Querido usuario:
Hemos modificado nuestras CGC y la Declaración de Protección de Datos. Por favor, léelas detenidamente. Si no estás de acuerdo con las nuevas CGC ni con la Declaración de Protección de Datos, puedes revocar los cambios a través de nuestro formulario de contacto en un plazo de 14 días y, naturalmente, hacer uso de los derechos de usuario que a ella se refieren.
¿Tienes preguntas acerca de nuestras CGC o nuestra Declaración de Protección de Datos? Nuestro equipo de soporte está siempre a tu disposición a través de nuestro formulario de contacto (disponible en el aviso legal o en el juego, en el apartado de "Soporte").
Tu equipo de Bigpoint
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Terms of Service EFFECTIVE DATE: DECEMBER 15, 2011 |
These Terms of Service govern your use of the Bigpoint website (the "Site") and each of the Bigpoint games offered on the Site, through a third-party website or on a Social Networking Service (the "Games"). Please read them carefully before creating an account or playing any of the Games.
| 1 | AGREEMENT TO TERMS |
By creating an account on the Site or playing any of the Games on the Site, you agree to these Terms of Service and the Bigpoint Privacy Policy which is incorporated herein by reference. The Bigpoint Privacy Policy contains important disclosures on how we may collect and use your content and information. You should read the Bigpoint Privacy Policy with care, and use it to assist you in making informed decisions. Each time you use the Site or play any of the Games, you reaffirm your acceptance of the then-current Terms of Service. If you do not wish to be bound by these Terms of Service, you may discontinue using the Site or playing the Games. You cannot play any of the Games until you have accepted these Terms of Service. The Site is owned and operated by Bigpoint, Inc. ("Bigpoint"). Bigpoint may change these Terms of Service at any time and in its sole discretion. Bigpoint may also revise other policies, codes or rules at any time. The modified Terms of Service, or any modified policy, code or rules will be effective immediately upon posting and you agree to the new posted Terms of Service by continuing your use of the Site or playing any Game. You are responsible for staying informed of any changes to these Terms of Service. If you do not agree with the modified Terms of Service your license to use the Site and/or Games shall immediately terminate, and your only remedy shall be to discontinue using the Site or the Games. To the extent the Terms of Service or the Bigpoint Privacy Policy conflict with any other Bigpoint policy, terms, rules, or codes of conduct, the terms contained in these Terms of Service and in the Bigpoint Privacy Policy shall govern.
| 2 | GRANT OF A LIMITED LICENSE TO USE THE GAMES |
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant policies posted on the Site (e.g. Board Rules or Chat Rules) Bigpoint grants you a non-exclusive, non-transferable, revocable limited license subject the limitations included in this Terms of Service to access and use the Games for your own non-commercial entertainment purposes. You agree not to use the Games for any other purpose.
| 3 | ELIGIBILITY |
| 3.1 | GENERAL ELIGIBILITY |
To be eligible to play any of the Games, you must be (a) of lawful age, if you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to the Terms, (b) be physically located in a state in which the Game you are playing is not restricted by law, and (c) you must agree to these Terms of Service and the Privacy Policy. By registering to play, you are certifying that you meet these eligibility requirements. Additionally, you may also be required to register an account for certain Games, have a valid account on the Social Networking Site ("SNS") through which you connect to the Game, or have an account with the third-party Game provider who is providing access to the game. If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agreed to these terms.
| 3.2 | ELIGIBILITY FOR RESIDENTS OF THE UNITED STATES |
To be eligible to play any of the Games, you must be (a) a United States resident, (b) physically located within the United States when registering for an account or playing a Game, (c) be physically located in a state in which the Game you are playing is not restricted by law, (d) at least 13 years of age or (if higher) the specified age required to participate in the state in which you are playing a Game, if you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to the Terms, by registering to play, you are certifying that you meet these eligibility requirements, and (e) you must agree to these Terms of Service and the Privacy Policy. Additionally, you may also be required to register an account for certain Games, have a valid account on the social networking site ("SNS") through which you connect to the Game, or have an account with the third-party Game provider who is providing access to the game. Bigpoint may periodically offer skill-based tournaments (the "Tournaments") on the Site in which players can pay a fee in order to purchase virtual items, goods or services for a Game ("the Premium Features"). Notwithstanding the eligibility requirements set forth above, these Tournaments are not open to residents of the following states: Arkansas, Arizona, Connecticut, Florida, Delaware, Indiana, Iowa, Illinois, Louisiana, Maryland, Montana, Nebraska, South Dakota, South Carolina, Tennessee and Vermont. If you attempt to participate in any Tournament offered on the Site while located in one of the prohibited states, you will be in violation of these Terms of Service and your account may be terminated. You specifically acknowledge that it is your responsibility to fully understand and comply with any laws or regulations required to participate in the Tournaments in or from the jurisdiction in which you are playing a Game. Bigpoint reserves the right to request proof that you meet the requirements for play in any Tournament.
| 4 | REGISTRATION |
In order to play any Game, you must first register and create an account. To do so, you must complete the registration form on the Site and acknowledge your agreement to these Terms of Service and the Bigpoint Privacy Policy. You will also be asked to provide a user name and password. By creating an account or by purchasing Premium Features you represent and warrant that all information you submit is complete and accurate. Knowingly submitting incomplete or inaccurate information may result in the termination of your account and forfeiture of any benefit to which you may otherwise be entitled to on the Site or the Games. Upon registration, you will receive a confirmation of your registration via e-mail. Each user agrees to all of the following commitments relating to registering and playing any Game.
- 1) For each Game, unless otherwise permitted, you may establish only one (1) account. Bigpoint reserves the right to monitor any effort to establish multiple accounts for a Game. In the event Bigpoint discovers that you have opened more than one (1) account in violation of these Terms of Service and the respective additional terms and conditions mentioned under Sec. 4.1, Bigpoint may terminate any and/or all of these accounts.
- 2) You shall monitor your account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Games by minors. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal) by minors.
- 3) If you access a Game from an SNS you shall comply with the SNS’s terms of service/use as well as these Terms of Service.
- 4) If Bigpoint disables your account for a Game, you will not create another one for that same Game without our written permission.
- 5) You will not use your account in a Game for commercial gain.
- 6) You shall not use your account or any portion of the Site to engage in any illegal conduct.
- 7) You will not register for any Game if you are a convicted sex offender.
- 8) You will not share your password, let anyone else access your account, or take any other action that might jeopardize the security of your account.
- 9) You are not allowed to sell or in any way transfer your account.
- 10) You shall not have an account, use the Games, or use the Site if you have previously been removed by Bigpoint, or previously been banned from playing any of the Games.
- 11) You agree that Bigpoint has reserved the right to remove or reclaim any username you have selected for your account if Bigpoint believes such action is appropriate.
| 5 | LICENSE LIMITATIONS |
Any use of the Games in violation of these license limitations is strictly prohibited, can result in the immediate revocation of your limited license which has been granted hereunder and may subject you to criminal and/or civil liability.
| 6 | GAMES AND TOURNAMENTS |
6.1 Each Game and each Tournament may be subject to additional terms and conditions which will be disclosed on the Game page or Tournament page. These additional terms and conditions are incorporated herein by reference and playing a Game or participating in a Tournament will be contingent upon acceptance of such additional terms and conditions. Bigpoint does not guarantee that any player in a Tournament will win a prize.
6.2 Bigpoint may, in its sole discretion, and at any time: (a) modify the Games, Tournaments, or features thereof; (b) add additional Games, Tournaments, or features; or (c) remove existing Games, Tournaments, or features. Although Bigpoint sometimes may provide you with notice of changes, Bigpoint reserves the right to make changes without notice.
| 7 | PREMIUM FEATURES, FEES, AND PAYMENTS |
| 7.1 | BASIC VERSION |
The basic version of each Game is free to play and upon creating an account, you may play the basic version of any Game. The basic version of any Game has no time limitations and is fully playable.
| 7.2 | PREMIUM FEATURES |
Some Games have Premium Features which are available only upon payment of a fee. Premium Features may vary from Game to Game. Details on which Premium Features are available for a specific Game, the costs of such Premium Features, payment options, and any other requirements will be listed on the web page of each Game that offers a Premium Feature.
| 7.3 | SUBSCRIPTION / AUTOMATIC RENEWAL |
Some Premium Features may be offered and billed on a recurring basis (for example, a monthly basis). If you subscribe to any Premium Feature that is offered and billed on a recurring basis, your subscription will renew automatically unless you affirmatively cancel your subscription no less than fourteen (14) days before the end of your current billing cycle. Fees for any Premium Feature will be collected from the bank, credit, or debit account you submit until and unless you choose another form of payment or cancel your subscription to such Premium Feature. The name "WWW.BIGPOINT.COM" will appear on your statement.
| 7.4 | ADJUSTMENT OF FEES AND CHANGES TO PREMIUM SERVICES |
Bigpoint may, at any time, modify the fees for Premium Features or introduce new Premium Features or forms of payment. In the event that Bigpoint modifies the fee for any Premium Feature, Bigpoint will provide notice to users six (6) weeks before the change will take place. The modified fee will take effect on the date indicated in the notice unless you elect to cancel your subscription to the Premium Service in accordance with the instructions set forth in the notice. If you cancel your subscription, Bigpoint will issue a reimbursement for the pre-paid fees related to that subscription on a pro-rata basis.
As the Games are developed and improved, Bigpoint reserves the right to discontinue any Premium Features and/or to offer them in the basic version of a Game. If you have paid for Premium Features and cannot make use of these Premium Features, either because they are no longer offered or because they have been offered in the basic version as well, or because the game has been suspended, any such purchases of Premium Features are non-refundable.
| 7.5 | LATE PAYMENT |
You are responsible for paying any fees that Bigpoint may incur as a result of attempting to bill you for any Premium Services to which you have subscribed. In case of late payment, Bigpoint is entitled to (a) collect an interest rate of 5% above the fee for the Premium Feature(s) and (b) discontinue your access to any Games until you have paid. No additional fees will be assessed during the period an account is deactivated. However, Bigpoint may assess a processing fee for deactivating the account, informing you about the deactivation, and for reactivating the account or creating a new account upon full payment. In addition, in case of a chargeback, Bigpoint will impose a service fee of $13.00.
| 7.6 | PAYMENT MOBILE SERVICES |
| (a) | Payment Mobile Services within United States |
You must be at least 13 years of age to use this service. If you are a minor (under 18 years of age in most states), you must also have the consent of your parent or guardian to register for and use the service, as well as the consent from the owner of the mobile phone you use for all message, premium subscription, and data charges that will be billed to the mobile phone.
| (b) | Payment Mobile Services other Countries |
For mobile service payment outside the United States please follow the instructions on the respective payment sites of the Games. To get help, contact http://us.bigpoint.com/support/ .
| 8 | CODE OF CONDUCT |
The following is a partial list of the kinds of conduct that are illegal or prohibited on the Site. Bigpoint reserves the right to investigate and take appropriate legal action against anyone who, in Bigpoint’s sole discretion, engages in any of the prohibited activities. Prohibited activities include — but are not limited to — the following:
- Using the Site for any purpose in violation of local, state, national, or international laws;
- Reproducing, duplicating, copying, selling, reselling, or exploiting for any commercial purposes, any portion of the Site or any Game;
- Sale or other transfer of user accounts (other than on platforms provided by Bigpoint);
- "Hacking," "Cracking," or otherwise attempting to circumvent any copyright protection, access control, or license-enforcement mechanisms associated with or related to the Site or any Game;
- Forging any TCP/IP packet header or any part of the packet header in any e-mail or in any posting using the Site or any Game;
- Use of non-authorized software or scripts;
- Taking advantage of software errors (bugs);
- Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Bigpoint, Inc. or its affiliates in providing the Site or any Game.
- Posting material that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Bigpoint in its sole discretion or pursuant to local community standards. Bigpoint takes no responsibility for monitoring such content or in evaluating it;
- Posting advertisements or solicitations of business;
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
- Allowing any other person or entity to use your identification for posting or viewing comments;
- Posting the same note more than once or "spamming";
- Harassing, threatening, stalking, or abusing any person; or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the sole discretion of Bigpoint, exposes Bigpoint or any of its customers or suppliers to any liability or detriment of any type.
| 9 | TERMINATION OF ACCOUNT |
Bigpoint reserves the right in its sole discretion to disqualify and terminate the account of any individual at any time and for any reason including, but not limited to: (a) violation of these Terms of Service; (b) disrupting the play of any Game or acting in an unsportsmanlike manner; (c) failure to pay fees in a timely manner; or (d) failure to log on to an account for more than four (4) weeks. If you believe your account has been terminated in error contact Bigpoint via http://us.bigpoint.com/support/. Bigpoint reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Game, Premium Feature, Website, or any Bigpoint offering and its related services (in whole or in part) with or without notice. You agree that Bigpoint shall not be liable to you or to any third party for any modification, suspension or discontinuance of a Game, Premium Service, Website or any Bigpoint offering.
| 10 | CANCELLATION OF ACCOUNT |
Many Game pages will offer an option for users to cancel their subscriptions to Games and/or Premium Features. If you want to cancel a subscription for a Game or Premium feature and no such option is specifically offered on a Game page, you may cancel by sending a message to Bigpoint via http://us.bigpoint.com/support/. Please include the name of the Game and/or Premium Feature in the subject line.
| 11 | TECHNICAL REQUIREMENTS |
Technical requirements, instructions, and rules for each Game will be listed on each Game’s page within the Site. Bigpoint does not provide, install, or support any third-party software that may be necessary to run any Game. You are solely responsible for obtaining and installing any third-party software that may be necessary to run any Game. Bigpoint is not liable for damages or loss of data that may be caused by the installation or use of any third-party software.
| 12 | ACKNOWLEDGEMENT OF PROPRIETARY RIGHTS |
By registering for an account, you acknowledge that all information contained on the Site may be protected, in all forms and media, by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that all such rights are owned by Bigpoint. You may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit this information, except that you may download one copy of a Game for your personal, non-commercial home use only, provided you keep all copyright and other proprietary notices intact. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your Bigpoint-ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you. Bigpoint neither warrants nor represents that your use of materials contained on the Site will not infringe rights of third parties. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, including the names of all Games, are registered and unregistered Trademarks of Bigpoint and/or other parties. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Bigpoint or any other Trademark owner. Your misuse of any Trademark displayed on the Site, or any other content on the Site, except as provided in these Terms of Service, is strictly prohibited. Bigpoint will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution, where appropriate. Bigpoint owns, has licensed, or otherwise has rights to use all of the content that appears in the Games or on the Site. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears on the Site or in the Games, including without limitation the virtual goods or currency appearing or originating in any of the Games, whether earned in a game or purchased from Bigpoint, or any other attributes associated with an account or stored for the purpose or playing the Games.
| 13 | SUBMISSIONS BY YOU |
Any communication or material you send to Bigpoint or post on the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, is and will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by Bigpoint for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Bigpoint may, in its sole discretion, remove or edit any content that it deems to be inappropriate, inoffensive, or otherwise in violation of these Terms of Service. Furthermore, Bigpoint is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Bigpoint or post on the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information, without obtaining your permission and without any compensation to you.
| 14 | WARRANTIES |
The Site and the content are provided on an "as is" basis. TO THE FULLEST EXTENT PERMITTED BY LAW, BIGPOINT, ITS LICENSORS, AND ITS SUPPLIERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Bigpoint makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Site. Bigpoint cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Bigpoint cannot and does not guarantee or warrant that files available for downloading from this Site will be free of defects or of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. Bigpoint cannot and does not guarantee or warrant that any content you post on the Site will remain on the Site. Bigpoint does not warrant or guarantee that the functions or services performed on the Site will be uninterrupted or error-free or that defects in the Site will be corrected.
| 15 | LIMITATION OF LIABILITY |
BIGPOINT’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH BIGPOINT IS TO DISCONTINUE YOUR USE OF THE SITE OR ANY GAMES. BIGPOINT AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, AND EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER OR PHONE FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF BIGPOINT HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BIGPOINT’S AND ITS VENDORS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
| 16 | PRIVACY |
Unless otherwise required by law or permitted by you, Bigpoint will collect, process, or use personally identifiable information for the purposes of allowing you to register for the Site, to play Games, to participate in Tournaments, to bill you for services and to contact you with information or promotional material we believe will be of interest. Bigpoint may partner with third party advertisers who may place or recognize a unique cookie on your browser, no personally identifiable information is on, or is connected to, these cookies. Bigpoint reserves the right to collect and share general demographic information and other market information that does not personally identify you without additional consent. Bigpoint, its subsidiaries or affiliates or its marketing partners may send you information about new Games, or other features on the Site. However, you will have the opportunity to opt-out of receiving any commercial e-mail messages. Click here for the Bigpoint Privacy Policy http://bigpoint.com/impressum/#2.
| 17 | COPYRIGHT PROTECTION |
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Bigpoint (as set forth below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number, and e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
| 18 | GOVERNING LAW |
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Service and or your use of the Site resides in the federal or state courts located in the State of California, County of San Francisco, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, your play of any Game or participation in any Tournament shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of California, County of San Francisco. If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any provision in these Terms of Service shall be deemed a further or continuing waiver of such provision or any other provision.
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PRIVACY POLICY EFFECTIVE DATE: DECEMBER 15, 2011 |
This Privacy Policy describes the types of personal and non-personal information we collect on www.bigpoint.com (the "Site") and through the registration and use of games developed and/or published by Bigpoint, Inc. (the "Games"), how we use such information and to whom and under what circumstances we may disclose it. By using the Site and Games, which are operated by Bigpoint Inc. you agree to the collection, use and disclosure of your personally identifiable information as described in this Privacy Policy. In this policy, "Bigpoint" refers to Bigpoint, Inc. and its Affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership. We may also refer to Bigpoint as "We" or "Us". If you do not agree to the terms of this Privacy Policy, please do not use the Site or Games.
If you access our games from a third party Social Networking Service ("SNS"), you may be required to also read and accept the SNS’s Terms of Service and Privacy Policy.
| 1 | COLLECTION OF INFORMATION |
| 1.1 | PERSONAL INFORMATION |
Bigpoint only collects information that personally identifies you ("Personal Information") from you when you: (1) register on the Site; (2) register to use a Game; (3) contact us; (4) order products and services from us; and (5) participate in our surveys or promotional activities. Personal Information may include the following categories of information: Contact Data (such as your name, address, email address); Financial Data (such as your account or credit card information); and Demographic Data (such as zip code and age). If you communicate with us by e-mail, post messages to any of our chat groups, bulletin boards, or forums, or otherwise complete online forms, surveys, or Tournament entries, any information provided in such communication may be collected as Personal Information.
| 1.2 | NON–PERSONAL INFORMATION |
As part of the standard operation of the Site, we may collect certain non-personal information from you, utilizing any legal available means for data collection, including but not limited to your browser type, operating system, IP address and the domain name from which you accessed the Site. In addition, we may collect information about your browsing behavior, such as the date and time you visit the Site, the areas or pages of the Site that you visit, the amount of time you spend viewing the Site, the number of times you return to the Site and other clickstream data. We may combine the non-personal information we collect from you with your personal information. As part of the data collection we may use cookies, Macromedia Flash local data storage, beacons, third party analytics or any other browser based data collection process to collect the non-personal information described above. For example, we may use cookies or Macromedia Flash local data storage to: (1) allow you to use the Site without having to re-enter your user name and password; (2) monitor Site usage; (3) manage the Site; or (4) conduct research to improve our content and services. Third parties that advertise on the Site may also place cookies or utilize other data collection technologies in their advertisements. A cookie is a small file that may be stored on the hard drive of your computer when you access the Site. You are free to decline cookies, but by doing so, you may not be able to use certain features on the Site or take full advantage of all of our offerings. Check the "Help" menu of your browser to learn how to change your cookie preferences. To learn about your preferences with respect to our use of Macromedia Flash local data storage, please visit www.macromedia.com/support/documentation/en/flashplayer/help/help02.html.
| 1.3 | Information Received from an SNS |
When you use a Game provided through an SNS such as Facebook, where our games are also reffered to as "applications," you allow Bigpoint to access certain information from your profile for that site. The information you allow Bigpoint to access varies by Game and the individual SNS platform. Additionally the information allowed is affected by the privacy setting that you have established at the SNS. Information on these settings and how to change them based on your privacy preferences may be found at the SNS where you play our Game. By playing a Game through an SNS you are authorizing Bigpoint, in accordance with the terms of this Privacy Policy, to collect, store, and use any and all information that you agreed the SNS may provide Bigpoint through the SNS Application Programming Interface ("API"). The agreement to this Privacy Policy, the Bigpoint Terms of Service, and any transfer of data from the SNS takes place when you "access" or "allow" (or any similar terms) one of our applications through an SNS.
| 2 | ACCESS TO INFORMATION YOU PROVIDE TO US |
You may access any personal information you provide to us, correct or modify any such personal information, or direct us to make no further use of your personal information. To do so, please send an email with your request to stop.en@bigpoint.com
| 3 | USE OF INFORMATION |
We may use the information we collect from and about you for any of the following purposes: (1) to fulfill your requests for products and services;
(2) to contact you when necessary; (3) to review Site usage and operations; (4) to address problems with the Site, our business or our products and
services; and (5) to protect the security or integrity of the Site and our business. We may also use the information we collect from and about you to
contact you with information and promotional materials and offers from our company, as well as from our subsidiaries, affiliates, marketing partners,
advertisers and other third parties. If you would prefer not to receive such promotional communications, please follow the unsubscribe instructions
within the email you received when setting up your account.
In addition to Personal Information and Non-Personal Information collected, you may choose to share information about yourself through other content
("Content"), such as in games or forums. Any information shared with other players are considered public and at your own discretion.
| 4 | DISCLOSURE OF INFORMATION |
Bigpoint Inc. may disclose information collected from and about you as follows: (1) to our related companies, business partners and service providers to perform a business, professional or technical support function for us or to fulfill your product or service request; (2) as necessary if we believe that there has been a violation of the Site Terms of Use, or our rights, or the rights of any third party; (3) to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law; and (4) in the event that our company or substantially all of its assets are acquired, your personal information may be one of the transferred assets. We may also sell, rent or lease your personal information to our marketing partners, advertisers or other third parties. You may request that we do not share your personal information with third parties, which may prohibit access to certain features and elements of the Site. To do so, please send an email, with "Disclosure Opt-Out" in the subject line, to stop.en@bigpoint.com. We may provide your information to third party companies to perform services on our behalf, including payment processing, data analysis, email deliver, customer support, and various marketing activities. Any third party service provider is required to maintain the confidentiality of the information disclosed to them and to maintain at least the same level of privacy protection as provided by us. Notwithstanding anything else herein, we may partner with third party advertisers who may (themselves or through their partners) place or recognize a unique cookie on your browser. These cookies enable more customized ads, content or services to be provided to you. To trigger these cookies, we may pass an encrypted or "hashed" (non-human readable) identifier corresponding to your email address to a Web advertising partner, who may place a cookie on your computer. No personally identifiable information is on, or is connected to, these cookies. To opt-out of these cookies, please go to http://www.privacychoice.org/choose ." You expressly acknowledge that Bigpoint has no liability regarding any data collection process engaged by a third party while you are utilizing a Bigpoint service or while on a Bigpoint website. If you play a Game at a third-party SNS, Bigpoint will be able to access and store information about you as described herein. The categories of information you share will depend, in part, on the privacy settings you have established at the SNS where you access the application. The SNS may allow you to control how you share information with a third-party application (for example, a Bigpoint game as an application on the SNS website) through your privacy settings on the SNS. Bigpoint does not control the privacy settings made available through the SNS to the users of the SNS. Bigpoint refers you to the SNS’ privacy policy posted on the SNS’ site to determine what options are available regarding privacy settings on the SNS.
| 5 | HOW TO ACCESS AND MODIFY YOUR INFORMATION |
| 5.1 | INFORMATION RECEIVED FROM AN SNS WHERE YOU PLAY OUR GAMES |
To manage the information Bigpoint receives about you from the SNS where you play the Game, you will need to follow the instructions at that SNS for updating and changing you account privacy settings. Once Bigpoint receives your information from an SNS, that information is stored and used in accordance with this Privacy Policy.
| 5.2 | OTHER METHODS FOR THE MANAGEMENT OF YOUR INFORMATION |
- If you wish to have your information and account deactivated, you may send an e-mail to support@bigpoint.net with "Account Information Deactivation" in the subject line. In the e-mail include your account name / UserID in the body of the e-mail. Please note that the deactivation will not affect the storage or retention of any information that is needed for legal, accounting or cannot be removed in the ordinary technological maintenance of an account. Any content you have posted or sent in a Game or on a Bigpoint forum or other similar Bigpoint service may not be able to be deleted.
- Your California Privacy Rights
If you are a resident of California, you may request that we not share your personal information with third parties for their own marketing purposes. To do so, please send an email, with "California Opt-Out" in the subject line, to stop.en@bigpoint.com. - If you have questions regarding this Privacy Policy, please contact us at privacy@bigpoint.net
| 6 | SECURITY |
We have taken certain physical, electronic, contractual, and managerial steps to safeguard and secure the information we collect from Site visitors.
| 7 | CHILDREN |
We do not direct the Site to, nor do we knowingly collect or solicit any personal information from, children under the age of thirteen or knowingly allow such persons to register. If you are under thirteen, please do not attempt to register for the Site or send any information to us. In the event that we learn that we have collected personal information from a child under age thirteen we will delete that information as quickly as possible. If you know or have reason to believe that we might have collected any information from or about a child under thirteen, please contact us at privacy@bigpoint.net.
Minors over the age of thirteen are recommended to ask their parents for permission before sending any information about themselves over the internet.
| 8 | US-EU and US-SWITZERLAND SAFE HARBOR |
Bigpoint may transfer information to or receive information from our Affiliates (which shall mean subsidiaries, parent companies, joint ventures and
other corporate entities under common ownership) for our legitimate business purposes. We may store information about site visitors and players on
servers and equipment located in the United States and other countries. Personal data collected within Switzerland and the European Union ("EU") may
be transferred to, and stored at, a location outside of Switzerland and the EU. The data collected may be processed by employees operating outside of
Switzerland and the EU who work for Bigpoint, one of our Affiliates, or one of our vendors. By submitting your personal data, use of the Bigpoint site
or playing Bigpoint games, you agree to this transfer, storing or processing.
Bigpoint Inc. complies with the Safe Harbor framework as set forth by the Department of Commerce regarding the collection, use, and retention of online
user data from Switzerland and the EU. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with
this privacy policy. If you have reported data privacy concerns to Bigpoint and do not feel that they have been adequately addressed, you may contact
legal-us@bigpoint.net.
| 9 | THIRD PARTY WEBSITES |
The Site may contain links to third-party websites, which may have privacy policies that differ from our own. We are not responsible for the activities and practices that take place on these sites. Accordingly, we recommend that you review the privacy policy posted on any site that you may access through the Site.
| 10 | CHANGE TO THIS PRIVACY POLICY |
We reserve the right to change this privacy policy from time to time. When we do, we will post the change(s) on our website. If we change the policy in a material way, we will provide appropriate online notice to you.
| 11 | CONTACT US |
If you have questions or concerns about this Privacy Policy, contact us at privacy@bigpoint.net. If you have reported data privacy concerns and do not feel they have been adequately addressed, you may contact legal-us@bigpoint.net.
| SAFE HARBOR POLICY |
Bigpoint Inc. provides online games that are true download free entertainment worlds..
Information can be processed on an organization's own computers or on computers
hosted by Bigpoint GmbH, Germany. In the latter case, Bigpoint GmbH is an Application
Service Provider (ASP).
Bigpoint Inc. respects individual privacy and values the confidence of their customers,
employees, business partners and others. Bigpoint Inc. prides itself on upholding the
highest ethical standards in its business practices. Bigpoint Inc. shall not knowingly allow
the property of a Customer to be used for any purpose other than the Customer's
processing, shall keep such Customer Proprietary Information confidential, and shall not
disclose any such Customer Proprietary Information for any other purpose unless
instructions are received in writing from an officer of the Customer. To help ensure and
protect the confidentiality of a Customer's business and to prevent unauthorized persons
from gaining access to a Customer's records, Bigpoint Inc. shall adhere to best practice
security procedures.
As an ASP, Bigpoint Inc. has certain responsibilities for protecting the privacy of a
Customer's information including any personal information being maintained in an
Customer's files. Each Customer, as the collector and user of that information, has primary
responsibility for the privacy of that information. The Safe Harbor Privacy Policy (the
"Policy") sets forth the privacy principles that Bigpoint Inc. follows with respect to personal
information transferred from the European Union (EU) to the United States.
| SAFE HARBOR |
The United States Department of Commerce and the European Commission have agreed on a set of data protection principles and frequently asked questions (the "Safe Harbor Principles") to enable U.S. companies to satisfy the requirement under European Union law that adequate protection be given to personal information transferred from the EU to the United States. The EEA also has recognized the U.S. Safe Harbor as providing adequate data protection (OJ L 45, 15.2.2001, p.47). Consistent with its commitment to protect personal privacy, Bigpoint Inc. adheres to the Safe Harbor Principles.
| DEFINITIONS |
For purposes of this Policy, the following definitions shall apply:
"Personal information" means any information or set of information that identifies or is
used by or on behalf of a Company to identify an individual. Personal information does not
include information that is encoded or anonymyzed, or publicly available information that
has not been combined with non-public personal information.
"Sensitive personal information" means personal information that reveals race, ethnic
origin, sexual orientation, political opinions, religious or philosophical beliefs, or trade union
membership, or that concerns an individual's health. In addition, Bigpoint Inc. will treat as
sensitive personal information any information received from a third party where that third
party treats and identifies the information as sensitive.
| PRIVACY PRINCIPLES |
The privacy principles in this Policy are based on the Safe Harbor Principles.
NOTICE: Where Bigpoint Inc. collects personal information directly from individuals in the
EU, it will inform them about the type of personal information collected, the purposes for
which it collects and uses the personal information, and the types of non-agent third
parties to which Bigpoint Inc. discloses or may disclose that information, and the choices
and means, if any, Bigpoint Inc. offers individuals for limiting the use and disclosure of their
personal information. Notice will be provided in clear and conspicuous language when
individuals are first asked to provide personal information to Bigpoint Inc., or as soon as
practicable thereafter, and in any event before Bigpoint Inc. uses or discloses the
information for a purpose other than that for which it was originally collected.
Where Bigpoint Inc. receives personal information from their subsidiaries, affiliates or other
entities in the EU, they will use and disclose such information in accordance with the
notices provided by such entities and the choices made by the individuals to whom such
personal information relates.
CHOICE: Bigpoint Inc. will offer individuals the opportunity to choose (opt-out) whether
their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used
for a purpose other than the purpose for which it was originally collected or subsequently
authorized by the individual.
For sensitive personal information, Bigpoint Inc. will give individuals the opportunity to
affirmatively and explicitly (opt-in) consent to the disclosure of the information to a nonagent
third party or the use of the information for a purpose other than the purpose for
which it was originally collected or subsequently authorized by the individual.
Bigpoint Inc. will provide individuals with reasonable mechanisms to exercise their choices.
DATA INTEGRITY: Bigpoint Inc. will use personal information only in ways that are
compatible with the purposes for which it was collected or subsequently authorized by the
individual. Bigpoint Inc. will take reasonable steps to ensure that personal information is
relevant to its intended use, accurate, complete, and current.
TRANSFERS TO AGENTS: Bigpoint Inc. will obtain assurances from their agents that
they will safeguard personal information consistently with this Policy. Examples of
appropriate assurances that may be provided by agents include: a contract obligating the
agent to provide at least the same level of protection as is required by the relevant Safe
Harbor Principles, being subject to EU Directive 95/46/EC (the EU Data Protection
Directive), Safe Harbor certification by the agent, or being subject to another European
Commission adequacy finding. Where Bigpoint Inc. becomes aware that an agent is using
or disclosing personal information in a manner contrary to this Policy, Bigpoint Inc. will take
reasonable steps to prevent or stop the use or disclosure.
ACCESS AND CORRECTION: Upon request, Bigpoint Inc. will grant individuals
reasonable access to personal information that it holds about them. In addition, Bigpoint
Inc. will take reasonable steps to permit individuals to correct, amend, or delete
information that is demonstrated to be inaccurate or incomplete.
SECURITY: Bigpoint Inc. will take reasonable precautions to protect personal information
in its possession from loss, misuse and unauthorized access, disclosure, alteration and
destruction.
ENFORCEMENT: Bigpoint Inc. will conduct compliance audits of its relevant privacy
practices to verify adherence to this Policy. Employees will be properly trained to adhere to
these principles. Any employee that Bigpoint Inc. determines is in violation of this policy
will be subject to disciplinary action up to and including termination of employment.
Bigpoint Inc. is subject to the laws and regulations of the Federal Trade Commission.
DISPUTE RESOLUTION: Any questions or concerns regarding the use or disclosure of
personal information should be directed to the Bigpoint Inc. Privacy Office at the address
given below. Bigpoint Inc. will investigate and attempt to resolve complaints and disputes
regarding use and disclosure of personal information in accordance with the principles
contained in this Policy.
| LIMITATION ON APPLICATION OF PRINCIPLES |
Adherence by Bigpoint Inc. to these Safe Harbor Principles may be limited (a) to the extent required to respond to a legal or ethical obligation; and (b) to the extent expressly permitted by an applicable law, rule or regulation.
| CONTACT INFORMATION |
Questions or comments regarding this Policy should be submitted to the following person
by mail as follows:
Bigpoint Inc.
75 Broad Street, 21 Floor
New York 10004
Phone: 646 - 405 1037
Fax: 646 – 405 1027
| CHANGES TO THIS SAFE HARBOR PRIVACY POLICY |
This Policy may be amended from time to time, consistent wit the requirements of the Safe
Harbor Principles. A notice will be posted on the Bigpoint Inc. web page.
www.bigpoint.com
This policy can be viewed on the Bigpoint Inc. web page.
EFFECTIVE DATE: June 16, 2008
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