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.
Table of Contents
|1||AGREEMENT TO TERMS|
|2||GRANT OF A LIMITED LICENSE TO USE THE GAMES|
|6||GAMES AND TOURNAMENTS|
|7||PREMIUM FEATURES, FEES, AND PAYMENTS|
|8||CODE OF CONDUCT|
|9||TERMINATION OF ACCOUNT|
|10||CANCELLATION OF ACCOUNT|
|12||ACKNOWLEDGEMENT OF PROPRIETARY RIGHTS|
|13||SUBMISSIONS BY YOU|
|15||LIMITATION OF LIABILITY|
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.
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.
6.1 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.
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.
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.
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.
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.
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.
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.
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/ .
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:
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/. 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.
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.
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.
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.
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.
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.
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:
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.
Table of Contents
|1||COLLECTION OF INFORMATION|
|2||ACCESS TO INFORMATION YOU PROVIDE TO US|
|3||USE OF INFORMATION|
|4||DISCLOSURE OF INFORMATION|
|5||HOW TO ACCESS AND MODIFY YOUR INFORMATION|
|7||US-EU and US-SWITZERLAND SAFE HARBOR|
|8||THIRD PARTY WEBSITES|
Before a child under 13 can use a Game, Bigpoint requires registration and consent from a parent. During the registration process only the child’s account name, the child’s email address, the parent’s email address and the child’s password are collected and stored. If the child is under 13, the age of the child is not stored.
The registration information is only used to confirm the registration and to send the parent a message asking for consent and allowing the parent to activate the child’s user account.
Once the parent consents to the registration and storage of personal information of the child, this personal information is only used to provide the Game and related services and to send information about Bigpoint Games. Children’s information is not disclosed to third parties except for purposes of operating and providing the Game as detailed in Section 4. Bigpoint does not condition a child's participation in a Game or activity on the child providing more personal information than is reasonably necessary for that activity.
Parents can access any personal information collected online, correct or modify any such personal information, or direct us to delete or make no further use of your child’s or your personal information. To do so, please send an email with your request to email@example.com or contact us via phone or mail as detailed in Section 10.
In the event that we learn that we have collected personal information from a child under age thirteen without parental consent we will delete that information as quickly as possible. If you know or have reason to believe that we might have collected any information from or about a child under thirteen without parental consent, please contact us at firstname.lastname@example.org.
Bigpoint may collect further personal information from the parent as detailed below.
*Not all Bigpoint Games are suitable for children under the age of 13. Bigpoint restricts access to such games to players that meet the age requirement.
Bigpoint only collects information that personally identifies you ("Personal Information") from you when you: (1) register on the Site; (2) register to use a Game; (3) contact us; (4) order products and services from us; and (5) participate in our surveys or promotional activities. Personal Information may include the following categories of information: Contact Data (such as your name, address, email address, telephone number); Financial Data (such as your account or credit card information); and Demographic Data (such as zip code and age). If you communicate with us by e-mail, post messages to any of our chat groups, bulletin boards, or forums, or otherwise complete online forms, surveys, or Tournament entries, any information provided in such communication may be collected as Personal Information.
We enable users to chat and otherwise communicate in games and on our websites. We take measures so that chat users cannot disclose personal information, including filters and live moderation. We strongly encourage you not to disclose personal information of yourself or others in such chats or other public communication in our games our on our websites. Be aware that such information can be read, collected, stored and used by other users. Any such disclosure is at your own discretion and we are not responsible for any information you choose to disclose in such way.
You may access any personal information you provide to us, correct or modify any such personal information, or direct us to make no further use of your personal information. To do so, please send an email with your request to email@example.com
We may use the information we collect from and about you for any of the following purposes: (1) to fulfill your requests for products and services;
(2) to contact you when necessary; (3) to review Site usage and operations; (4) to address problems with the Site, our business or our products and
services; and (5) to protect the security or integrity of the Site and our business. We may also use the information we collect from and about you to
contact you with information and promotional materials and offers from our company, as well as from our subsidiaries, affiliates, marketing partners,
advertisers and other third parties. We do not share personal information of children under 13 with third parties for their marketing purposes. If you would prefer not to receive such promotional communications, please follow the unsubscribe instructions
within the email you received when setting up your account.
In addition to Personal Information and Non-Personal Information collected, you may choose to share information about yourself through other content ("Content"), such as in games or forums. Any information shared with other players are considered public and at your own discretion.
We have taken certain physical, electronic, contractual, and managerial steps to safeguard and secure the information we collect and store from Site visitors such as keeping the sensitive data behind a firewall, regular monitoring of our security program and computer systems for evidence of unauthorized use or access to personal information as well as physical security measures to guard against unauthorized access to systems where we store the information.
Bigpoint may transfer information to or receive information from our Affiliates (which shall mean subsidiaries, parent companies, joint ventures and
other corporate entities under common ownership) for our legitimate business purposes. We may store information about site visitors and players on
servers and equipment located in the United States and other countries. Personal data collected within Switzerland and the European Union ("EU") may
be transferred to, and stored at, a location outside of Switzerland and the EU. The data collected may be processed by employees operating outside of
Switzerland and the EU who work for Bigpoint, one of our Affiliates, or one of our vendors. By submitting your personal data, use of the Bigpoint site
or playing Bigpoint games, you agree to this transfer, storing or processing.
580 California Street 12th Floor
San Francisco CA 94104
Please remember to provide your User-ID, e-mail address and, if necessary, the relevant game name(s).
You can also reach us under: +1(415) 821-8112
If you have reported data privacy concerns and do not feel they have been adequately addressed, you may contact firstname.lastname@example.org
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Bigpoint Inc. provides online games that are true download free entertainment worlds..
Information can be processed on an organization's own computers or on computers
hosted by Bigpoint GmbH, Germany. In the latter case, Bigpoint GmbH is an Application
Service Provider (ASP).
Bigpoint Inc. respects individual privacy and values the confidence of their customers, employees, business partners and others. Bigpoint Inc. prides itself on upholding the highest ethical standards in its business practices. Bigpoint Inc. shall not knowingly allow the property of a Customer to be used for any purpose other than the Customer's processing, shall keep such Customer Proprietary Information confidential, and shall not disclose any such Customer Proprietary Information for any other purpose unless instructions are received in writing from an officer of the Customer. To help ensure and protect the confidentiality of a Customer's business and to prevent unauthorized persons from gaining access to a Customer's records, Bigpoint Inc. shall adhere to best practice security procedures.
Table of Contents
|LIMITATION ON APPLICATION OF PRINCIPLES|
The United States Department of Commerce and the European Commission have agreed on a set of data protection principles and frequently asked questions (the "Safe Harbor Principles") to enable U.S. companies to satisfy the requirement under European Union law that adequate protection be given to personal information transferred from the EU to the United States. The EEA also has recognized the U.S. Safe Harbor as providing adequate data protection (OJ L 45, 15.2.2001, p.47). Consistent with its commitment to protect personal privacy, Bigpoint Inc. adheres to the Safe Harbor Principles.
For purposes of this Policy, the following definitions shall apply:
"Personal information" means any information or set of information that identifies or is used by or on behalf of a Company to identify an individual. Personal information does not include information that is encoded or anonymyzed, or publicly available information that has not been combined with non-public personal information.
"Sensitive personal information" means personal information that reveals race, ethnic origin, sexual orientation, political opinions, religious or philosophical beliefs, or trade union membership, or that concerns an individual's health. In addition, Bigpoint Inc. will treat as sensitive personal information any information received from a third party where that third party treats and identifies the information as sensitive.
The privacy principles in this Policy are based on the Safe Harbor Principles.
NOTICE: Where Bigpoint Inc. collects personal information directly from individuals in the EU, it will inform them about the type of personal information collected, the purposes for which it collects and uses the personal information, and the types of non-agent third parties to which Bigpoint Inc. discloses or may disclose that information, and the choices and means, if any, Bigpoint Inc. offers individuals for limiting the use and disclosure of their personal information. Notice will be provided in clear and conspicuous language when individuals are first asked to provide personal information to Bigpoint Inc., or as soon as practicable thereafter, and in any event before Bigpoint Inc. uses or discloses the information for a purpose other than that for which it was originally collected.
Where Bigpoint Inc. receives personal information from their subsidiaries, affiliates or other entities in the EU, they will use and disclose such information in accordance with the notices provided by such entities and the choices made by the individuals to whom such personal information relates.
CHOICE: Bigpoint Inc. will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.
For sensitive personal information, Bigpoint Inc. will give individuals the opportunity to affirmatively and explicitly (opt-in) consent to the disclosure of the information to a nonagent third party or the use of the information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.
Bigpoint Inc. will provide individuals with reasonable mechanisms to exercise their choices.
DATA INTEGRITY: Bigpoint Inc. will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. Bigpoint Inc. will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete, and current.
TRANSFERS TO AGENTS: Bigpoint Inc. will obtain assurances from their agents that they will safeguard personal information consistently with this Policy. Examples of appropriate assurances that may be provided by agents include: a contract obligating the agent to provide at least the same level of protection as is required by the relevant Safe Harbor Principles, being subject to EU Directive 95/46/EC (the EU Data Protection Directive), Safe Harbor certification by the agent, or being subject to another European Commission adequacy finding. Where Bigpoint Inc. becomes aware that an agent is using or disclosing personal information in a manner contrary to this Policy, Bigpoint Inc. will take reasonable steps to prevent or stop the use or disclosure.
ACCESS AND CORRECTION: Upon request, Bigpoint Inc. will grant individuals reasonable access to personal information that it holds about them. In addition, Bigpoint Inc. will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete.
SECURITY: Bigpoint Inc. will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.
ENFORCEMENT: Bigpoint Inc. will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy. Employees will be properly trained to adhere to these principles. Any employee that Bigpoint Inc. determines is in violation of this policy will be subject to disciplinary action up to and including termination of employment. Bigpoint Inc. is subject to the laws and regulations of the Federal Trade Commission.
DISPUTE RESOLUTION: Any questions or concerns regarding the use or disclosure of personal information should be directed to the Bigpoint Inc. Privacy Office at the address given below. Bigpoint Inc. will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this Policy.
Adherence by Bigpoint Inc. to these Safe Harbor Principles may be limited (a) to the extent required to respond to a legal or ethical obligation; and (b) to the extent expressly permitted by an applicable law, rule or regulation.
Questions or comments regarding this Policy should be submitted to the following person
by mail as follows:
580 California Street 12th Floor
San Francisco CA 94104
Phone: 646 - 405 1037
Fax: 646 – 405 1027
This Policy may be amended from time to time, consistent wit the requirements of the Safe
Harbor Principles. A notice will be posted on the Bigpoint Inc. web page.
This policy can be viewed on the Bigpoint Inc. web page.
EFFECTIVE DATE: June 16, 2008