Agreement: You must
comply with applicable third party terms of agreement when using App.
10.10 Third Party Beneficiary: BIGCODE GAMES and you acknowledge
and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries
of this Agreement, and that, upon your acceptance of the terms and conditions
of this Agreement, Apple will have the right (and will be deemed to have
accepted
