TERMS OF USE

Last update: June 1st 2015

 

I. Introduction and Agreement to these Terms of Service

Welcome and thanks for your interest in the products and services of Oh BiBi. By accessing and playing any games created by Oh BiBi (the “Games”), you acknowledge that you have read, understood, and agree to the most recent version of these Terms of Service (“Terms”).
Oh BiBi reserves the right to revise these Terms at any time. If we do, we will post the modified Terms on this page and indicate the date of most the recent change above. You agree to read all notifications we send you and to periodically check this page for updates to these Terms.

 

Before accessing or using the Service, including browsing any Oh BiBi website or accessing a game, you must agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an “Account”). By registering for an Account or otherwise using the Service, you represent that you are age 13 or older and you understand and agree to these Terms of Service. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms. If you access the Service from a Social Networking Site (“SNS”), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Service.

 

During the Account creation process, you might be required to select a username or password (“Login Information”). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Oh BiBi and modify your Login Information.

 

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.


Since the Games exist on the iTunes, Google Play, Windows Phone Store, Amazon Appstore for Android and Facebook platforms (the « Platforms »), any activities on these Platforms beyond the scope of the Games are governed by the Platforms’ Statement of Rights and Responsibilities.

 

You can find iTunes’ Statement of Rights here: http://www.apple.com/legal/internet-services/itunes/

You can find Google Play’s Statement of Rights here: https://play.google.com/intl/en_us/about/play-terms.html

You can find Windows Phone Store’s Statement of Rights here: http://www.windowsphone.com/en-us/store/terms-of-service

You can find Amazon Appstore for Android’s Statement of Rights here: https://www.amazon.com/gp/help/customer/display.html?nodeId=201485660

You can find Facebook’s Statement of Rights here: http://www.facebook.com/terms-of-use.

 

 

II. License to Play

Subject to compliance with these Terms, Oh BiBi is granting you a non-exclusive, non-transferable, revocable limited license to access the Games for your own non-commercial entertainment purposes only. You agree not to use the Games for any other purpose. If you violate any of these Terms, we reserve the right to terminate your license without notice.

You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.

Oh BiBi reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.

The Service supports only one Account per game on a supported device.

 

 

III. In-Game Currencies and Goods

The Games may include virtual, in-game currency (“Virtual Currency”), such as coins, gems, or points, that may be purchased with “real world” money or tailored interactions with a third-party service. Virtual Currency may be used to purchase virtual, in-game digital items (“Virtual Goods”). Please note that Oh BiBi does not handle the transactions of any Virtual Currency. Third party payments provider handles all Virtual Currency transactions. By purchasing Virtual Currency in the Games, you are bound by third party payments providers’ Terms of Use.
In addition to any third party obligations, it the following shall apply. In no way can Virtual Currency or Virtual Goods be redeemed for “real world” money, goods, or other items of monetary value from any party. Transfers of Virtual Currency or Virtual Goods outside of the Games are strictly prohibited. This means you may not buy or sell Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for value outside of the Games.
You also agree that all sales of Virtual Currency and Virtual Goods are final. No refunds will be given by our third party payments providers or Oh BiBi. Other than a limited, revocable, non-transferable license to use the Virtual Currency or Virtual Goods in the Games, you have no right in or title to such Virtual Currency and Virtual Goods. In the event that your account is terminated or suspended for any reason, in Oh BiBi's sole and absolute discretion, or if Oh BiBi discontinues its Games, you forfeit any and all Virtual Currency and Goods. Oh BiBi has the absolute right to manage, regulate, control, modify, and/or eliminate Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and Oh BiBi shall have no liability to you or anyone for the exercise of such rights.

 

IV. Rights to Content

“Content” means all software, communications, images, sounds, and material perceived or made available from the Games. It also includes any feedback, comments, or suggestions that you provide to Oh BiBi regarding the Games. Unless otherwise specified in writing, all Content is owned, controlled, or licensed by Oh BiBi. All Content is copyrighted under French copyright laws and/or similar laws of other jurisdictions, protecting it from unauthorized use. Oh BiBi, its logos, and the Games’ names are trademarks of Oh BiBi and may not be used without Oh BiBi's express written permission.
You agree that all Content, including but not limited to all accounts, characters created, Virtual Currency, and Virtual Goods acquired and developed during the course of the Games, are the sole and exclusive property of Oh BiBi. Oh BiBi may use all Content for any purpose, including for commercial or promotional use without restriction or compensation to you. You agree not to copy, redistribute, publish or otherwise exploit any Content in violation of the intellectual property rights of Oh BiBi or any other third party.
If you are deemed to have retained any right, title, or interest to any portion of the Content, you agree to and hereby assign solely and exclusively to Oh BiBi all of your right, title, and interest in and to such Content, without additional consideration, under all applicable laws, in perpetuity. If such assignment is ineffective under applicable law, you hereby grant to Oh BiBi the sole and exclusive, irrevocable, sublicensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display, use, and practice such Content, and to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in such Content.
Oh BiBi representatives may monitor certain Content in the Games, but cannot monitor or prescreen all of the Content and do not attempt to do so. We have the right, but not the obligation, to edit, refuse to post, or remove any Content posted in the Games that are deemed objectionable or violate these Terms or the spirit of these Terms, in our sole discretion and determination. If you encounter something you find objectionable and in violation of these Terms, you can bring it to our attention by contacting us. We do not assume any responsibility or liability for Content that is generated by users of the Games. You bear the entire risk of the completeness, accuracy or usefulness of Content found in the Games.
You acknowledge and agree that Oh BiBi may use built-in tracking features to obtain information regarding your use of the Games, and agree that such information is deemed to be Content for all purposes under these Terms.

 

V. User Code of Conduct

Your use of the Games is governed by certain rules (the “Code of Conduct”), maintained and enforced by Oh BiBi. It is your responsibility to know, understand and abide by this Code of Conduct. The following rules are not meant to be exhaustive, and Oh BiBi  reserves the right to determine which conduct it considers to be outside the spirit of the Games and to take such disciplinary measures as it sees fit up to and including termination and deletion of the user’s account. The Code of Conduct governs all aspects of your interaction with the Games, including but not limited to selecting your user name, posting messages in the chat, interacting with other users, and otherwise accessing the Games.
If Oh BiBi  finds in its sole and exclusive discretion that you have violated the Code of Conduct, we can change or remove the violating item and/or suspend or terminate your access to and use of the Games.
You agree that your use of and conduct in the Games shall be lawful and you will not:

  • transmit or post any content or language which, in Oh BiBi ’s sole and absolute discretion, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;

  • communicate or post any user’s personal information, including but not limited to another user’s address, phone number, e-mail address, or credit card number, in the Games without the use’s express written consent, except that a user may communicate his or her own personal information;

  • violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity;

  • make improper use of Oh BiBi ’s support services or submit false reports of abuse or misconduct;

  • use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Games or any Oh BiBi  game experience or without Oh BiBi ’s express written consent, modify or cause to be modified any files that are a part of the Service or any Oh BiBi  game.

  • disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any Oh BiBi  game environment.

  • institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.

  • attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Oh BiBi , including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.

  • copy or adapt the Games’ software including but not limited to C#, Python, PHP, HTML, JavaScript, or other code;

  • reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that Oh BiBi  created to generate web pages or any software or other products or processes accessible through the Games;

  • participate in any action that, in Oh BiBi ’s sole and absolute opinion, results or may result in an authorized user of the Games being defrauded out of Virtual Currency or Virtual goods that the user has earned through authorized game play in the Games;

  • sell the Games or any part thereof including but not limited to Virtual Goods or Virtual Currency, user accounts and access to them in exchange for real currency or items of monetary value; or

  • engage in cheating or any other activity deemed by Oh BiBi  to be in conflict with the spirit or intent of the Games.

 

Again, please be aware that any activities on the Platforms beyond the scope of the Games are governed by the Platforms’ Statement of Rights and Responsibilities.

, which you can access here: 

 

You can find iTunes’ Statement of Rights here: http://www.apple.com/legal/internet-services/itunes/

You can find Google Play’s Statement of Rights here: https://play.google.com/intl/en_us/about/play-terms.html

You can find Windows Phone Store’s Statement of Rights here: http://www.windowsphone.com/en-us/store/terms-of-service

You can find Amazon Appstore for Android’s Statement of Rights here: https://www.amazon.com/gp/help/customer/display.html?nodeId=201485660

You can find Facebook’s Statement of Rights here: http://www.facebook.com/terms-of-use.

 

 

 

VI. Minors

By accessing and using the Games, you represent and warrant that you are at least 13 years old. If you are a minor over the age of 13, we recommend you seek consent from a parent or legal guardian before accessing the Games.

 

VII. Termination

We reserve the right to terminate or suspend your account or access to any or all of the Games at any time and for any reason. It is within our sole discretion and determination to terminate your account for what we deem to be a violation or reach of these Terms. In the event that we terminate or suspend your account, you will have no further access to your account or anything associated to it. As stated above, you will not be entitled to a refund of any Virtual Currency or Virtual Goods acquired or developed during the Games.

 

WITHOUT LIMITING ANY OTHER REMEDIES, OH BIBI  MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO OH BIBI  SERVICES OR PORTIONS THEREOF IF YOU ARE, OR OH BIBI  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 OH BIBI  IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

 

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR 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 WE BELIEVE 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 OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

 

OH BIBI  RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

 

Oh BiBi  reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Oh BiBi  shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. 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 terminate your Account at any time and for any reason by informing Oh BiBi  that you wish to terminate your Account.

 

 

VIII. Privacy

 

Oh BiBi  respects and protects the privacy of the users of its Games. By accessing the Games, you acknowledge and incorporate the Privacy Policy into these Terms. Please refer to Oh BiBi's Privacy Policy here.