TERMS OF SERVICE
Acceptance of the Terms
THESE TERMS OF SERVICE (“TERMS”) FORM A LEGAL AGREEMENT BETWEEN BEACH BUM AND YOURSELF. BY CONNECTING, ACCESSING OR PLAYING OUR GAMES AND/OR INSTALLING OUR APPLICATIONS AND/OR CREATING AN ACCOUNT WITH US (AS SUCH TERMS ARE FURTHER DEFINED), YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL, CONNECT TO, ACCESS OR USE THE GAMES APPLICATIONS OR ANY GAMES OFFERED THEREBY.
The Games are available only to individuals who (a) are at least thirteen (13) years old; and (b) possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law, or have received the required consent from their legal guardian to enter into these Terms. Therefore, you hereby represent that you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Games in accordance with these Terms, and to fully perform your obligations hereunder. If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agreed to these Terms. Individuals under a certain age who have the express consent of their legal guardian may nonetheless be prohibited from participating in particular games due to age restrictions specifically applicable to those Games.
Amendment of Terms
The Company reserves the right to modify, remove, add, amend, extend or otherwise change the Terms at any time. The continued use of the Games constitutes your acceptance to such changes. If you do not agree to these Terms you have no right to access and/or obtain information from or otherwise continue using the Games. Accordingly, you are responsible for reviewing these Terms from time to time so that you will be apprised of any changes. At all times, the latest version of these Terms shall be binding and prevail over any other version.
We offer various online games which are available to you through the Facebook platform and/or as installable mobile applications for iOS/Android platforms. The Games include features which provide the ability to “earn” or purchase with real money virtual goods, virtual currency, tokens or virtual prizes as further described below, as well the ability to interact with other Users whilst playing the Games. The foregoing games and features including any services offered thereon shall be collectively referred in these Terms as “Games“.
Players acknowledge and accept that they are playing the Games against either the computer or against other Players and can communicate with such Players. Players are encouraged to invite only friends of whom he/she reasonably believe are interested in playing Games with him/her.
You may earn Virtual Items by winning certain Games against other Players or the computer. If you win the Game in accordance with the applicable Game Rules, the earned Virtual Items will be credited to your Account. Our server software is decisive and will always choose one Player as the winner. This decision may not be disputed. The Players are informed about the results of a Game, and whether they have won a prize within the Game. Virtual Items have no monetary value whatsoever. They may not be redeemed for cash, property or anything else besides the benefit within the applicable games provided by us and you shall not be entitled to refund them or exchange them with anything else in the event the account is terminated for any reason. Such Virtual Items may not be withdrawn, sold or transferred.
Beach Bum reserves the right to correct results in retrospect or to declare results void, if the result of a Game was caused by a technical default or a Player’s fraudulent behavior.
YOUR USE OF THE GAMES IS ENTIRELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE TO ENSURE THAT YOUR USE OF THE GAMES IN THE JURISDICTION WHERE YOU RESIDE IS PERMITTED PURSUANT TO ALL LOCAL LAWS AND REGULATIONS.
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, THE GAMES ARE PROVIDED “AS IS” WITH ALL FAULTS AND DEFAULTS. BEACH BUM WILL NOT BE LIABLE TO YOU OR ANY OF THE PLAYERS FOR ANY DAMAGES OR LOSS INCURRED BY YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH USE OF OUR GAMES.
ANY VIOLATION OF THESE TERMS ENTITLES BEACH BUM TO IMMEDIATELY TERMINATE THE USERS ACCOUNT WITHOUT NOTICE.
Playing the Games
Please note that the Games may only be available for certain operating systems (Facebook, iOS, Android).
Each Game includes Game Rules and relevant instructions of use.
Use and registration for the Games is entirely free of charge. The different platforms offer Users different ways to play the Games such as by registering and opening an account (“Account“) or in some cases playing the Games as a guest (“Guest Player“) without registration. The opening of several Accounts by the same Player (so-called “multi-accounts”) is prohibited.
Guest Players will have a limited access to certain features (such as, playing the Games against the User’s Facebook friends and sharing Game results on the User’s personal Facebook account). In addition Guest Players Game results cannot be saved and such Guest Player cannot accumulate and save Virtual Items.
iOS and/or Android Platforms: You can download the application of the Game on your device using the relevant application store using your account with such platform. The User can play the Games on the iOS and/or Android platforms by registering and opening an Account, or through using his/her existing Facebook account or alternatively as a Guest Player.
Facebook Platform: The User can play the Games on the Facebook platform only when you are logged in to your Facebook account. Once you access the Game, you will be requested to confirm that Facebook transfers your basic information (such as the user name and photograph appearing in your Facebook account as well as your email address) through the Facebook API to us for the purpose of identifying you as a user of the Game.
In order to encourage users to succeed in our Game, we may publish data in the Game according to various categories of Users and statistics, asset upon our sole discretion. We may publish such statistics pertaining to successful Users and create informal competitions between various categories of users in a manner which shall be accessible to all Users of the Games.
In addition, certain User data that you either provide us or that is accessed through Facebook connect (subject to Facebook terms and conditions) including your user name, photo and reference to the country of residence, will be published on your User Profile and may be made available to other Users, some of whom you may be in contact with via the Games.
As part of the video chat or otherwise through certain Game(s), each User may be able to present any Content (as defined below). All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may, but are not required to monitor or control the Content posted via the Game and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Game or obtained by you through the Game is at your own risk.
“Content” means text, graphics, images, data, messages, posts, photographs, music, software, audio, video, works of authorship of any kind, chats, and information or other materials that are posted, generated, provided or otherwise made available through the Game, including, without limitation, your name, profile picture, voice, likeness, game record and User Content; and (ii) “User Content” means any Content that you provide or import to be made available through the Game.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Game(s) or endorse any opinions expressed via the Game(s). You understand that by using the video feature made available in certain Game(s), you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Beach Bum Ltd. be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Game or broadcast elsewhere. You retain your rights to any User Content you submit, post or display on or through the Game(s). By submitting, posting or displaying User Content on or through the Game(s), you grant us a worldwide, unrestricted, unconditional, unlimited, non-exclusive, royalty-free license (with the right to sublicense, transfer or assign to third parties) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). Notwithstanding the foregoing and any other provision in these Terms, the content of your video chat sessions will only be used by us for the purpose of allowing you to connect with Other Players and for no other purpose. In addition, we will not save any video sessions conducted during any Game, please be advised that Agora may do so in accordance with its Terms of Service.
In addition to the foregoing, we may improve, translate, reformat, archive, store, or otherwise exploit in any manner, create derivative works, commercialize, publish, distribute, disclose, sell, resell, license, sublicense, 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, 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). The license you grant us to use User Content ends when you delete your User Content or you close your Account unless your User Content has been shared with others, and they have not deleted it. However, you understand and accept that removed content may persist in back-up copies for a reasonable period of time.
You are responsible for any User Content you provide, and for any consequences thereof, including the use of your User Content by other Users with whom you play in any Game. You should only provide User Content that you are comfortable sharing with others under these Terms. We will not be responsible or liable for any use of your User Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Game(s), nor any use of your User Content by us on or through the Game(s) will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You must safeguard and not disclose your Account username and password and you must supervise the use of such Account. Without our prior written consent a Player may not sublicense, sell or otherwise transfer his/her Account and/or sell any Virtual Items associated with such Account to a third party. You must provide accurate and complete information when creating an Account and you agree not to misrepresent your identity or your Account information or open an Account using a false identity or incorrect information, or on behalf of someone other than yourself. You shall not open an Account or use the Games if you have previously been removed by Beach Bum or previously been banned from playing any of Beach Bum Games. You agree to keep your Account information up to date and accurate. You are responsible for anything that happens through your Account. You acknowledge that your Account may be closed if someone else uses your Account to engage in any activity that violates these Terms or is otherwise improper or illegal.
You undertake to monitor your Account and to restrict use by any minors. You accept full responsibility for any unauthorized use of the Games by minors and you acknowledge that you are solely responsible for any use of your credit card or other payment instrument (for example, PayPal) by minors.
If for any reason you wish to modify your Personal Information you may do so by contacting us firstname.lastname@example.org. Your Account will terminate within a reasonable timeframe following your request, and from the date of termination you will no longer be able to access your Account. You must remove all contents of the Games immediately once you request to terminate your Account.
Players must immediately inform Beach Bum as soon as they gain knowledge that any unauthorized use has been made of his/her Account. Beach Bum recommends that, for security reasons, passwords should be changed regularly.
YOU AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN AN ACCOUNT, AND YOU ACKNOWLEDGE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL BE OWNED BY BEACH BUM. YOUR ACCOUNT WILL BE CONSIDERED ACTIVE UNTIL WE RECEIVE YOUR REQUEST TO DEACTIVATE OR DELETE IT OR IN THE EVENT THAT THE COMPANY DECIDES TO TEMPORARILY OR PERMANENTLY LIMIT, SUSPEND OR TERMINATE YOUR ACCOUNT (AS FURTHER DETAILED BELOW). NEVERTHELESS, WE RESERVE THE RIGHT TO TERMINATE AN ACCOUNT THAT HAS BEEN INACTIVE FOR AT LEAST 365 CONSECUTIVE DAYS. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Subject to your agreement and compliance with these Terms, Beach Bum grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Games. Use of the Games shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. You hereby acknowledge that this license to use the Games is subject to these Terms the Game Rules and applicable laws. If you violate or if, at any point, you do not agree with any of these Terms, your license to use the Games is immediately revoked, and you will immediately stop using the Games. If the Games or any part thereof is determined to be illegal under the laws of the country in which you reside, this license is automatically revoked.
The Terms do not convey to you an interest in or to the Company’s Intellectual Property but only a limited revocable right to use the Games in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property rights under any law.
In the course of using the Games you may win, earn or alternatively purchase, with real world money, certain game credits or prizes including without limitation virtual currency, virtual play money coins, cash, tokens, or points, and/or virtual in-game items (“Virtual Items“). These Virtual Items shall allow you to access certain paid features of the Games for free or with discount. Note that such Virtual Items are virtual and have no monetary value whatsoever. You do not in fact “own” such Virtual Items. They may not be redeemed for cash, property or anything else besides the benefit within the applicable games provided by us and you shall not be entitled to refund them or exchange them with anything else in the event the account is terminated for any reason. Such Virtual Items may not be withdrawn, sold or transferred and any attempted transfer shall be null and void.
Beach Bum retains the right to manage, control, modify and/or eliminate Virtual Items at its sole discretion. Prices and availability of Virtual Items are subject to change without notice.
PURCHASE OF VIRTUAL ITEMS IS ENTIRELY AT YOUR OWN RISK AND IS NON-REFUNDABLE AND NON-EXCHANGEABLE.
You acknowledge and agree that we may collect a scaled virtual commission in virtual coins on any Games (“House Tip“).
Effectively at the end of the Game the House Tip may be deducted from the virtual pot, and the winner gets the full win amount of virtual coins, after deduction of the House Tip amount that is collected from both the winner and loser.
There are certain conducts which are strictly prohibited when using the Games. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at Beach Bum’s sole discretion) in the termination of your access to the Games and/or may expose a User to civil and/or criminal liability.
You shall not:
Create an account with or access the Games if you are under the age of 13;
Use the Games in illegal manner or encourage or promote any illegal activity.
While playing the Games and using any media features on the Games such as video, voice chat or otherwise, upload, post, show, display, transmit or otherwise disseminate User Content that (a) is indecent, sexually explicit or obscene, pornographic, or otherwise offensive or objectionable; (b) contains libel, defamation, threatening, or harassing, abusive, spam, inflammatory or racist materials, promotes discrimination, hatred or harm against any individual or group or is a direct and specific threat of violence to others; (c) illegal, contrary to public policy or that could facilitate the violation of any applicable law, regulation or government policy; (d) libelous or defamatory; (e) infringes upon the intellectual property rights or any other right of any third party; (f) violates the privacy, publicity, moral or any other right of any third party, including interfere with or violate Users’ rights to privacy and other rights, impersonate another User in a manner that does or is intended to mislead, confuse, or deceive others, or harvest, post, solicit or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Games and retrieve, index and/or data-mine information; (g) offers or disseminates any fraudulent goods, services, schemes, investment opportunities, promotions or advice not permitted by law; (h) promotes illegal gambling, the use of illegal substances; (i) directed or primarily appeals to children under the age of 16; (j) harmful to Company’s or any other party’s systems and networks, including by means of malicious code, adware, spyware; (k) violates any obligation of confidentiality; (l) impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others; (m) unacceptable in Company’s sole discretion; (n) files that contain viruses, trojan horses, worms, time bombs, or any other similar programs that may interfere with or damage the operation of the Games.
Fail to pay any fees (to the extent applicable);
Interfere with or disrupt the operation of the Games or the servers or networks that host the Games, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks;
Attempt to play the Games with aid of any backgammon computer programs, backgammon software, computerized device, unapproved dice programs, or any other method classified as fraudulent by Beach Bum.
Advertise, solicit or transmit any commercial advertisements or SPAM.
Violate intellectual property or other rights of any party;
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 these Terms and/or the terms of service of any third-party applications or social networks through which the Games are accessed;
Upload or transmit (or attempt to upload or to transmit), without our 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”);
Exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage;
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 virtual goods or fraudulently obtaining or acquiring Virtual Items;
Rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone without our written permission;
Attempt to gain access to the Games on or through any service or platform that is not authorized by Beach Bum.
Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Games; or interfere with the ability of others to enjoy using the Games, including disrupt, overburden or aid the disruption or overburdening of the Games servers.
Copy, distribute, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of any content made accessible through the Games, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use any content on the Games, other than for playing the Games as permitted under these Terms and Game Rules.
Sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Beach Bum’s proprietary rights;
Sell, license, or exploit for any commercial purposes any use of or access to the Games;
Frame or mirror any part of the Games without our prior express written authorization;
Create a database by systematically downloading and storing all or any of the content from the Games.
Perform in-game services in exchange for payment outside the Games (e.g. power-leveling and item collection services); and/or
Infringe and/or violate any of these Terms.
You agree to pay all fees and applicable taxes incurred by you or anyone using your Account. Beach Bum may revise the pricing for the goods and services it licenses to you through the Games at any time. YOU ACKNOWLEDGE THAT BEACH BUM IS NOT REQUIRED FOR ANY REASON TO PROVIDE A REFUND, 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.
Please note: All of Beach Bum Games are free of charge. However, the Games offer Users the ability to purchase Virtual Items. In addition, you hereby acknowledge and agree that you may be charged for Internet connection, mobile fees and data usage charges made through use of the Games in accordance with the applicable rates charged by your respective third-party internet and data usage service provider.
Intellectual Property Rights
The Games and any services and/or content therein and the Company’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, copyrightable materials, graphics, sounds, animations, text, images, designs (including the “look and feel” of the Games) specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface, trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property“), are owned by and/or licensed to the Company and are protected by applicable copyright and other intellectual property laws and international conventions. Notwithstanding anything to the contrary herein, you agree that the Games are licensed hereunder, not sold. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
It is understood that you may, at your sole discretion, provide Beach Bum with suggestions and/or comments with respect to the Games (“Feedback”). You represent that you are free to do so and that you shall not knowingly provide Beach Bum with Feedback that infringes upon third parties’ intellectual property rights. You further acknowledge that notwithstanding anything herein to the contrary, any and all rights, including intellectual property rights in such Feedback shall belong exclusively to Beach Bum. It is further understood that use of Feedback, if any, may be made by Beach Bum at its sole discretion, and that Beach Bum in no way shall be obliged to make use of any kind of the Feedback or part thereof.
Furthermore, you warrant that your Feedback is not subject to any license terms that would purport to require Beach Bum to comply with any additional obligations with respect to any Beach Bum current or future products, technologies or services that incorporate any Feedback.
Trademarks and Trade Names
Beach Bum’s marks and logos and all other proprietary identifiers used by the Company in connection with the Games (“Company Trademarks“) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Games belong to their respective owners (“Third Party Marks“). These trademarks are protected by applicable trademark laws and regulations and some are subject to applicable usage guidelines published by their owners.
No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect to the Company Trademarks or the Third Party Marks and therefore you will avoid using any of those marks, except as permitted herein.
Third Party Marks owners are not affiliated with the Beach Bum brand or our Games. They do not sponsor or endorse our Games, and any reference to such trademarks do not imply endorsement or recommendation by Beach Bum.
To enjoy the Games, you must be over the age of thirteen (13).
If you are under the age of 13 do not use our Games.
Direct Marketing and Advertisements
Direct Marketing: You hereby agree that we may use your contact details for the purpose of informing you regarding Games and new features which may interest you, and to send to you advertisements and other marketing material, transmitted to the e-mail address you have provided.
You may opt-out of these communications by sending an email to the following address:email@example.com, or alternatively, responding to the e-mail transmitted to you and asking to be unsubscribed. In any event the instructions for removing yourself from the mailing list are available in the e-mail transmitted to you.
In the event that you are using the Games on a mobile device, the following Usage Rules apply to you: Since you are downloading the Games from a third party platform, service provider or distributor (“Platform Provider“) your use of the Games is also governed by usage rules which the Platform Provider may have established and which relate to your use of the Games (“Usage Rules“). Certain Usage Rules are described below, but other Usage Rules may apply and it is your responsibility to determine what other Usages Rules are applicable to your use of the Games. You undertake to comply with all the applicable Platform Provider’s Usage Rules and the Usage Rules applicable to your use of the Games are incorporated herein by reference. In the event of a conflict between the Terms and the terms of any applicable Usage Rules, which relates solely to the Platform Provider’s representations, warranties, restrictions on use of the Games, obligations, limitation of liability and/or other provisions that impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider’s Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the Games. Any download and/or use of the Games by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the Games is expressly prohibited.
The Games availability and functionality depends on various factors, such as software, hardware and the Company’s service providers and contractors. Beach Bum does not warrant or guarantee that the Games will operate at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
The Games may contain areas for discussion, chat or other forums in which you may interact with other Users (“Interactive Areas“). You are solely responsible for your use of such Interactive Areas at your own risk.
If you provide or make available to other Users through the Games any literary works, text, or other materials (the “User Generated Content“) you must comply with the following:
You must respect intellectual property rights and privacy rights of third parties who have any rights with respect to your User Generated Content.
You represent and warrant that you are the rightful owner of the User Generated Content you upload through the use of the Interactive Areas or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Generated Content and that such User Generated Content does not infringe any third party’s intellectual property rights or other rights (including without limitation, any privacy rights, publicity rights, copyrights, or any other intellectual property rights).
You understand and agree that you are solely responsible for your User Generated Content and the consequences of uploading, sending or receiving such User Generated Content, through the use of the Games, in any way.
When you upload, post, publish or make available any User Generated Content through the Interactive Areas, You grant to (i) Beach Bum, its affiliates, partners and sublicensees, an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, fully sub-licensable and worldwide license, to use, edit, modify, delete, reproduce, publicly display and make available that User Generated Content in connection with any services on the Games, or otherwise for promotion, marketing and distribution of the Games; and (ii) each User of the Games a non-exclusive and royalty-free license to access your User Generated Content through the Games solely for personal and non-commercial purposes. THE COMPANY SHALL NOT BEAR ANY LIABILITY FOR ANY USE BY ANY THIRD PARTY OF THE USER GENERATED CONTENT.
As a provider of Interactive Areas, Beach Bum is not liable for any statements, representations or content provided by its Users in its Interactive Area.
Any use of the Interactive Areas or other portions of the Games in violation of the foregoing restrictions specified herein, constitutes violation of these Terms and may result, inter alia, in termination or suspension of your rights to use the Games.
BEACH BUM TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER GENERATED CONTENT UPLOAD, POSTED, PUBLISHED AND MADE AVAILABLE BY YOU OR ANY THIRD PARTY THROUGH THE GAMES INCLUDING THROUGH THE INTERACTIVE AREAS, OR FOR ANY LOSS OR DAMAGE THERETO, NOR IS BEACH BUM LIABLE FOR ANY MISTAKES, DEFAMATION, LIBEL, FALSEHOODS, OBSCENITIES OR PORNOGRAPHY YOU OR ANY OTHER THIRD PARTY MAY ENCOUNTER.
Termination of your Account, Changes and Updates to the Games
The Company reserves the right, at its sole discretion, to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Games (or any part thereof), prevent Users from accessing the Games or temporarily or permanently limit, suspend or terminate your Account (including without limitation in the event that the User has not used his/her Account for 365 consecutive days), with or without notice, at any time. In addition, you hereby acknowledge that the Content provided under the Games may be changed, extended in terms of content and form or removed at any time without any notice to you. Note that you can lose your user name and password as a result of the Account termination or limitation, as well as any benefits and Virtual Items associated with your use of the Games and Beach Bum has no obligation to compensate you for such losses or results. You agree that Beach Bum shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Games. You hereby agree that the Company is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
Beach Bum may but is not obligated to supply updates, upgrades and/or any new versions of the Games (“Updates”). In such event, it may include automatic updating or upgrading of the Games with or without any additional notice to you, you consent thereto and the Terms will govern any such Updates unless these are accompanied by a separate license agreement which will prevail, and all references herein to the Games shall include such Updates. Beach Bum may require that you accept Updates. You may need to update third-party software from time to time in order to receive the Games. Beach Bum has no obligation to provide any updates to the Games.
Disclaimer of Warranties
THE GAMES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH NO FAULTS” BASIS AND BEACH BUM MAKES NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER BEACH BUM NOR ANY OF ITS EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “BEACH BUM PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO THE GAMES OR SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO BEACH BUM OR VIA THE GAMES. IN ADDITION, BEACH BUM PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE OR QUIET ENJOYMENT. BEACH BUM PARTIES DO NOT REPRESENT OR WARRANT THAT THE GAMES WILL BE ERROR-FREE, UNINTERRUPTED OR SECURE; OR THAT DEFECTS WILL BE CORRECTED.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE GAMES, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE GAMES, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION DISPLAYED WITHIN THE GAMES.
WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY HARDWARE, SOFTWARE, PLATFORM OR OTHER ITEM OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN BEACH BUM.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
THE DOWNLOAD AND USE OF THE GAMES, ANY IN-APP PURCHASES AND/OR OTHER PURCHASE OF PRODUCTS OR GAMES THROUGH OR IN CONNECTION WITH THE GAMES OR AS A RESULT OF AN ADVERTISEMENT DISPLAYED THROUGH THE GAMES IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE INCLUDING DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT THEREFROM.
YOU AGREE THAT USE OF THE GAMES IS ENTIRELY AT YOUR OWN RISK.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
Limitation of Liability
IN NO EVENT SHALL BEACH BUM BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES WHICH MAY BE INCURRED BY YOU HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, WHETHER OR NOT BEACH BUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SHALL INCLUDE ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, OR ANY LOSS OF DATA SUFFERED BY YOU; ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF THE GAMES, ANY CONTENT, YOUR USE OR INABILITY TO USE OF SUCH; OR ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS.
BEACH BUM’S LIABILITY UNDER, ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED FEES PAID BY YOU TO BEACH BUM IN CONNECTION WITH THE ACTION THAT GAVE RISE TO THE CLAIM, OR FOR USING THE GAME (AS APPLICABLE); OR TO THE EXTENT NO SUCH FEES APPLY, BEACH BUM SHALL HAVE NO LIABILITY WHATSOEVER.
Nothing in these Terms shall exclude or limit Beach Bum’s liability for losses that may not be lawfully excluded or limited by applicable law.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE GAMES OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
You agree to indemnify and hold Beach Bum, and each of its 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 Games; (ii) Your violation of any term of these Terms; (iii) Your violation of any third party right, including without limitation any copyright, intellectual property or privacy right; or (iv) Any claim that a user submissions (including User Generated Content) made by you has caused damage to a third party.
We care for your safety. If you believe a User acted inappropriately including (but not limited to) offensive, violent or sexually inappropriate behavior, please report immediately such person to the appropriate authorities and to us. Beach Bum’s Misconduct Agent can be reached at: .
Beach Bum has the sole discretion to restrict and/or terminate access to the Games to Users who are deemed to have acted inappropriately as specified above.
Beach Bum operates a copyright policy in relation to any content which is alleged to infringe the copyright of a third party. Please report us immediately if you believe your rights have been infringed at: .
We reserve the right to remove any content according to our notice and removal policy. We will terminate user access to the Games if a user has been determined to be a repeat infringer.
Termination of These Terms and the Games Operation
These Terms shall remain in effect until terminated as set forth herein. Your failure to comply herewith shall terminate your license, your Account and these Terms. If you object to any term hereof, as may be amended from time to time, or become dissatisfied with the Games, you may terminate these Terms and your Account at any time by, following the instructions available at our Site, or, as applicable, uninstalling our Games and stopping your use of our Games and this will be you sole remedy in such circumstances. In such circumstance and upon termination of these Terms in the event of your failure to comply herewith: (i) the license and all other rights granted to you hereunder will automatically terminate; and (ii) you must immediately cease all use of the Games, delete and destroy all copies of the Games, as applicable, in your possession or control and so certify to Beach Bum if required by it.
Beach Bum may at any time, at its sole discretion, cease the operation of the Games or any part thereof, temporarily or permanently, delete any information provided through the use of the Games or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, content or features therein without giving prior notice. At such point your license to use the Games or part thereof may be terminated or suspended. You agree that Beach Bum does not assume any responsibility with respect to, or in connection with the termination of the Games operation and loss of any data and shall not be required to provide refunds, benefits or other compensation to Users in connection with such termination of the Games operation.
Export and the Location of the User
The Games may be subject to export control laws. The User agrees that he/she will not transfer, or export the Games into any country, or make available or use the Games in any manner, prohibited by applicable laws.
In addition, the User represents and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) that the User is not listed on any U.S. Government list of prohibited or restricted parties.
By using the Games, you agree that the laws of the State of Israel, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and Beach Bum. Any claim or dispute between you and Beach Bum that arises in whole or in part from your use of the Games shall be decided exclusively by a court of competent jurisdiction located in Tel Aviv – Jaffa, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum nonconvenient with respect to venue and jurisdiction in the courts of Tel Aviv – Jaffa. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, Beach Bum may seek injunctive relief in any court of competent jurisdiction.
You agree that the United Nations Convention Relating to a Uniform Law on the International Sale of Goods shall not apply.
If any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein.
Platform Provider Additional Terms
The following additional terms are required by applicable Platform Providers:
The following applies to you if you downloaded the Games from the Apple App Store (“iTunes-Sourced Software“): You acknowledge and agree that (i) the license granted herein is limited to a non-transferable license to use the iTunes-Sourced Software on an iOS device that you own or control, (ii) these Terms are solely between you and Beach Bum, not Apple Inc. (“Apple“), and that Apple has no responsibility for the iTunes-Sourced Software or content thereof, (iii) your use of the iTunes-Sourced Software must comply with Usage Rules established by Apple, including those set forth in the App Store Terms of Service effective as of the date you enter into these Terms, and (iv) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software.
In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund you the purchase price you paid, if any, for the iTunes-Sourced Software. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Beach Bum as provider of the Games.
Beach Bum and you acknowledge that Beach Bum, and not Apple, is responsible for addressing any claims relating to the iTunes-Sourced Software or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use thereof infringes that third party’s intellectual property rights, Beach Bum, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
Amazon Digital Games Inc.
The following applies to you if you downloaded the Games from the Amazon Appstore for Android and associated software, services and purchases (“Amazon Appstore“) (“Amazon AppStore Sourced Software“):
The Amazon AppStore Sourced Software can be used only on mobile devices that use the Android platform and meet certain other technical requirements which are described on or through Amazon AppStore Sourced Software detail pages.
You may download additional copies of the Amazon AppStore Sourced Software to compatible Android devices that have been linked to the Amazon.com customer account that you used to buy the Amazon AppStore Sourced Software in accordance with Amazon’s rules and policies for the Amazon Appstore.
You acknowledge and agree that Amazon is not a party to these Terms and that it has no responsibility or liability with respect to your use of the Amazon AppStore Sourced Software or any content or functionality in the Amazon AppStore Sourced Software.
Information, Support or Questions:
Beach Bum will make reasonable efforts to provide you with technical and product support for the Games. For information, support or questions, please contact us at: firstname.lastname@example.org.