4eGenus d.o.o., Vojkovo nabrežje 23, 6000 Koper, Republika Slovenija
1. About these terms
1.2 You agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed these terms and agrees with them and is happy for you to use and/or access our Services.
1.3 You can access these terms at any time at the web address www.backbirdgame.com. We can make changes to these terms at any time accordingly to paragraph 14 below and with your continued use of our Services you confirm your acceptance of the updated terms.
2.1 The specific game rules, scoring rules, guidelines and controls for each Game can be found within the Game itself. Such rules, scoring rules, guidelines and controls form part of these terms and you agree that you shall comply with them in respect of each individual Game which you choose to play and/or access.
2.2 You are responsible for the mobile and/or internet connection charges that you could incur for using and/or accessing our Services. You should ask your internet service provider or your mobile operator if you are not sure what these charges will be, before you use and/or access our Services.
2.3 We have the right to withdraw or modify one or more of our Games or any other part of our Services (in part or in whole) without liability to you from time to time:
- to allow us to increase user experience;
- for technical reasons (such as technical difficulties experienced on the internet or by us);
- because it no longer makes business sense for us to provide the relevant Game or Service;
- where we have legal reasons for doing so (including privacy or other legal objections to the conduct or content of our Services or Games); or
- because we have modified the services we provide.
2.4 Our Services or any part of our Services may not be available for maintenance or technical related reasons, whether on a scheduled or unscheduled basis from time to time.
2.5 Paying for items on our Website
The charge for any individual item you are able to purchase through our Website shall be as stated on our Website at the time of your placing of the order, except in the case of obvious error. The charge is inclusive of all other charges (such as sales taxes). Additional charges could be issued by your bank (depending on which bank you use) and we have no control over this and accept no liability in relation to this. If you are unsure whether you will be subject to these additional charges then you should check with your bank before making any purchases through our Website. We accept payment via our payment processing partners by credit card, debit card, and Paypal only. You understand that our payment processing partners could have their own terms and conditions and you should ensure you are in agreement with these prior to making any payment. Your purchase will not be fulfilled in case that your transaction with our payment processing partners is unsuccessful. After you successfully complete a payment transaction then your purchase will be fulfilled to you as soon as possible – we will aim to fulfill your order directly at the point of purchase.
3.1 You agree that you shall take all steps that are necessary to protect your log in details and keep them secret. You agree that you shall not allow anyone else to use your log in details or account or give your log in details to anyone else. In these terms, references to »account« or »log in details« include your account and log in details for any social network or platform that you could allow our Services to interact with.
3.2 If you share your login details or account with someone else (whether intentionally or unintentionally), or if you fail to keep your login details secret, you accept full responsibility for the consequences of this (including any un-authorized purchases) and agree to fully compensate us for any harm or losses that could result.
3.3 We will not be responsible to you for any loss that you suffer as a result of an un-authorized person using our Services and/or accessing your account and we accept no responsibility for any harm or losses resulting from its un-authorized use, whether fraudulently or otherwise.
3.4 We reserve the right to delete your account if you do not conduct any activity in relation to the account for 180 days or more. In such event, you could no longer be able to use and/or access any Virtual Goods and/or Virtual Money (as defined below) associated with that account and we will not offer you any refunds in relation to this.
3.5 You understand that if we delete your account in accordance with these terms, or if you delete your account, you could lose access to any data previously related to your account (including, without limitation, the score or level you have reached in our Games and any Virtual Goods or any Virtual Money related to your account).
4.1 Our Games could include items or services for use with our Games (»Virtual Goods«) or virtual currencies such as gold coins, Go points and gems (»Virtual Money«). You can buy Virtual Money from us for real money if you are at least 18 years old. If you are over 18 years old you can also buy Virtual Goods for real money and/or other credits. You agree that Virtual Goods and Virtual Money can never be exchanged for real money, real goods or real services from us or anyone else. You also agree that you will only obtain Virtual Money and/or Virtual Goods from us, and not from any third party.
4.2 You do not own Virtual Goods or Virtual Money but instead you purchase a limited personal revocable license to use them – any balance of Virtual Money or Virtual Goods does not reflect any stored value.
4.3 You agree that all sales by us to you of Virtual Goods and Virtual Money are final and that we will not refund any transaction once it has been made. If you live in the European Union you have certain rights to withdraw from distance purchases; however, when you purchase a license to use Virtual Money or Virtual Goods from us, please note that the performance of our services begins instantly once your purchase is complete and therefore your right of withdrawal is lost at this point.
4.4 If you live in the European Union, we will provide you with a VAT invoice where we are required to do so by law or where requested by you. You agree that these invoices could be in electronic format.
4.5 We reserve the right to control, change, regulate or remove any Virtual Goods or Virtual Money without any liability to you.
4.6 Without limiting paragraph 3.5, if we terminate or suspend your account in accordance with paragraph 7 of these terms you will lose any Virtual Goods and Virtual Money that you could have and we will not make any refund to you or compensate you for this loss.
5.1 You must comply with the laws applicable to you in the location that you access our Services from. If any laws applicable to you prohibit or restrict you from using our Services, you must comply with those legal restrictions or, if applicable, stop using and/or accessing our Services.
5.2 You promise that all the information you provide to us on using and/or accessing our Services is and shall remain true, complete and accurate at all times.
5.3 Information, data, software, photographs, sound, video, graphics, tags, or other materials could be uploaded, sent, transmitted, communicated, or otherwise made available via our Services by you or another user (»Content«). You understand and agree that all Content that you could be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the individual who sent the Content. This means that you, not us, are entirely responsible for all Content that you could communicate, upload, transmit or otherwise make available via our Services.
5.4 You agree not to communicate, upload, transmit or otherwise make available any Content:
- that is or could reasonably be understood as harmful, harassing, unlawful, libelous, defamatory, obscene or otherwise objectionable;
- that is or could reasonably be understood as invasive of another's privacy;
- that is likely to, or could reasonably be understood as likely to incite racial or ethnic hatred or violence;
- which you do not have a right to make available lawfully (such as information which belongs to someone else or confidential information or inside information);
- which infringes any intellectual property right or other proprietary right of others;
- which consists of any un-authorized or unsolicited advertising, promotional materials, »spam«, »chain letters«, »junk mail«, »pyramid schemes« or any other form of solicitation; or
- which contains software viruses or any other computer code, programs or files designed to interrupt, limit or destroy the functionality of any computer hardware or software or telecommunications equipment.
5.5 You agree that you will not:
- use our Services to harass any person or to harm anyone or to cause offence;
- create more than one account for each platform to access our Services;
- use another person's or entity's email address to sign up to use our Services;
- use our Services for abusive or fraudulent purposes (including, without limitation, by using our Services to impersonate any entity or person, or otherwise misrepresent your affiliation with a entity, person or our Services);
- disguise, hide, or anonymize your IP address or the source of any Content that you may upload;
- use our Services for any business or commercial purpose or to send unsolicited communications or for the benefit of any third party;
- amend or remove any proprietary notices or other ownership information from our Games or any part of our Services;
- disrupt or interfere with our Services or networks or servers that provide our Services;
- attempt to disassemble, decompile, hack or reverse engineer any of our Services, or to overcome or defeat any of our security measures or encryption technologies or data transmitted, stored or processed by us;
- »scrape«, »harvest« or collect any information about or regarding other people that use our Services, including, but not limited to any personal information or data (including by uploading anything that collects information including but not limited to graphics interchange formats (»gifs«), »pixel tags' cookies or similar items that are sometimes also referred to as »pcms« (passive collection mechanisms) or »spyware«;
- transfer, sell or try to sell or to transfer an account with us or any part of an account including any Virtual Goods or Virtual Money;
- disturb the normal flow of a Game or otherwise act in a way that is likely to negatively affect other players' ability to compete fairly when engaging in real time exchanges or when playing our Games;
- disobey any regulations or requirements of any network connected to our Services;
- use our Services in violation of any applicable regulation or law;
- use our Services to design or cheat or assist in cheating (for example, by using third party software or automated means to play), or to otherwise bypass technological measures designed to control elements of or access to, our Services, or to do anything else that a reasonable person is likely to believe is not within these terms or the spirit of fair play; or
- use our Services in any other way not permitted by these terms. If you are concerned that someone else is not complying with any part of these terms, please contact us at: firstname.lastname@example.org.
5.6 We do not control Content posted on our Services by other people and consequently we do not guarantee the integrity, accuracy or quality of that Content. You understand that when using our Services, you could be exposed to Content that you may find indecent, offensive or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any omissions or errors in any Content, or any harm or losses of any kind resulting from the use of any Content transmitted, posted, emailed or otherwise made available via our Services.
5.7 We have the right to remove uploaded Content from our Services if we decide in our sole discretion that it results from or in a breach of any part of these terms, or that it could bring us or our Services into disrepute. However, you acknowledge that we do not necessarily actively monitor Content that is contributed by people that use our Services or play our Games and we make no undertaking to do so.
5.8 You are solely responsible for your interactions with other users of our Games and Services.
6.1 Some of our Games allow you to play against an opponent or to play socially with other users. You could be able to (i) choose to play against another user or to play socially with another user whom 4eGenus selects for you, or (ii) play against, or play socially with, one of your contacts on a social network or platform which you have allowed our Games to interact with. Some of our Games may also allow you to search for your friends (for example, by email address) in order to find them to play against or play socially with. We could also display the display names of your past opponents so that you can find them to play again easily.
6.2 Where 4eGenus selects another user for you, we could select at random or use criteria we see fit to select your opponent (such as your location, your past scores, or level you have reached in the Game).
6.3 By playing and/or accessing those of our Games which allow you to play against an opponent or to play socially with others, you agree that your scores, display name, and other related details are displayed to other users. In addition, you understand and agree that other users may find you by searching for your email address. We will only show your display name publically and not your email address. Another user must already know your email address in order to search for you.
7.1 If we reasonably believe that you are in material breach of these terms (including by repeated minor breaches) we reserve the right to terminate or suspend your access to our Services (including by deleting your account). Any breaches of paragraphs 5.4 or 5.5 (without limitation) are likely to be considered material breaches.
7.2 You agree to compensate us, according to law, for all harm, losses, expenses and claims that could arise from any breach of these terms by you.
8.1 We accept liability for death or personal injury resulting from our negligence or that of our employees or agents, and for losses or harm caused by fraud by us or our agents, or any other liability which could not be excluded by law.
8.2 For any harm or losses (other than those mentioned in paragraph 8.1), in any period of twelve months, we will only be responsible for harm or losses which are a reasonably foreseeable consequence of our negligence or breach of these terms and conditions up to the value of the amount that you have paid to us in the period of 100 days ending on the date of your claim. Harm and losses are foreseeable where they could be contemplated by you and us at the time of you agreeing to these terms and conditions.
8.3 We are not responsible for:
- harm or losses not caused by our breach of these terms or negligence; or
- harm or losses which are not reasonably foreseeable by us and you at the time of you agreeing to these terms and conditions including those losses which happen as a side effect of foreseeable losses. This could include loss of opportunity, loss of data, service interruption, financial loss, computer or other device failure;
- any increase in damage or loss resulting from breach by you of any of these terms and conditions; or
- technical failures or the lack of availability of our Games, website and/or social media channels where these are not within our reasonable control.
8.4 We will provide our Services with the same care and skill as other similar games or website providers, but you acknowledge that your only right with respect to any dissatisfaction or problems with any of our Services is to discontinue your use of our Services and we are not liable or responsible for any errors or interruptions that you could experience while accessing our Services.
8.5 Additional legal rights which you could have as a consumer, if any, remain unaffected by these terms.
9.1 You acknowledge that all trademarks, copyright and other intellectual property rights relating to and in our Services (other than Content which is contributed and owned by players) is licensed to or owned by us.
9.2 Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, revocable, personal, limited license to access and/or use our Services (but not any related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use our Services for anything else.
9.3 You must not distribute, copy, make available publicly or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing.
9.4 In particular, and without limiting the application of paragraph 9.3, you must not make available any technological measures or cheats designed to control access to, or elements of, our Services, including providing access to any Virtual Goods and/or Virtual Money, whether on a free of charge basis or otherwise.
9.5 By submitting Content (as defined in paragraph 5.3) through our Services you:
- are representing that you are fully entitled to do so;
- grant us and our group companies the right to adapt, edit, use and publish your entry and any derivative works we may create from it, in any and all media (if it exists now or in the future), in perpetuity, for any purpose, without any payment to you;
- acknowledge that you could have what are known as »moral rights« in the Content, for example the right not to have work subjected to derogatory treatment and the right to be named as the creator of your entry. You agree to waive any such moral rights you may have in the Content; and
- agree that we have no obligation to protect or monitor your rights in any Content that you may submit to us, but you give us the right to enforce your rights in that Content if we want to, including but not limited to taking legal action at our cost on your behalf.
9.6 You must not distribute, copy, make available to the public or create any derivative work from any Content belonging to any other user of our Services. If you believe that your intellectual property rights have been breached by someone else on the internet, you could contact us by emailing the following information to email@example.com:
- a description of the intellectual property rights and an explanation how they have been breached;
- a description of the location of the breaching material;
- your address, email address and phone number;
- a statement by you, made under penalty of perjury, that (i) you have a good-faith belief that the disputed use of material in which you own intellectual property rights is not authorized, and (ii) the information that you are providing is correct, accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly breached; and
- an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that has allegedly been breached.
10.1 We are registered with the data protection authority in Republic of Slovenia.
10.3 Any personal information that could be collected by us could also be subject to the policy of any social network that you could agree to link our Services to. If you play our Games and you agree to allow their interaction with a social network you are giving us permission to use your personal information such as your email address and any other personal information which that social network shares with us that will allow us to personally identify you. You are also giving us permission to help your contacts on that social network find you so that you can play socially. This is intended to make our Games more enjoyable for you and others that play our Games on that social network. If you do not agree the practices mentioned you should not allow our Games to interact with your social network.
12.1 We may wish to transfer all or a part of our responsibilities or rights under these terms to someone else without obtaining your agreement. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.
13.1 These terms set out the entire agreement between you and us in relation to our Services (as defined in paragraph 1) and they replace all earlier understandings and agreements between you and us.
14.1 You can find these terms at any time at the website www.backbirdgame.com. We reserve the right to update these terms from time to time by posting the updated version at that web address. We could do so because the needs of our business have changed, or because we change the nature of our services or products, or for legal or technical reasons. You agree that if you do not accept any amendment to our terms then you shall promptly stop using and/or accessing our Services.
15.1 If any part of these terms is held to be unenforceable or invalid by an applicable court or under any applicable local laws, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain enforceable and valid.
16.1 Our failure to enforce or exercise any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
17.1 Most concerns can be solved quickly by contacting us by email at firstname.lastname@example.org. In the unlikely event that your concern cannot be solved by us and you wish to bring legal action against us these terms shall be construed and governed by in accordance with the laws of the Republic of Slovenia.
18.1 If you have any questions regarding these terms or our Services you could contact us by email at email@example.com.
18.2 These terms were last updated on 16 June 2016.
4eGenus d.o.o., Vojkovo nabrežje 23, 6000 Koper, Republika Slovenija
2.1 We are a company called 4eGenus d.o.o., Vojkovo nabrežje 23, 6000 Koper registered in Slovenia with registration number 200009/33534 and VAT number SI67937608.
3.1 We could collect and process the following data about you:
- information that you provide us with when you create an account with us or when you fill in forms when using and/or accessing our Services;
- details of your use of our Services and the resources that you access (for example, information about when and how you visit our Website or play our Games, what device you use to access our Services or, details regarding profile visits, as set out in paragraph 6, below);
- we could keep a record of the correspondence with you, if you contact us or respond to our messages and communications that we send to you;
- your interactions with us on our social media channels like Twitter, Facebook, YouTube etc.;
- we may obtain information about you from third parties who hold data about you and who agree to share this data with us; and
- information we collect through cookies and other similar technologies (as explained further below).
Cookies & Advertising
- to allow us to recognize you and your device, for example by identifying your IP address;
- to allow our Services to interact with a third party platform or social network (where you have chosen to allow such interaction);
- to allow our payment processors to process your payment instructions;
- to enable us and third parties to provide you with more customized services, for example to enable the provision of more relevant advertising to you or to provide our services in the correct language; and
Advertisers on mobile devices sometimes use advertising identifiers (or ad identifiers) to enable and optimize their advertising. Ad identifiers are non-personal, non-permanent, device identifiers such as the Apple's ID for advertising, or IDFA. When we advertise our Services on mobile devices, we could use your device's advertising identifier and other information associated with it, to improve and measure the effectiveness of ad campaigns and to help us to deliver ads that relate to your interests. By changing the settings of your device you can choose to prevent your device's ad identifier being used for interest based advertising or you can reset your device's ad identifier. Settings vary from device to device. For example, if you are using an Apple device with iOS 7 or later you can find the ad identifier settings under Settings>Privacy>Advertising.
When you purchase Services on our website(s), we may collect certain payment information from you on behalf of our payment service providers, but this information is temporarily cached in a way that is unreadable by 4eGenus. When you purchase items via our apps (such as those you can purchase in the Apple App Store) we do not store or collect any payment information from you.
4.1 You agree that we or a supplier or a group company acting on our behalf and only under our instructions may use your Personal Information for the purposes of:
- contacting you, for example to send you updates about our Services or as part of our customer support;
- managing your relationship with us and your account and improving your experience when you use our Services;
- improving our Services, for example by providing Services updates or by helping us fix bugs;
- research, engaging with you, and surveying, for example by sending you communications (including communications we send you by email) for these purposes;
- promotion and marketing of our Services or related products, for example sending you communications (including communications we send you by email) for these purposes on our behalf (or on a third party's behalf). For example, we might send you information regarding merchandise relating to our Services. If you do not want us to use your data in such a way please let us know by contacting us at the email address firstname.lastname@example.org;
- to personalize and optimize our Services, promotional content and advertising to you. For example, we could use the information we collect through ad identifiers, cookies and similar technologies to show you ads you may have an interest in. If you do not want us to use your data in such a way, you can pull out by following the steps at section 3 above;
- to create analyses, reports or similar services for use by us for the purposes of business intelligence or research, for example to track potential trends or problems with our Services;
- preventing cheating, fraud or crime. We may also need to pass your information to fraud prevention agencies and other organizations involved in fraud and crime prevention;
- if you live in the European Union, for the purpose of providing VAT invoices where requested by you or where we are required to do so by law; and
5.1 We will only share your data with third parties (for example, our suppliers or group companies):
- as reasonably necessary in order to provide the Services to you (for example, to communicate with you or by providing your Personal Information to suppliers we could use to fulfil the Services);
- where it is necessary to execute your instructions (for example, in order to process a payment instruction we must provide your Personal Information to our payment processors);
- where your data is on an aggregated and anonymous basis, meaning you could not be personally identified from it;
- when you submit information that is part of a competition or otherwise interact with our social media channels (for example, when you provide a testimonial about one of our Services) we could publish the information you submitted (including your name and home country) on our social media channels and website(s);
- as we reasonably believe is permitted by regulation or law;
- in order to comply with any legal obligation, or in order to apply or enforce our terms and conditions and/or any other agreement with you; or to protect the property, rights, or safety of 4eGenus d.o.o., our users, or others;
6.1 You could allow our Services to interact with third party platforms or social networks (such as Apple's Game Center or Facebook), which will provide data about you to us. These websites or applications are created and maintained by a third party which is not a part of, or controlled by 4eGenus d.o.o.. You should ensure that you read their terms of service and privacy policies in order to understand how they treat your data and what data they might share with us.
You understand that where you allow our Services to interact with any third party platform or social network, we could share data about you with your contacts and other users of our Services (and vice versa) so you could enjoy playing socially (the »Social Data«). This Social Data could include your name, your activity status (including the date and time you last used our Services), your social media profile picture, and your progress and/or scores in our games.
You can make changes to what data a third party platform or social network shares with us, or stop our Services interacting with that platform or social network by adjusting your settings with that third party provider, but in this case you could find you are not able to enjoy all of the same features of our Services.
4eGenus d.o.o. Profile
Users of our Services could be automatically assigned a profile that is visible to other users of our Services, some of whom could be visible to you on the leaderboards, progression map, or similar features in our Games. Your profile could include game achievements, the Social Data described above, or other game play details and information of which other account holders have viewed your profile. Other users of our Services will be able to view your profile. In certain of our Services, if you choose to view another individual's profile, that individual and other users of our Services will know that you have visited their profile because some of your Social Data and a link to your profile will be displayed on that individual's profile. They may also be able to visit your profile.
9.1 It is very important to us that your Personal Information is secure. We maintain appropriate physical and technical safeguards to protect your Personal Information against unlawful or accidental loss or destruction, un-authorized disclosure or access, use, alteration, and all other unlawful forms of processing of the data that is possessed by us. However, since the internet is not a completely secure environment we cannot guarantee that information you transmit through our Games will not be disclosed, accessed, destroyed or altered by breach of any of our safeguards.
11.1 You have the right to request from us a copy of the information that we hold about you. If you would like a copy of some or all of your Personal Information, please contact us at the email address email@example.com – we may make a small charge for this.
We want to make sure that your Personal Information is up to date and accurate. You could ask us to correct, modify, or remove information by contacting us at the email address above.
Information that you have shared via our Services on any social network or third party platform cannot be altered or deleted by us where it is in the control of that social network or third party platform. In addition, where any third party copies information which you have made available via the use of our Services (for example, you allow one of your friends on a social network to interact with your account), we could not be able to alter or delete it because it could not be in our control.
You have the right to ask us not to use your Personal Information for marketing purposes. To change your marketing preferences, or to unsubscribe, please contact us at the email address firstname.lastname@example.org.
12.1 To find out more on how your Personal Information will be used please contact us by email at the address above.
13.1 We hope that you will not have any complaints about us or our Services. If you are unhappy with our use of your Personal Information, please contact our customer services department by emailing email@example.com. If there is a problem, you also have the right to complain to your local data protection authority.