Terms of Service

Effective Date : June 17, 2018

 LEGAL AGREEMENT

The Terms of Service (“Terms”) you are reading are a legally binding agreement that governs the relationship between BBstudio Inc. (“BBstudio”) and youself (“you”) and your use of BBstudio’s games for the web, mobile or any other applicable devices, products, services, content, and/or domains or websites operated by BBstudio (the “Service” or “Services”). We may also refer to BBstudio as “we”or “us”.

THE SERVICE IS STRICTLY FOR AMUSEMENT PURPOSES ONLY. THE SERVICE DOES NOT OFFER REAL MONEY GAMBLING OR AN OPPORTUNITY TO WIN REAL MONEY OR PRIZES. NO ACTUAL MONEY OR ANYTHING OF VALUE CAN BE WON PLAYING THE GAMES OFFERED THROUGH THE SERVICE, AND NO ACTUAL MONEY IS REQUIRED TO PLAY.

BBstudio reserves the right, in its sole discretion, to revise or modify these Terms, our Privacy Policy including any other rules related to specific services like platforms and APIs, applications for mobile devices, forums, contests, subscriptions or loyalty programs that we may publish which apply to your use of those specific services and state they are part of these Terms (“Additional Terms”) (the Terms, Privacy Policy and Additional Terms collectively shall be referred to herein as “BBstudio’s Terms”), at any time by posting the amended BBstudio’s Terms on or within the Service, and you agree to be bound by such revisions or modifications. Users are responsible for viewing the BBstudio’s Terms periodically. Your continued use of the Service after a change or modification of the BBstudio’s Terms has been made will constitute your acceptance of the revised BBstudio’s Terms. If you do not agree to BBstudio’s Terms, your only remedy is to discontinue your use of the Service and to cancel any accounts you have created using the Service. If you use our Service, you must follow all BBstudio’s Terms that may apply. If you access the Service from a social network or download the Service from another platform or applications stores, such as but not limited to Facebook, Amazon, Apple or Google, you must also comply with its terms of service/use as well as the BBstudio’s Terms.

You may be required to accept updates to the Service, and to BBstudio’s games which you have installed on your device such as computer, TV or mobile device because the Service is evolving. You acknowledge that BBstudio may perform these updates remotely and agree that BBstudio may update the Service with or without notifying you.

If you violate the BBstudio’s Terms, or any of the terms of other applications stores and platforms (such as but not limited to Facebook, Amazon, Apple or Google), BBstudio may take action against you and reserves the right to issue you a warning regarding the violation or immediately terminate or permanently suspend any or all accounts you have created using the Service. You agree that BBstudio does not have to provide you any notice before terminating or suspending your account(s), but it may provide such notice in its sole discretion by itself or by any legal representative thereof. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY BBSTUDIO GAME IS A VIOLATION OF BBSTUDIO POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS APPLICABLE IN YOUR JURISDICTION.

You may not use the Service if you are under 18 years of age, in which case you must not create an account or submit any personal information through the Service or to BBstudio. At our sole discretion, we may require proof that you meet this condition in connection with use of the Services. Failure to comply with this condition will result in the closing of your Account and the loss of all Virtual Items (as defined below) acquired through your use of the Services.

Titles and headings to sections herein are inserted for the convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of these Terms.

 

LIMITED LICENSE TO USE THE SERVICE

2.1 Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with the BBstudio’s Terms, BBstudio hereby grants you a personal, revocable, non-exclusive, non-sublicensable, non-transferable, limited scope license to access and use the Service. The Services are solely for your non-commercial entertainment purposes limited personal use, and for no other purposes whatsoever. The BBstudio’s Terms do not grant you or any other party any right, title or interest in the Service or any content in the Service. You hereby acknowledge that your license to use the Service is limited by the BBstudio’s Terms, and, if you violate or if, at any point, you do not agree to any of the BBstudio’s Terms, your license to use the Service shall immediately terminate, and you shall immediately refrain from using the Service. If the Service or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Service, and must refrain from using the Service.

2.2 Rules of Conduct
You represent and warrant that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the BBstudio’s Terms. The followings are the Rules of Conduct governing use of the BBstudio Service and any use of the Service in violation of the Rules of Conduct is strictly prohibited, can result in the immediate revocation of your limited license granted hereunder and termination of your Account; and may subject you to any criminal and financial liability for violation of criminal and civil laws. As an example and not as a limitation, by accessing and using the Services, you agree that you will NOT, under any circumstances:

  • Use the Service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
  • Engage in any act that BBstudio deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating the BBstudio’s Terms, our game rules, game mechanics or policies;
  • Create an Account or access the Service if you are under the age of 18;
  • Defraud, or attempt to defraud, BBstudio or other users and act in bad faith in your use of the Service
  • Upload, post, transmit or otherwise disseminate material or information that is vulgar, violent, indecent, obscene, pornographic, sexual contains nudity, excessive violence or that is, in a reasonable person’s view, otherwise offensive or objectionable subject matter or that contains a link to such content;
  • Libel, ridicule, defame, mock, disparage, stalk, intimidate, threaten, harass, harm, advocate, incite harassment, or abuse another person, group, BBstudio’s employees, including BBstudio’s customer service representatives, hatefully, racially, religiously, ethnically or in any other manner;
  • Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, RATs, keyboard loggers, spyware, adware, or any other malicious or invasive code or program, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users of the Service;
  • Advertise, solicit or transmit any commercial advertisements or unauthorized communications through the Service, including chain letters, junk e-mail or repetitive messages (spim or spam) and any materials that promote malware, spyware and downloadable items to anyone;
  • Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
  • Create false personas, multiple identities, multiple user accounts, set up an Account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate the BBstudio’s Terms and/or the terms of service of any third-party applications or social networks through which the Service is accessed;
  • Attempt to obtain or reveal passwords or other private information from other members including personally identifiable information (whether in text, image or video form), identification documents, financial information or any information that may be sued to track, contact or impersonate another individual, including without limitation, other users and BBstudio’s employees;
  • Upload or transmit (or attempt to upload or to transmit), without BBstudio’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware”, “passive collection mechanisms” or “pcms”);
  • Improperly use support channels to make false reports to BBstudio or using profane and abusive language in your communications with our support personnel;
  • Use the Service in order to design, assist, develop, distribute, use, or publicly inform other members of “auto” software programs, “macro” software programs, “cheat utility” software programs or applications, hacks, mods or any other unauthorized third party software designed to allow the user to cheat or obtain an unintended advantage while using the Services or modify or interfere with the Service or any BBstudio game experience, including, without limitation, enabling unauthorized activity related to users’ balances;
  • Exploit, distribute or publicly inform other members of any game error, miscue, bug or technical malfunction which gives an unintended advantage, including but not limited to accessing one time promotions more than once;
  • Deal with Virtual Items in a manner that violates these Terms, including transferring Virtual Items to other individuals, parties, or entities, selling or re-selling Virtual Items or fraudulently obtaining or acquiring Virtual Items or other products or services;
  • Rent, lease, sell, trade, gift, bequeath or otherwise transfer or share your Account to anyone without BBstudio’s written permission;
  • Access or use an Account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the Account creator without BBstudio’s  written permission;
  • Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
  • Use the Service, intentionally or unintentionally, in connection with any violation of any applicable laws or regulations, or encourage or promote the violation of any applicable law or regulation or any illegal activity including, but not limited to, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service;
  • Attempt to use the Service on or through any service that is not authorized by BBstudio. Any such use is at your own risk and may subject you to additional or different terms. BBstudio takes no responsibility for your use of the Service through any service that is not authorized by it;
  • Collect, harvest, post or communicate any person’s real-world personal information or private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service;
  • Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service;
  • Interfere with the ability of others to enjoy using the Service or any BBstudio game, including disrupt, overburden, assist or aid in the disruption or overburdening of any computer or server used to offer or support the Service or any BBstudio game environment, or take actions that interfere with or materially increase the cost to provide the Service for the enjoyment of all its users;
  • Without our express written consent, modify or cause to be modified any files, codes, or any other component which is part of the Service;
  • Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service;
  • Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by us, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;
  • Use the Service or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Service;
  • Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms;
  • Use any unauthorized third party software that accesses, intercepts, “mines”, or otherwise collects information from or through the Service or that is in transit from or to the Service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service to store information about BBstudio game characters, elements, or environment. BBstudio may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
  • Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server, or the Service, whether through the use of a network analyzer, packet sniffer or other device;
  • Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • Bypass any robot exclusion headers or other measures we employ to restrict access to the Service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;
  • Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation: (i) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service; or (ii) any connection using programs, tools, or software not expressly approved by us;
  • Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher, modify or otherwise attempt to derive the object code or source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by us;
  • Copy, modify or distribute rights or content from any BBstudio’s site or game, or BBstudio’s copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms;
  • Solicit or attempt to solicit personal information from other users of the Service;
  • Use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party’s uninterrupted use and enjoyment of the Service and User Content or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Service and User Content; or
  • Copy or adapt the Service’s software including but not limited to Flash, PHP, HTML, JavaScript or other code.
  • Use any automatic machine to operate BBstudio Client Software or use any other BBstudio software, other than the BBstudio Client Software.
  • Use the BBstudio Server API with any software other than the BBstudio Client Software.

BBstudio reserves the right to determine what conduct it considers to be in violation of the Rules of Conduct or otherwise outside the intent or spirit of these Terms of Service or the Service itself. If BBstudio determines that you do act in bad faith in violation of the BBstudio’s Terms, or if BBstudio determines that your actions fall outside of reasonable community standards, BBstudio may, at its sole discretion, terminate your Account and prohibit you from using the Service.

 

OWNERSHIP OF GAMES AND SERVICE / INTELLECTUAL PROPERTY OWNERSHIP

The Service is comprised of works owned by BBstudio, and it is protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. BBstudio reserves all right, title and interest in the materials in the Service (including, but not limited to, any games, applications, software, titles, computer code, themes, objects, characters, character names, animations, stories, dialogue, catch phrases, concepts, artwork, designs, graphics, fonts, texts, information, pictures, video, sound, music, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, personalized avatar, recordings of games played and other files, and their selection and arrangement) (collectively, “Service Materials”). BBstudio owns, has licensed, or otherwise has rights to use all of the content that appears in the Service. These Terms do not grant you or any other party any right, title or interest in the Service or any content in the Service. The entire contents of the Service are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. BBstudio reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service and BBstudio’s names, logos, trademarks, brands or service marks (“Trademarks”) used with the Service and are owned or licensed by BBstudio. You may only use the Service Materials in connection with your use of the Services for personal, noncommercial, entertainment purposes. The Service Materials may not be used by you in any other manner, or for any purpose, without our express written permission and/or the consent of any third party we deem necessary, except as provided for herein. Any unauthorized use by you of the Service Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.

You agree that you shall not, nor shall you cause any other party to modify, disassemble, reverse engineer, decompile, reverse assemble or otherwise attempt to discover any source code, copy, transfer, create derivative works from, assign, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, grant a security interest, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Service pursuant to these Terms or otherwise exploit any of the Service Materials without BBstudio’s explicit, prior written permission.

 

ACCOUNT

4.1 Account Information and Security
In order to use our Services, you must create an Account with BBstudio (an “Account”). You may access the Services via your account in a social network, like Facebook, your account with Amazon that provides your Amazon Fire TV application, or an account with the company that provides your mobile applications, like an Apple account. You may need to update third party software from time to time to receive the Service and/or updates and play BBstudio’s games. During the process of creating an Account to access the Service, you may be required to select a password or to allow us to access your account information from a social network service (“Login Information”). The following rules govern the security of your Account and Login Information. For the purposes of these Terms, references to Account and Login Information shall include any account information, including user names, passwords or security questions, whether or not created for the purpose of using the Service, that are used to access the Service (for example, account information for a social network service account from which the Service is accessed):

a) You are solely responsible for maintaining the security of your Account and you will be responsible for all uses of the Login Information. You shall not share your Account details with others or allow others to access or use your Account. You are solely responsible for any activity in your Account whether or not authorized by you, including purchases made using any payment instrument (for example, credit card, PayPal or social network or platform virtual currency).

b) You shall restrict use by minors, and you will deny access to persons under the age of 18. You accept full responsibility for any unauthorized use of the Service by minors and you agree that you are responsible for any use of your credit card or other payment instrument (for example, credit card, PayPal or social network or platform virtual currency) by minors.

c) In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify BBstudio and modify your Login Information.

d) You are solely responsible for anything that happens through your Account, whether or not such actions were taken by you. You therefore acknowledge that your Account may be terminated if someone else uses it to engage in any activity that violates these Terms or is otherwise improper or illegal.

4.2 When creating a Customer ID you agree that:

a) You must provide true, accurate, current and complete information as requested in the required fields and that you will update that information promptly after it changes. The information you provided shall be subject to our Privacy Policy;

b) You must not have more than one Account per platform or social network, at any given time, and shall not create an Account using a false identity or information, or on behalf of someone other than yourself;

c) You must not create an Account or use the Service if you are a convicted sex offender;

d) You must not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your account or any Virtual Items associated with your account to anyone; any such transfer or attempted transfer is prohibited and void;

e) You must not access or use an account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original account creator without BBstudio’s permission;

f) You must not have an Account or use the Service if you have previously been removed by BBstudio or previously been banned from playing any BBstudio game;

g) BBstudio reserves the right to remove or reclaim any user Nickname at any time and for any reason, including but not limited to claims by a third party that a username or Nickname violates the third party’s rights;

h) BBstudio reserves the right to charge fees in connection with the use of the Services; modify and/or waive any fees charged in connection with the Services; and

i) Your Nickname or Customer ID, which is considered open information for other users, may be transferred by BBstudio to other users to create connections and increase social relations of the users.

4.3 Ownership of Account
Notwithstanding any provision to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account stored or hosted on a BBstudio system, and you further acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to the benefit of BBstudio.

4.4  Termination of Account and Service
Without limiting any other remedies, BBstudio may refuse access to the Service or may limit, suspend, modify, delete or terminate your Account without notice to you, at any time for any reason, including, but not limited to, a suspected violation of the BBstudio’s Terms, illegal or improper use of your Account, or illegal or improper use of the Services, User Content, BBstudio’s games, or BBstudio’s intellectual property as determined by BBstudio in its sole discretion. You may lose your customer ID, user nickname, and all related information and files associated with your Account, as a result of Account termination and limitation, as well as any benefits, privileges, earned and purchased Virtual Items associated with your use of the Service (“Benefits), without responsibility on the part of BBstudio for any damage that may result from the foregoing, and BBstudio is under no obligation to compensate you for any such losses or results. You acknowledge that BBstudio is not required to provide you notice before suspending or terminating your Account or selectively removing, revoking or garnisheeing Benefits and termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.

BBSTUDIO MAY, IN ITS SOLE DISCRETION, LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICES OR ANY PORTION OF THEM; PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS; OR DELAY OR REMOVE HOSTED CONTENT, AND BBSTUDIO IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR RESULTS. 

WE MAY DELETE OR TERMINATE ACCOUNTS THAT ARE INACTIVE (I.E., NOT LOGGED INTO) FOR 180 DAYS. If you want us to cancel or delete your account, you can contact us at contact@bbstud.io.

BBstudio reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or any part of it will be automatically terminated or suspended. If that happens, BBstudio is not required to provide refunds, benefits or other compensation to users in connection with discontinued elements of the Service or for virtual goods previously earned or purchased.

You may stop using the Service at any time and may request that we stop making active use of your data at any time by following the instructions in our Privacy Policy. Unless the local law where you are located requires otherwise, we are not required to provide refunds, benefits or other compensation. If you want to terminate your Account at any time and for any reason, please contact us at contact@bbstud.io for a relevant process.

 

USER CONTENT

5.1 Meaning of User Content
Any communications, messages, posts, comments, chats, images, sounds, and all the material, data, text, graphics, photographs, videos, location information, or any other content, and their selection and arrangement, uploaded or transmitted through a BBstudio game, or any other Communication Channel of the Service by any user, including, but not limited to, your name, profile picture, voice, likeness, biographical information and game records are User Content (“User Content”) and they are subject, whether in whole or in part, to unlimited worldwide commercial, non-commercial and/or promotional use by BBstudio.

5.2  Your Responsibility for User Content
By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third parties’ rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by BBstudio in accordance with its Privacy Policy.
The User Content shall NOT include any of the following comments or other materials that : are invasive of a person’s privacy; are sexually oriented, explicit or suggestive or exploit people in a sexual or violent manner; are violent or derogatory of any ethnic, racial, gender or religious group; harass or advocate the harassment of another person; promote the illegal use of alcohol, drugs, or tobacco, firearms/weapons or promotes any activities that may be construed as illegal; are false or misleading or conduct that is abusive, threatening, obscene, defamatory or libelous; or infringe any party’s trademark, trade secret, copyright or other proprietary rights; and that impersonate any other person, including, without limitation, celebrities and/or other public or private figures, living or dead, a BBstudio employee.
You hereby agree that any User Content uploaded by you shall be your sole responsibility and that you may be held liable for any User Content that you upload, post or otherwise transmit via the Service. BBstudio shall not bear any responsibility for any of the content of User Content, and shall assume no responsibility for monitoring the Service for inappropriate or illegal content or conduct. We reserve the right to limit the storage capacity of User Content that you post on, through or in connection with the Service.  BBstudio reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Service with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, BBstudio shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law.

5.3 License to User Content
You hereby grant BBstudio and its affiliates a perpetual and irrevocable, worldwide, fully paid-up and royalty free, non-exclusive, unrestricted, unconditional, unlimited license, including the right to sublicense, transfer and assign to third parties, and right to copy, print, host, reproduce, fix, adapt, modify, improve, retitle, translate, reformat, archive, store, cache or otherwise exploit in any manner, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, disclose, sell, resell, license, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, in any media, at any time, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including advertising, marketing and promotions thereof. No credit, approval or compensation is due to you for any such use of the User Content you may submit. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content (like the right to be identified as the author of the User Content or the right to object to a certain use of that User Content). You also hereby grant to BBstudio the right to authorize others to exercise any of the rights granted to BBstudio under these Terms of Service. You further hereby grant to BBstudio the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. BBstudio does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. The license you grant us to use User Content ends when you request deletion of your User Content by submitting a request to contact@bbstud.io stating that you no longer want BBstudio to use your User Content, with the following exceptions:

  • User Content submitted in response to BBstudio promotions and competitions or any other content specifically solicited by us;
  • User Content either shared with others which they have not deleted or already used publicly as allowed under these Terms; and
  • User Content subject to a separate license with BBstudio (which will be subject to the terms of such license).

If you request deletion of your User Content we will take reasonable steps to remove your User Content from active use, which may include suppression of your User Content in our systems. However, User Content may persist in our systems, including back-up copies. We may also retain copies of User Content if we are legally required to do so.

5.4 Communication Channels
The Service may provide communication channels such as but not limited to fan pages, forums, blogs communities, or chat areas (“Communication Channels”). When you post your observations and comments on the Service in those communication channels, we cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. BBSTUDIO IS NOT RESPONSIBLE FOR ANY OTHER PERSON’S USE OR APPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY COMMUNICATON CHANNELS. 

You agree that BBstudio may use, sell, exploit and disclose the comments, feedback, suggestions, concepts, ideas, know-how or techniques contained in any communications you provide in any manner, for any purpose whatsoever, commercial or otherwise, without restriction, without attribution and without compensation to you. You agree that all your communications within the Communication Channels are public, and you have no expectation of privacy regarding your use of the Communication Channels.

You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by BBstudio, and these communications should not be considered reviewed or approved by us. You will be solely responsible for your activities within the Communication Channels and under no circumstances will BBstudio be liable for any activity within the Communication Channels.

We are under no obligation to monitor these communication channels but may do so, and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. We may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason.

You are solely responsible for your interactions with any other users of the Service.  If you have a problem with another user, we are not required to get involved, but we can if we desire. If you have a dispute with another user, you release BBstudio and its officers, directors, agents, subsidiaries, joint ventures, and employees, and all BBstudio affiliates from responsibility, claims, demands and/or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute. This includes damages for loss of profits, goodwill, use or data.

5.5 Monitoring of User Content
We have no obligation to monitor User Content and we are not responsible for monitoring the Service for inappropriate or illegal User Content or conduct by other users. We do not, and cannot, pre-screen or monitor all User Content.  By using the Service you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that BBstudio will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.   With respect to any User Content posted by other users, such users are solely responsible for the User Content they post, including, without limitation, the reliability, accuracy, and truthfulness of any such User Content. Similarly, we have no control over whether such User Content is of a nature that other users might find offensive, distasteful, or otherwise unacceptable and, accordingly, we expressly disclaim any responsibility for any User Content. You will bear all risks associated with any such User Content that you access or use. That said, we have the right, in our sole discretion, to edit, refuse to post, or remove any User Content.   We may also, at our discretion, choose to monitor and/or record your interaction with the Service or your communications with BBstudio or other users when you are using the Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording.

5.6 Copyright Infringement
BBstudio complies with he Digital Millennium Copyright Act (DMCA) and have a policy to respond to notices of alleged copyright infringement. If you believe in good faith that any Content infringes your copyright, you may send us a notice requesting that the Content be removed. The notice must include: (a) a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b)a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim is infringing is located in the Services; (d) your address, telephone number, and email address; (e)a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f)a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act in the copyright or intellectual property owner’s behalf. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. Notices and counter-notices should be sent to contact@bbstud.io.

 

PAYMENT TERMS

6.1 Ownership; Limited License to Virtual Items
In the Service you may get a limited license to Virtual Items by visiting the in-game Shop in our games and providing billing authorization through the platform on which you are playing. Virtual Items mean virtual, in-game currency, including but not limited to virtual gems, points, credits, bonuses or chips all for use in the Service (“Coins”) or virtual in-game items or collections (together with the Coins, “Virtual Items”).
There is never any requirement to make any purchase of any kind to use the Service. A certain number of Coins will be made available to you to collect when you log into the Service at recurring time intervals. If you exhaust your supply of Coins, you may elect to purchase additional Coins and continue to play the games through the Service or you may wait until additional free Coins are available to you. Coins and other Virtual Items are licensed to you by us for your use through the Service, subject to the limitations and other terms set out below.
Notwithstanding any provision to the contrary herein, you do not own Virtual Items, regardless of whether you “earned” those items in a game or “purchased” them. Your account and any related items are owned by BBstudio and BBstudio gives you a limited license to use your account and the related items while we offer the Service. You agree that BBstudio is not required or obligated to restore or compensate for any loss of virtual goods or currency appearing or originating in any BBstudio game, whether earned in a game or purchased from BBstudio, or any other attributes associated with an Account or stored on the Service.
BBstudio retains the right to manage, regulate, control, modify and/or eliminate Virtual Items at its sole discretion, and BBstudio shall have no liability to you or anyone for the exercise of such rights.  BBstudio may revise the pricing for the Service and the virtual items it licenses to you through the Service at any time. BBstudio reserves the right to refuse your request to purchase and/or acquire Virtual Items for any reason.
Virtual Items may only be held by legal residents of countries where access to and use of the Service are permitted.

6.2 Purchase
You will be required to pay a fee using “real world” money to obtain the Virtual Items. Virtual Items can never be redeemed or cashed out for “real world” money, goods, or any other item of monetary value from BBstudio or any other party. When purchasing Virtual Items, you agree to pay us the applicable charges for your purchase, including applicable taxes incurred by you or anyone using an Account registered to you, using a valid charge card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable.
Virtual Items purchased in our games on other platforms such as Amazon, Facebook, Apple iOS, or Android will be subject to those platforms’ payment terms and conditions.  We do not control how you can pay or how any refunds may be issued on those platforms. Please review those platforms’ terms of service for additional information.

6.3 All Sales are Final
Your purchase of Virtual Items is final and is not refundable, transferable or exchangeable, except in BBstudio’s sole discretion. You may not sublicense, trade, sell or attempt to sell in-game Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of a game, without BBstudio’s written permission. We won’t recognize those transfers as legitimate. Any such transfer or attempted transfer which is prohibited and void is also a violation of these Terms and may result in termination of your Account and/or legal action taken against you.

YOU ACKNOWLEDGE THAT BBSTUDIO IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, OR WHETHER YOU MADE A PAYMENT THROUGH AMAZON OR ANOTHER PLATFORM SUCH AS APPLE, GOOGLE, FACEBOOK, OR ANY OTHER SITES OR PLATFORMS WHERE WE OFFER OUR SERVICES.

PURCHASES OR REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY TO ACQUIRE A LICENSE TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE TO THE FULLEST EXTENT ALLOWED BY LAW. If you purchase third party currency or choose to make a payment in our Services through a third party (like Amazon, Facebook, Apple, or Google), you are agreeing to the third party’s payment terms, and BBstudio is not a party to the transaction.

 

PROMOTIONS AND OFFERS

From time to time, we may offer limited time promotions, contests, sweepstakes and special offers. And we may promote Offers, which shall mean special programs, including offers, excursions, and special gifts, both digital and tactile, that BBstudio may offer from time to time to certain eligible users. We are not required to give, and users are not required to accept, any Offer. Offers are not transferable, redeemable or exchangeable for other things of value, except at our sole discretion.  If you accept any Offer, you may have to sign a declaration of eligibility and liability release, or sign other paperwork in order to get the Offer.  Some Offers will be subject to taxes and other charges, travel, or activities outside of the virtual world, all of which will be disclosed before you accept the Offer.  If you accept an Offer you also assume all liability associated with the Offer.

You hereby agree and acknowledge that the acceptance of any Offer or participation in any promotion, constitutes your consent to BBstudio’s use of your name, likeness, photograph, voice, opinions, hometown, state and/or province for BBstudio’s purposes, at its sole discretion in any media, worldwide, without further payment or consideration.

 

DISCLAIMER OF WARRANTY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BY ACCESSING, USING OR DOWNLOADING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE, IN WHOLE AND IN PART (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, AND USER MATERIALS), SHALL BE AT YOUR SOLE RISK.  THE SERVICE OF BBSTUDIO IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE FULLEST EXTENT PERMITTED BY LAW, BBSTUDIO, ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, PARTNERS AND AGENTS DISCLAIM ALL WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND, EITHER EXPLICIT OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MARCHANTABILITY, TITLE, QUIET ENJOYMENT OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, USEFULNESS, AUTHORITY, ACCURACY, COMPLETENESS, AND TIMELINESS.

BBSTUDIO DOES NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECT WILL BE CORRECTED ; THAT THE GAME OR SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARYTY ; THAT THE SERVICES WILL SATISFY YOUR REQUIREMENT; THAT TRANSMISSIONS OR DATA WILL BE SECURE ; THAT YOU WILL BE ABLE TO ACCESS OR USE BBSTUDIO SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING; OR THAT BBSTUDIO WILL HAVE ADEQUATE CAPACITY FOR BBSTUDIO SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. BBSTUDIO RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER IT IS RESPONSIBLE FOR ANY MALFUNCTION OR DISRUPTION.

 

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT BBSTUDIO, ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS AND EMPLOYEES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR: (A)ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL OR DATA, LEGAL FEES, EXPERT FEES, LOST OPPORTUNITY, DAMAGE CAUSED TO YOUR SOFTWARE, HARDWARE, AND/OR DEVICE, ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE; OR (B)FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES. THE RISK OF USING THE SERVICE AND EXTERNAL SITES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICE AND EXTERNAL SITES,

TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY THE SERVICE, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE, UNDER ANY CAUSE OF ACTION WHATSOEVER OF ANY JURISDICTION, WHETHER BASED ON WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BBSTUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.

TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL BBSTUDIO, ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS AND EMPLOYEES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID BBSTUDIO IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE TAHT IF YOU HAVE NOT PAID BBSTUDIO ANY AMOUNTS  IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BBSTUDIO IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages.  Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that BBstudio may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of BBstudio’s liability shall be the minimum permitted under such applicable law. In particular, nothing in these Terms shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of BBstudio.

 

10 INDEMNITY

To the fullest extent permitted by law, you agree to defend, release, discharge, indemnify and hold BBstudio, and each of its affiliates or subsidiaries, or any of their directors, officers, agents, contractors, partners and employees, harmless from all liabilities, claims, damages, costs and expenses, including legal fees and expenses, that arise from or relate to: Your use or misuse of and access to the Service; Your violation of any term of the BBstudio’s Terms;  Your breach of the representations, warranties, and covenants made herein; Your violation of any third party right, including without limitation any copyright, property, or privacy right; Any claim that a user submissions made by you has caused damage to a third party; or Any User Content you post or share on or through the Service.

If BBstudio, its affiliates or subsidiaries, or any of their directors, officers, agents, contractors, partners and employees want to, they are allowed to take exclusive charge of the defense of any case on which you are required to compensate or reimburse them, and it will be at your expense. BBstudio, its affiliates or subsidiaries, or any of their directors, officers, agents, contractors, partners and employee will use reasonable efforts to let you know if they learn of any claim on which you have to compensate or reimburse them. This will apply even if you stop using the Services or your account is deleted.

 

11 LAW AND JURISDICTION FOR DISPUTES

By accessing, using or downloading the Services, you agree that any claim or any dispute of any sort between you and BBstudio that might arises in whole or in part from your use of the Service shall be governed in all respects by the laws of Republic of Korea, without regard to principles of conflict or choice of laws and regardless of your location. You agree that any claim or dispute between you and BBstudio that arises in whole or in part from these Terms or your use of the Service shall be resolved exclusively by the courts of competent jurisdiction located in Suwon, Republic of Korea. In the event that a dispute arises, before bringing a formal legal case, please contact to us at contact@bbstud.io for resolving the dispute.

 

12 GENERAL

12.1 Limiting Service to Certain Jurisdictions 
You are subject to all laws of the geography in which you reside and from which you access the Services and are solely responsible for obeying those laws. You agree BBstudio cannot be held liable if laws applicable to you restrict or prohibit your participation. BBstudio makes no representations or warranties, implicit or explicit, as to your legal right to access or participate in the Services nor shall any person affiliated, or claiming affiliation, with BBstudio have authority to make any such representations or warranties. BBstudio prohibits persons located in (including temporary visitors) or residents of certain jurisdictions, including jurisdictions where persons are required to play according to the regulations in such jurisdiction, using the appropriately designated, licensed game (the “Prohibited Jurisdictions”) from using our services. For the avoidance of doubt, the foregoing restrictions on using our services from Prohibited Jurisdictions apply equally to residents and citizens of other nations while located in a Prohibited Jurisdiction. Any attempt to circumvent the restrictions on play by any persons located in a Prohibited Jurisdiction, is a breach of this Agreement and will entitle us to take such steps as we deem appropriate including, without limitation, seizing the belongings of your account or limiting access to your account. BBstudio reserves the right to monitor the location from which you access the Services and to block access from any jurisdiction in which participation is illegal or restricted.

12.2 Entire Agreement
The BBstudio’s Terms constitute the entire agreement between you and BBstudio relating to the subject matter hereof, and (except in the case of fraud or made a fraudulent misstatement) supersede all prior understandings of the parties relating to the subject matter hereof, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us.

12.3 No Waiver
The failure of BBstudio to require or enforce strict performance by you of any provision of the BBstudio’s Terms or failure to exercise any right shall not be construed as a waiver or relinquishment of BBstudio’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by BBstudio of any provision, condition, or requirement of the BBstudio’s Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by BBstudio shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of BBstudio.

12.4 SEVERABILITY
You and BBstudio agree that if any portion of the BBstudio’s Terms is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the BBstudio’s Terms, which shall continue to be in full force and effect.

12.5 ASSIGNMENT
BBstudio may assign or delegate the BBstudio’s Terms, in whole or in part, to any person or entity at any time with or without your consent.  You may not assign or delegate any rights or obligations under the BBstudio’s Terms without BBstudio’s  prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

12.6 Equitable Remedies
You acknowledge that the rights granted and obligations made under the BBstudio’s Terms to BBstudio are of a unique and irreplaceable nature, the loss of which shall irreparably harm BBstudio and which cannot be replaced by monetary damages alone. Accordingly, BBstudio shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any BBstudio game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 9 “LIMITATION OF LIABILITY” (if any).

12.7 Force Majeure
We are not liable for any changes or problems out of our control, for example changes or problems caused by like natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

12.8 Notices
We may notify you by posting something in the BBstudio game(s) you play, and sending you an e-mail or using other ways of communicating with you based on the contact information you provide to us. All notices given by you or required from you under the BBstudio’s Terms shall be in writing and addressed to: BBstudio Inc., A-1003 U-Tower, 767 Sinsu-ro, Suji-gu, Yongin-si, Gyeonggi-do 16827, Republic of Korea. Any notices that you provide without compliance with this Section on NOTICES shall have no legal effect.

 

ⓒBBstudio Inc.