Terms of Service (11 January 2014) – FOR Chicken Fly! USE
Accepting the Terms
These Terms of Service ("Terms") are a legal agreement between BAAD
GAMES. ("BG" or "we") and you ("you"). By using or accessing any BG
game or application ("Service") you agree to be bound by these Terms.
Privacy Policy is incorporated herein by reference. By accessing or
using the Service, you agree that you have read, understood, and
accept to be bound by the Terms. BG reserves the right, in its sole
discretion, to modify or revise these Terms at any time, and you agree
to be bound by such modifications or revisions. If you do not agree to
the Terms, do not use the Service.
Users are responsible for periodically viewing the Terms. Your
continued use of the Service after a change or update has been made
will constitute your acceptance to the revised Terms. If you do not
agree to the Terms your only remedy is to discontinue your use of the
Service and cancel any accounts you have made using the Service.
If you violate the Terms, BG reserves the right to issue you a warning
regarding the violation or immediately terminate or suspend any or all
accounts you have created using the Service. You agree that BG need
not provide you notice before terminating or suspending your
account(s), but it may do so.
BG reserves the right to refuse any user access to the Services
without notice for any reason, including, but not limited to, a
violation of the Terms.
You agree that BG may discontinue the Service or change the content of
the Service at any time, for any reason, with or without notice to
you, without liability.
You represent that you are 13 years old or older. If you are between
the ages of 13 and 18, you represent that your legal guardian has
reviewed and agrees to the Terms.
Intellectual Property/Ownership
All materials that are part of the Service (including, but not limited
to, designs, text, graphics, pictures, video, information,
applications, software, music, sound and other files, and their
selection and arrangement) are protected by law from unauthorized use.
The entire contents of the Service are copyrighted under the Poland
copyright laws and/or similar laws of other jurisdictions.
You agree that no materials that are part of the Service may be
modified, copied, distributed, framed, reproduced, republished,
downloaded, scraped, displayed, posted, transmitted, or sold in any
form or by any means, in whole or in part, or otherwise exploited
without BAAD GAMES's express prior written permission, except that the
foregoing does not apply to your own User Content (as defined below)
that you legally post on the Site. All other uses of copyrighted
material, including any derivative use, require express prior written
permission from BG. Any reproduction or redistribution of materials
not in accordance with these Terms is expressly prohibited and may
result in severe civil and criminal penalties.
BG and/or its licensors remain the owners of right, title, and
interest, including copyrights and other intellectual property rights,
in and to all materials posted on the Services by BAAD GAMES. You
acknowledge that you do not acquire any ownership rights by using the
Service or by accessing any materials posted on the Service by BAAD
GAMES, or any derivative works thereof.
BG grants you a personal, non-exclusive, non-transferable, revocable,
limited scope license to use the Service solely for the purpose of
viewing and using the applicable Services and for no other purpose
whatsoever. Your license to use the Services is limited by these
Terms.
User Content
You agree that you are willingly publishing the content on the Service
using technology and tools provided by BAAD GAMES. You understand and
agree that you may not distribute, sell, transfer or license this
content and/or application in any manner, in any country, or on any
social network or other medium without the explicit written permission
of BAAD GAMES. You grant BG the right to act as an agent on your
behalf as operator of the application.
Any data, text, graphics, photographs and their selection and
arrangement, (hereinafter "User Content") uploaded to the Service are
subject, whether in whole or in part, to unlimited commercial,
non-commercial and/or promotional use by BAAD GAMES. Text, graphics,
and photographs are uploaded by you and are the sole responsibility of
the person from whom the User Content originated. Thus, users are
responsible, and BG is not responsible for any files users upload,
post, or otherwise make available. BG may or may not regulate User
Content and does not guarantee the accuracy, quality, or integrity of
any User Content posted via the BG application. By using BG you
acknowledge and accept that you may be exposed to material you find
offensive or objectionable. You agree that BG will not under any
circumstances be 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.
BG reserves the right to remove and permanently delete any User
Content from the Service with or without notice.
Virtual Currencies/Goods
The Service may include an opportunity to purchase virtual, in-game
currency ("Virtual Currency") that may require you to pay a fee using
"real money" to obtain the Virtual Currency. The Service may also
include virtual, in-game digital items (“Virtual Goods”) that may be
purchased from BG for “real money” or for Virtual Currency. Virtual
Currency and Virtual Goods can never be redeemed for real money,
goods, or any other item of monetary value from BG or any other party.
You understand that you have no right or title in Virtual Goods or
Virtual Currency.
Your purchase of Virtual Currency and/or Virtual Goods is final and is
not refundable, exchangeable, transferable, except in BAAD GAMES's
sole discretion. You may not purchase, sell, or exchange Virtual
Currency or Virtual Goods outside the Service. Doing so is a violation
of the Terms and may result in termination of your account with the
Service and/or legal action.
BG retains the right to modify, manage, control and/or eliminate
Virtual Currency and/or Virtual Goods at its sole discretion. Prices
and availability of Virtual Goods are subject to change without
notice.
Rules of Conduct/Usage
The BG Service may provide communication channels such as forums,
communities, or chat areas ("Communication Channels") designed to
enable you to communicate with other Service users. BG has no
obligation to monitor these communication channels but it 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. BG may also terminate
or suspend your access to any Communication Channels at any time,
without notice, for any reason. You acknowledge that chats, postings,
or materials posted by users on the Communication Channels are neither
endorsed nor controlled by BAAD GAMES, and these communications should
not be considered reviewed or approved by BAAD GAMES. BG will not
under any circumstance be liable for any activity within Communication
Channels.
You agree that all your communications with the Communication Channels
are public, and thus you have no expectation of privacy regarding your
use of the Communication Channels. BG is not responsible for
information that you choose to share on the Communication Channels, or
for the actions of other users.
You agree that your use of the Service shall be lawful and that you
will comply with the usage rules. In furtherance of the foregoing, and
as an example and not as a limitation, you agree not to use the
Service in order to:
• post, upload, transmit or otherwise disseminate information that is
obscene, indecent, vulgar, pornographic, sexual or otherwise
objectionable
• defame, libel, ridicule, mock, stalk, threaten, harass, intimidate
or abuse anyone, hatefully, racially, ethnically or, in a reasonable
person's view, otherwise offensive or objectionable
• upload or transmit (or attempt to upload or transmit) files that
contain viruses, Trojan horses, worms, time bombs, cancelbots,
corrupted files or data, or any other similar software or programs
that may damage the operation of the Service or other users' computers
• violate the contractual, personal, intellectual property or other
rights of any party including using, uploading, transmitting,
distributing, or otherwise making available any information 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)
• attempt to obtain passwords or other private information from other members
• improperly use support channels or complaint buttons to make false
reports to BAAD GAMES
• develop, distribute, or publicly inform other members of "auto"
software programs, "macro" software programs or other "cheat utility"
software program or applications in violation of the applicable
License Agreements
• exploit, distribute or publicly inform other members of any game
error, miscue or bug which gives an unintended advantage
• violate any applicable laws or regulations, or promote or encourage
any illegal activity including, but not limited to, hacking, cracking
or distribution of counterfeit software, or cheats or hacks for the
Service
Privacy and Protection of Personal Information
Information collected from you is subject to the pertinent social
network’s policy. By using the Service, you may be granting your
social network permission to share your e-mail address and any other
personally identifiable information with BAAD GAMES. Please see
Privacy Policy for more information on the collection and use of your
information. You acknowledge and agree that the Privacy Policy is
incorporated and made part of these Terms.
Disclaimer of Warranty; Limitation of Liability
You agree that your use of the Service shall be at your sole risk. To
the fullest extent permitted by law, BAAD GAMES, its subsidiaries,
affiliates, officers, directors, employees, and agents disclaim all
warranties, express or implies, in connection with the website and
your use thereof including implied warranties of title,
merchantability, fitness for a particular purpose or non-infringement,
accuracy, authority, completeness, usefulness, and timeliness. BG
makes no warranties or representations about the accuracy or
completeness of the content of the Service and of the content of any
sites linked to the Service; BG assumes no liability or responsibility
for any (i) errors, mistakes, or inaccuracies of content, (ii)
personal injury or property damage, of any nature whatsoever,
resulting from your access to and use of the Service, (iii) any
unauthorized access to or use of our secure servers and/or any and all
personal information and/or financial information stored therein, (iv)
any interruption or cessation of transmission to or from the Service,
(v) any bugs, viruses, trojan horses, or the like which may be
transmitted to or through the Service by any third party, and/or (vi)
any errors or omissions in any content or for any loss or damage of
any kind incurred as a result of the use of any content posted,
emailed, transmitted, or otherwise made available via the Service.
In no event will BAAD GAMES, its subsidiaries, affiliates, directors,
officers, agents, contractors, partners and employees, be liable to
you or any third person for any special, direct, indirect, incidental,
special, punitive, or consequential damages whatsoever including any
lost profits or lost data arising from your use of the Service or
other materials on, accessed through or downloaded from the Service,
whether based on warranty, contract, tort, or any other legal theory,
and whether or not BG has been advised of the possibility of these
damages. The foregoing limitation of liability shall apply to the
fullest extent permitted by law in the applicable jurisdiction. You
specifically acknowledge that BG shall not be liable for user
submissions or the defamatory, offensive, or illegal conduct of any
third party and that the risk of harm or damage from the foregoing
rests entirely with you.
You agree to indemnify and hold BAAD GAMES, and each of its
subsidiaries, affiliates, directors, officers, agents, contractors,
partners and employees, harmless from and against any loss, liability,
claim, demand, damages, costs and expenses, including reasonable
attorney's fees, arising out of or in connection with (i) your use of
and access to the Service; (ii) your violation of any term of these
Terms of Service; (iii) your violation of any third party right,
including without limitation any copyright, property, or privacy
right; (iv) any claim that one of your User Submissions caused damage
to a third party; or (v) any Content you post or share on or through
the Service.
General
By visiting or using the Service, you agree that the laws of Poland,
without regard to principles of conflict of laws and regardless of
your location, will govern these Terms of Service and any dispute of
any sort that might arise between you and BAAD GAMES. Any claim or
dispute between you and BG that arises in whole or in part from your
use of the Service shall be decided exclusively by a court of
competent jurisdiction located in Poland, and you hereby consent to,
and waive all defences of lack of personal jurisdiction and forum non
conveniens with respect to venue and jurisdiction in Poland. BG
reserves the right to amend these Terms of Service at any time and
without notice, and it is your responsibility to review these Terms of
Service for any changes. Your use of BG following any amendment of
these Terms of Service will signify your assent to and acceptance of
its revised terms. YOU AND BGAGREE THAT ANY CAUSE OF ACTION ARISING
OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR
AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED.
Last updated on: 11th January 2014