Last updated: January 20th, 2015

Terms of Service

The following terms of service (the "Terms of Service" or "Agreement") of Big Blue Parrot ("BBP" "Us" or "We") explains the terms by which you may use this application (the “Application”), website, and any other web widgets, feeds, and mobile or web services or applications owned, controlled, or offered by BBP (collectively the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Agreement.

The nature of the Service that BBP provides may change from time to time without prior notice to you. In addition, BBP may cease (permanently or temporarily) providing the Service (or any part thereof) to you or generally to other users with or without prior notice. The Service may include advertisements, which may be tied to the Content (as defined below) or other information provided through the Service. Your use of the Service constitutes your consent that BBP or vendors and service providers may place advertisements through the Service, except if you purchased an "ad-free" version of the Application.

Acceptance of Terms

Your use of the Service is expressly conditioned on your compliance and consent with these Terms of Service. By accessing or using the Service, you are indicating that you agree to be bound by these Terms of Service. BBP reserves the right to amend, discontinue, limit, disable, terminate, or cancel any feature of the Service.

Privacy Policy

BBP respects the privacy of others. Any information that you provide to BBP through the Service is subject to BBP's Privacy Policy which can be found at http://www.bigblueparrot.com/Privacy and is hereby incorporated by reference. We designed BBP's Privacy Policy to make important disclosures about how we collect and use your content and information and how you can use the Service to share such information with others. We encourage you to read our Privacy Policy carefully and use it to make informed decisions.

Your use of the Service constitutes your consent to the collection and use of your personal information, as described in the Privacy Policy.

Changes to the Terms of Service and Privacy Policy

BBP may, in its sole discretion, make changes to these Terms of Service, from time to time with or without notice to you. Each time changes are made to these Terms of Service, a revised version of these Terms of Service, will be posted on this page. You can determine when the Terms of Service were last modified by checking the "Last updated" legend on the top of the Terms of Service. Your continued use of the Service following such changes constitutes your acceptance of any such changes. You can review and are encouraged to check, from time to time, the most current version of these Terms of Service. At all times, the latest version of these Terms of Service shall be binding and prevail over any other version.

Except as otherwise stated, all amended terms shall automatically be effective immediately after they are initially posted. BBP may also revise other policies, codes or rules at any time.

If at any point you do not agree to any portion of the then-current version of our Terms of Service, our Privacy Policy, or any other BBP policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate and you must immediately stop using the Service.

To the extent the Terms of Service or the Privacy Policy conflict with any other BBP terms, policy, rules or codes of conduct, the terms contained in this Agreement and in the Privacy Policy shall govern.

End-User License Agreement

To access the Service, you will need to install the Application to your device (such as tablet computer or Smartphone). You may need to add the Application to your account on a social network site (such as Facebook), which permits BBP to access your account information. Adding the Application gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. Subject to your agreement and continuing compliance with this Agreement and any other relevant BBP policies, BBP grants you a non-exclusive, non-transferable, revocable limited license subject to the restrictions specified in these Terms of Service to access and use the Service using the Application on a supported device solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

You understand that while at times you may “earn” "buy" or "purchase" (a) virtual currency, including but not limited to virtual coins, cash, tokens, chips, chips packages or points, all for use in the Service; or (b) virtual in-game items (together with virtual currency, "Virtual Items"); these real world terms are only being used as shorthand. You do not "own" the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. The purchase of a Virtual Items grants you a limited license to use the Service according to the terms and policies of BBP.

Eligibility

You may not use the Service and may not accept these Terms of Service if (a) you are not of legal age to form a binding contract with BBP, or (b) you are a person barred from using the Service under the laws of the United States or other countries including the country in which you are resident or from which you use the Service. Subject to applicable law, BBP may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13.

User Account

In order to use the Service you must create a user account (the “Account”) which at present is created by using Facebook Connect. However in the future we may require you or allow you to use the Account by selecting a user name (the “User Name”) and a password (the “Password”). You shall provide BBP with accurate, complete, and updated Account information and shall not use the Facebook account of anyone other than yourself. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your Account.

You may not (a) select or use a User Name of another person with the intent to impersonate that person; (b) use a name subject to the rights of any other person without authorization; or (c) use a User Name that BBP, in its sole discretion, deems inappropriate or offensive. BBP reserves its right to refuse registration of, or cancel, a User Name, in its sole discretion.

You may never use another User’s account on the Service without permission. You are solely responsible for the activity that occurs on your Account. You shall notify BBP of any known or suspected unauthorized use of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your Password and personal information. You shall be responsible for maintaining the confidentiality of your Password.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at BBP’s sole discretion, and you may be reported to appropriate law-enforcement agencies.

Rules of Conduct

As a condition of use, you agree to use the Service solely for lawful purposes and not to use the Service for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Service. By way of example, you shall not (and shall not permit any third party to) either (a) take any action or (b) download, upload, submit, post, or otherwise distribute or facilitate distribution of any Content (as defined below) on or through the Service that:
  • is illegal, threatening, abusive, invasive of any person's privacy, harassing, defamatory, libelous, false, deceptive, fraudulent, misleading, untruthful, tortuous, obscene, offensive, pornographic, or otherwise inappropriate, as BBP may determine in its sole discretion;
  • violates any right of publicity, or other right of any person or entity, or any law or contractual obligation;
  • infringes any patent, copyright, trademark or other intellectual property right;
  • constitutes unauthorized or unsolicited advertising, junk or bulk email;
  • contains any harmful or malicious software or computer codes, files or programs that are designed or intended to damage, disrupt, interfere with, or limit, the proper functionality of any software or hardware, or that enables to obtain unauthorized access to any system, data, password or other information of BBP, its users, or any other individual or entity; or
  • impersonates any individual or entity, including, without limitation, employees or representatives of BBP.
  • Use or design or assist to design, cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Service or any BBP game experience.
  • 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 of Service.
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the 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 BBP; or copy, modify or distribute rights or content owned by BBP or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Service.
  • Solicit or attempt to solicit personal information from other users of the Service.

Suspension and Termination of Account and Service

WITHOUT LIMITING ANY OTHER REMEDIES, BBP MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR BBP SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND BBP IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING BBP'S OTHER REMEDIES, BBP MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO BBP'S GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF BBP BELIEVES THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF BBP'STERMS OR POLICIES. ADDITIONALLY, BBP MAY, IN APPROPRIATE CIRCUMSTANCES AND AT ITS SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

BBP reserves the right to stop offering and/or supporting the Service or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. In such event, BBP shall not be required to provide refunds, benefits or other compensation to you in connection with such discontinued elements of the Service.

Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.

You may cancel any Account registered to you at any time by following the instructions at http://www.facebook.com/help/?faq=170585223002660

Proprietary Rights

BBP retains sole and exclusive ownership of all rights, title and interests in the Service and all intellectual property rights relating thereto, including, without limitation, issued patents and pending patent applications with respect to the Service and the technology related thereto. This provision shall survive termination and expiration of this Agreement and shall remain in full force and effect thereafter. Without derogating from any of the provisions herein, you acknowledge and agree that you shall have no ownership or other interest, title or right in an Account, and you further acknowledge and agree that all right in and to and an Account, including all intellectual property rights, are and shall always be the sole property of BBP.

Certain aspects of the Service may allow you to obtain points, data, or other fictional property representing virtual achievements (“BBP Property”). You understand and agree that regardless of terminology used, BBP Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at BBP’s sole discretion. BBP Property is not redeemable for any sum of money or monetary value from BBP at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of BBP on BBP servers, including without limitation any data representing or embodying any or all of your BBP Property. You agree that BBP has the absolute right to manage, regulate, control, modify and/or eliminate BBP Property as it sees fit in its sole discretion, in any general or specific case, and that BBP will have no liability to you based on its exercise of such right. All data on BBP’s servers are subject to deletion, alteration or transfer in accordance with the previous section.

Content

For purpose of these Terms of Service, the term "Content" includes, without limitation, video, audio clips, written comments, information, data, text, photos, software, graphics, in static or interactive feature, provided or otherwise made available through the Service, except user Content.

BBP may not monitor or control Content posted by users of the Service or other individuals or entities (such as advertisers), and cannot be responsible for such Content. Any use or reliance on any Content posted through the Service or obtained by you through the Service is at your own risk.

All rights, title and interest in, to and in connection with the Application are the property of BBP and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. You agree that you have no right or title in or to any Content that appears in the Service, including without limitation the Virtual Items appearing as part of the Service, whether “earned” in a game or “purchased” from BBP, or any other attributes associated with an Account or stored on the Service.

User Content

The Service includes the ability to input information and possibly also make certain comments. By using the our Services, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Service any of the following.
  • User content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, fraudulent or otherwise objectionable (as determined in our reasonable discretion);
  • User content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would any local, state, national or international law;
  • User content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of any party. By posting any content, you represent and warrant that you have the lawful right to distribute and reproduce such content;
  • Private information of any third party including addresses, phone numbers, email addresses, Social Security numbers and similar information; and
  • User Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Public Network or the Service.
We take no responsibility and assume no liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, privacy infringements, obscenity or profanity in such content.

As a provider of the services, we are not liable for any statements, representations, or content provided by users. Although we have no obligation to screen, edit or monitor any of the user content uploaded, we reserve the right, and have absolute discretion, to remove, screen or edit any user content stored through the Service or on our servers at any time in order to remove profanity, labials or otherwise unlawful or hurtful information, without notice. In addition you are solely responsible for creating backup copies of and replacing, any user content you post or store through the Service or on our servers, at your sole cost and expense.

We do not own the user content you post, but in posting user content you grant us a nonexclusive, royalty-free and fully sublicensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such user content on or in connection with the Service to the extent permitted by applicable law.

We may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in Our sole judgment may violate these Terms of Service. We reserve the right to limit the storage capacity of User Content that you post on, through or in connection with the Service.

Paid Services

Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges, posted by the provider for such transaction. BBP may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.

You may cancel your User account at any time; however, there are no refunds for cancellation. As permitted under the terms of this Agreement, BBP has the right at any time for any reason or no reason to suspend or terminate your account, terminate this Agreement, and/or refuse any and all current or future use of the Service without notice, refund, obligation, or liability to you. In the event that BBP suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange from BBP.

Links to Third Parties

The Service may contain links to websites which are not maintained by BBP. Links to third party websites are provided for your convenience and information only. Third party web sites are not under BBP's control and BBP is not responsible for the content or accuracy of those sites or the products or services offered on or through those sites. The inclusion of a link through the Service does not imply BBP’s endorsement of the third party website nor that BBP is affiliated with the third party website's owners or sponsors.

Notice of Copyright Infringement and Abusive Use of the Service

If you believe that your work has been copied in a way that constitutes copyright infringement or otherwise, please provide our copyright agent the written information specified below: (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed upon;(3) a description of where the material that you claim is infringing is located on the Application or the Service; (4) your address, telephone number, and e-mail address; (5) 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; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Gilad Almog.
Adress: Sorek 9, Rosh Haayin, Israel
email: gilad@bigblueparrot.com

Disclosure

Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Service and may be disclosed: (i) when We have a good faith belief that We are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where We believe that the Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when We have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect our rights or property, including to enforce these Terms of Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring, access and disclosure.

Users Disputes

You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. BBP reserves the right, but has no obligation, to become involved in any way with these disputes.

If you have a dispute with one or more users, you release BBP (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data.

Third Party Advertisements

You understand that the Service may feature advertisements from BBP or third parties. BBP's disclosure of information for third party advertising is addressed in BBP's Privacy Policy. However, you may use the "Remove Add" service to avoid any such third party advertisement subject to an additional fee.

Updates to the Service

BBP may require that you accept updates to the Service and you acknowledge and agree that BBP may update the Service with or without notifying you. You may need to update third party software from time to time in order to receive the Service.

Trademarks

Any and all trademarks, service marks, product names, and trade names of BBP appearing on or through the Service are exclusively owned by BBP. All other trademarks, service marks, product names, and logos appearing on or through the Service are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on or through the Service without the owner's prior written consent.

Errors or Delays in Transmission, and Limitations on Service

WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT OR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. We are not responsible for errors or omissions relating to text, information of any kind or other materials that are displayed or made available through the Service. Furthermore, while we attempt to ensure your access and use of the Service is safe, we cannot and do not represent or warrant that the Service is free of viruses or other harmful components.

Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS, AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BBP EXPLICITLY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUALITY OF SERVICE. BBP MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT DATA AND CONTENT OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE OR CURRENT, OR THAT THE SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR ANY OTHER DEVICE USED TO ACCESS THE SERVICE, OR DATA STORED ON SUCH DEVICE, IS SOLELY YOURS.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL BBP (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS), AS WELL AS ITS VENDORS, DISTRIBUTORS, THIRD PARTY LICENSORS, OR EQUIPMENT AND SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOST PROFITS, INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, DEVICE FAILURE, OR MALFUNCTION, OR DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE EVEN IF BBP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL BBP'S CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER ANY LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) FOR ANY LOSS OR DAMAGES EXCEED THE AMOUNT PAID BY YOU TO BBP FOR USE OF THE SERVICE, EVEN IF BBP HAD BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT BBP MAY CHANGE THE SERVICE IN WHOLE OR IN PART IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU WHATSOEVER IN CONNECTION THEREWITH.

Termination

BBP may terminate your access to all or any part of the Service at any time, with or without cause, or with or without notice, effective immediately, such termination may result in the destruction of all information and data associated with your Account. If you wish to terminate your Account, you may do so by sending BBP an email to support@bigblueparrot.com specifying your request and providing BBP with your name and email address. If you terminate your Account, your profile will be removed from the Service, however, deletion may not be immediate and BBP may continue keeping your personal information in its records for billing purposes, audits and other administrative purposes.

Accounts created with BBP shall be considered active until BBP will receive a request to deactivate, delete or remove them. However, BBP reserves the right to terminate and remove any account that has been inactive for 90 days.

Indemnification

You agree to indemnify, defend and hold harmless, BBP, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

Miscellaneous

This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. The Service shall be provided in accordance with, and this Agreement shall be governed by, the laws of the State of New York without giving effect to any principles of conflicts of laws thereof, and the courts in the State of New York shall have exclusive jurisdiction over all disputes between the parties related to this Agreement. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any right or obligation herein without the express written consent of BBP. BBP expressly reserves its right to assign or transfer this Agreement and to delegate any of its obligations hereunder at its sole discretion. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. The failure of BBP to act with respect to a breach of this Agreement by you or others shall not constitute a waiver and shall not limit BBP's rights with respect to such breach or any subsequent breaches.

Copyright © 2015 Big Blue Parrot Ltd., All Rights Reserved

2015 © Big Blue Parrot, Ltd | All Rights Reserved