Updated: February 2011
Welcome to Bionic Panda Games, Inc. (“Bionic Panda Games”, “we”, “our”, or “us”). By accessing our website and playing our games (collectively, the “Services”), you acknowledge that you have read, understood, and agree to the most recent version of our Terms of Service. The following terms and conditions, including any future modifications to this Terms of Service, and all guidelines are collectively referred to herein as the “Terms of Service.”
ALL OF THE BIONIC PANDA GAMES SERVICES ARE AVAILABLE ONLY FOR INDIVIDUALS AGED 13 YEARS OR OLDER, IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, THEN YOU AGREE TO REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THE TERMS OF SERVICE. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THE TERMS OF SERVICE ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN ENTERING INTO THE TERMS OF SERVICE FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD'S USE OF THE SERVICES, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
We reserve the right, at our sole discretion, to modify, discontinue or terminate the Services or to modify the Terms of Service, at any time and without prior notice. If we modify the Terms of Service, we will post the modification on our website. By continuing to access or use the Services after we have posted a modification on our website or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Services.
Our Services may integrate with other services on a number of platforms provided by third parties. Please be aware that your activities on each of these platforms may be subject to additional terms of service for that platform.
We consider your privacy one of our highest priorities. Please see our Privacy Policy located at http://bionicpandagames.com/pages/privacy-policy for information and notices concerning our collection and use of your personal information.
Subject to compliance with the Terms of Service, we are granting you a non-exclusive, non-transferable, revocable limited license to access the Services for your own personal, non-commercial and entertainment purposes only. You agree not to use the Services for any other purpose. If you violate the Terms of Service, we reserve the right to terminate your license without notice.
The Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in the Terms of Service, Bionic Panda Games and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
All trademarks, service marks, logos, trade names and any other proprietary designations of Bionic Panda Games used herein are trademarks or registered trademarks of Bionic Panda Games. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
The Services may include virtual, in-game currency (“Virtual Currency”) including, but not limited to coins, cash, or points, that may be purchased from Bionic Panda Games for “real world” money, if you are a legal adult in your country of residence. The Services may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased from Bionic Panda Games for “real world” money or for Virtual Currency. Regardless of how they are named or described, Virtual Currency and Virtual Goods may never be redeemed for “real world” money, goods or other items of monetary value from Bionic Panda Games or any other party.
Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency solely in connection with your use of the Service, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Services, or any other attributes associated with use of the Services or stored within the Services.
We have the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as we see fit in our sole discretion, and we shall have no liability to you or anyone for the exercise of such rights.
Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Services. Outside of the Services, you may not buy or sell any Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for value. Any attempt to do so is in violation of the Terms of Service and may result in a lifetime ban from the Service and possible legal action.
You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Virtual Currencies may be forfeited if your account is terminated or suspended for any reason, in our sole and absolute discretion, or if we discontinue providing the Services.
We may from time to time offer certain location-based features within the Services. You assume all risks arising in connection with seeking or creating a location on the Services or any other related activity.
We have the right, but not the obligation, to remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any party's intellectual property, or that is detrimental to the quality or intended spirit of the Services. We also have the right, but not the obligation, to limit or revoke the use privileges of account of anyone who posts such content or engages in unacceptable behavior on the Services.
Examples of unacceptable content or behavior on the Services include, but are not limited to:
Unfortunately, we cannot control all content posted by third parties to the Services, and as a result, we do not guarantee the accuracy, integrity or quality of such content. You understand that by using the Services you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will Bionic Panda Games be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content. You understand that you must evaluate and bear all risks associated with the use of any content, including any reliance on the content, integrity, and accuracy of such content. If you would like to report objectionable materials, you may contact us at tos@bionicpandagames.com.
You retain ownership rights to your User Content (as defined below). As applicable, you may post, upload, publish, submit or transmit text, graphics, your location, images, music, software, audio, video, information or other materials to be made available through the Services (“User Content”). By making available any User Content through the Services, you hereby grant to Bionic Panda Games a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Services. You also grant each user of the Services the right to access, display, view, store and reproduce such User Content for personal use. Bionic Panda Games does not claim any ownership rights in any such User Content and nothing in the Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services.
You are solely responsible for your interactions with other users. You understand that we do not in any way screen our users, nor do we inquire into their backgrounds. We make no representations or warranties as to the conduct of users. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of the Services or persons you meet through the Services. You agree to take reasonable precautions in all interactions with other users of the Services, particularly if you decide to meet offline or in person. You should not provide your financial information (for example, your credit card or bank account information) to other users.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through our Services, please notify Our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
Our Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: copyright@bionicpandagames.com
OR
Copyright Agent
Bionic Panda Games, Inc.
665 Third Street, Suite 150
San Francisco, CA 94107
For clarity, only DMCA notices should go to the Bionic Panda Games Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Bionic Panda Games customer service through support@bionicpandagames.com.
Links to third party sites may appear within the Services. Any linked sites are not controlled by us and may collect data or solicit personal information from you. We are not responsible for such linked sites, their content, business practices, goods and services or privacy policies, or for the collection, use or disclosure of any information by those sites. We provide such linked sites only as a matter of convenience and the inclusion of any link does not imply an endorsement by us of such linked sites.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services. If there is a dispute between users and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Bionic Panda Games, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification hereby survive any termination of the Terms of Service or any termination of your use of or subscription to the Bionic Panda Games Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BIONIC PANDA GAMES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
BIONIC PANDA GAMES MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR (IV) THAT THE SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES ARE ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIONIC PANDA GAMES OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BIONIC PANDA GAMES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BIONIC PANDA GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless Bionic Panda Games, its officers, directors, employees, agents and third parties, harmless for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your connection to or use of the Services, including (a) any breach by you of the Terms of Service, (b) any claims arising from the content you submit, post, transmit or make available through the Service, and (c) if applicable, your use of the Service to meet another user in-person or to locate and/or visit any offline place or event.
The Terms of Service, your rights and obligations, and all actions contemplated by the Terms of Service shall be governed by the laws of the California. As a condition of using the Services, you agree that any and all disputes and causes of action arising out of or connected with Bionic Panda Games, shall be resolved through arbitration, with such arbitration to be held in San Francisco County, California.
Additionally, except where prohibited by law, as a condition of using the Services, you agree that any and all disputes and causes of action arising out of or connected to our Services shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
The Terms of Service is the entire agreement between you and Bionic Panda Games with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Bionic Panda Games with respect to the Services. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
You may not assign or transfer the Terms of Service, by operation of law or otherwise, without the prior written consent of Bionic Panda Games. Any attempt by you to assign or transfer the Terms of Service, without such consent, will be null and of no effect. Bionic Panda Games may assign or transfer the Terms of Service, in its sole discretion, without restriction. Subject to the foregoing, the Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted to required hereunder, including those regarding modifications to the Terms of Service, will be in writing and given by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Headings are for convenience only and have no legal or contractual effect.
If you have any questions about the Terms of Service, please contact us at tos@bionicpandagames.com.
Copyright 2011 Bionic Panda Games, Inc.
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