Terms of Service

Last updated on Jan 11 2022

Effective May 25 2018

1 About

1.1 The below terms apply to your download, use, and/or of Big Blue Bubble Inc. (“BBB”, “Company”, “we”, “us”, or “our”) games, whether on your computer, on your mobile device, on a website, on a console, PC, or platform, including Facebook(each a “Game” and collectively, “Games”). The outlined terms will also apply to any of our other services (referred throughout these terms “Services” is used to describe both our Games and these other services) that we may provide in relation to the Games. These services include, but are not limited to: customer support, social media, community channels, and other websites that we may operate from time to time (i.e. www.mysingingmonsters.com). The outlined terms are a legal agreement and contain important information about your rights and obligations with respect to to our Services.

1.2 If you do not agree to the outlined terms or any future updated version of them then you must immediately cease all use and/or access of any and all of our Services and additionally no longer access these Services. If changes are made to these terms that requires any action from you to accept the updated terms, then you will not be able to continue use of our Services until taking such action.

1.3 These terms can be viewed in many places including the app store or platform that you download our Games from (this may include but is not limited to: the Apple App Store, Google Play Store, Amazon App Store, Samsung Store, and/or STEAM), on any website or platform where you can play our Games (i.e. www.facebook.com or store.steampowered.com), and on our website at www.bigbluebubble.com (referred to throughout as the “Website”). You agree that by accessing and/or using our Services, you are agreeing to the outlined terms and our Privacy Policy (see paragraph 10 below).

1.4 The latest version of these terms can be viewed at any time at www.bigbluebubble.com/termsofservice. We can make changes to these terms at any time in accordance with paragraph 14 below. Your continued use of our Services after the terms have been updated shall confirm your acceptance of the updated terms.

2 Intellectual Property

2.1 You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to our Services is owned by or licensed to/by us.

2.2 While you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence 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 that you will not use our Services for anything else. These terms also apply to any update or patches which we may release or make available for any of the Services and any such update or patch shall be deemed to be a part of the Services for the purposes of these terms.

2.3 You acknowledge and agree that, other than license granted to you by these terms, you shall have no ownership or property interest in any of our Services, including without limitation online accounts, any Virtual Currency or Virtual Commodities. You must not copy, distribute, make available to the public, or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing.

2.4 In particular, and without limiting the application of paragraph 2.3, you must not make use or available any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any Virtual Currency and/or Virtual Commodities, whether on a free of charge basis or otherwise.

2.5 By submitting Content (as defined in paragraph 5.3) via our Services you:

- - are representing that you are fully entitled to do so;
  - grant us the right to edit, adapt, publish, and use your entry and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you;
  - acknowledge that you may have what are known as “moral rights” in the Content, for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment. You agree to waive any such moral rights you may have in the Content; and
  - agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us, but you do give us the right to enforce your rights in that Content if we want to.

3 Accounts

3.1 When using our Services you may choose to create an account with us. If you do create an account with us, you agree that you shall take all steps necessary to protect your login details and keep them secret.

3.2 You agree that you shall not give or share your login details with anyone else or allow anyone else to use your login details or account.

3.3 In these terms, references to “login details” or “account” include your login details and account for any social network or platform that you may connect and allow our Services to interact with.

3.4 We will be entitled to assume that anyone logging into your account using your login details is either you or someone logging in with your permission. If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.

3.5 We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and/or using our Services and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.

3.6 If no activity is conducted by you for an extended period of time in relation to the account, we reserve the right to delete your account. In such event, you may no longer be able to access and/or use any Virtual Currency and/or Virtual Commodities (as defined below) associated with that account and no refund will be offered to you in relation to the same.

3.7 You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, your progress through our Games and/or the level or score you have reached in our Games, and any Virtual Currency or Virtual Commodities associated with your account).

3.8 You acknowledge and agree that you shall have no ownership or other property interest in any account that you create using any of our Services. We may suspend, terminate, modify, or delete any of these accounts at any time for any reason or no reason, with or without notice to you.

3.9 You are the only person who should access your account, it is personal to you and you are not entitled to transfer your account to any other person.

3.10 You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Services.

4 Virtual Commodities and Virtual Currency

4.1 Our Games may include virtual currencies (i.e. Diamonds and Coins) (“Virtual Currency”), items or services for use with our Games (“Virtual Commodities”) these Virtual Commodities can be both consumable (i.e. Food, Boosters) or durable (i.e. Decorations). You agree that once purchased Virtual Currency and/or Virtual Commodities have no monetary value and can never be exchanged for real money, real goods, or real services from us or anyone else. You agree that Virtual Currency and/or Virtual Commodities are in no way transferable to anyone else and you will not transfer or attempt to transfer any Virtual Currency and/or Virtual Commodities to anyone else.

4.2 You do not own Virtual Commodities and/or Virtual Currency but instead you purchase a limited personal revocable licence to use them – any balance of Virtual Commodities and/or Virtual Currency does not reflect any stored value.

4.3 You agree that all sales by us to you of Virtual Currency and/or Virtual Commodities are final and that we will not refund any transaction once it has been made. Subject to this paragraph, paragraph 4.3, a “purchase” is said to be complete at the time our servers validate your purchase and the applicable Virtual Commodities and/or Virtual Currency are successfully credited to your account on our servers.

4.4 If you do not connect your game play on a device to an account that is linked to either your social network account or a BBB Account, we will not be able to restore any Virtual Currency or other data associated with your Game play to a different device. This includes if you lose that device or it is damaged. Accordingly, on a device which is not connected in this way:

- - any risk of loss of Virtual Currency which you purchase from us is transferred to you upon completion of the purchase as described in paragraph 4.3 above;
  - any risk of loss of Virtual Currency that you receive from us without making a purchase is transferred to you at the time the Virtual Currency is successfully credited to your account on our servers; and
  - any risk of loss of other data associated with your Game play (including, without limitation, your progress through the Game, or the level or score you have reached in our Games) is transferred to you immediately at the time which that Game play data is created by you.

4.5 The data associated with Virtual Commodities, whether purchased by you using Virtual Currency or otherwise credited or awarded to you may be stored on our server or locally on your device, depending on the game. In the case of being stored locally on your device these Virtual Currencies and Virtual Commodities may not be synced between different devices if not connected to an account that is linked to either your social network account or BBB Account. Accordingly, any risk of loss of this data is transferred to you upon completion of the purchase as described in paragraph 4.3 above at the time the Virtual Commodities are credited or awarded to you.

4.6 We reserve the right to control, regulate, change, or remove any Virtual Currency and/or Virtual Commodities without any liability to you at any time.

4.7 We may at any time revise the pricing for Virtual Commodities and/or Virtual Currency offered through the Services. We may limit the total amount of Virtual Commodities or Virtual Currency that may be purchased at any one time, and/or limit the total amount of Virtual Currency or Virtual Commodities that may be held in your account in the aggregate. You are only allowed to obtain Virtual Currency and Virtual Commodities from us or our authorized partners through the Services, and not in any other way.

4.8 Depending on your platform, any Virtual Commodities or Virtual Currency purchased are purchased from your platform provider and such purchase will be subject to its terms of service and user agreement. Usage rights for each purchase may differ from item to item. If you are unsure about usage rights you should check with your platform before making a purchase. Unless otherwise shown, content available in any in-game store has the same age rating as the game.

4.9 Without limiting paragraphs 3.7, 4.4 or 7.1 if we suspend or terminate your account in accordance with these terms you may lose any Virtual Currency and/or Virtual Commodities that you may have and we will not compensate you for this loss or make any refund to you.

5 User Conduct and Content

5.1 You must comply with the laws that apply to you in the location that you access our Services from. If any of these applicable laws restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.

5.2 You promise that all the information you provide to us on accessing and/or using our Services is and shall remain true, accurate, and complete at all times.

5.3 Information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services by you or another user (“Content”). You understand and agree that all Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services.

5.4 You agree not to upload, communicate, transmit, or otherwise make available any Content:

- - that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libellous, obscene, or otherwise objectionable;
  - that is or could reasonably be viewed as invasive of another’s privacy;
  - that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred;
  - which you do not have a right to make available lawfully (i.e. inside information, information which belongs to someone else or confidential information);
  - that infringes upon the intellectual property rights of Big Blue Bubble or any other third party;
  - which consists of any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, and/or any other form of solicitation; or
  - which contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

5.5 You agree that you will not:

- - use our Services to harm anyone or to cause offence to or harass any person;
  - create more than one account per platform to access our Services;
  - use another person or entity’s email address in order to sign up to use our Services;
  - use our Services for fraudulent or abusive purposes (i.e. by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services);
  - disguise, anonymise, or hide your IP address or the source of any Content that you may upload;
  - use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
  - remove or amend any proprietary notices or other ownership information from our Games or any other part of our Services;
  - interfere with or disrupt our Services or servers or networks that provide our Services;
  - attempt to decompile, reverse engineer, disassemble, or ‘hack’ any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed, or stored by us;
  - ‘harvest’, ‘scrape’, or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to ‘pixel tags’, cookies, graphics interchange formats (‘gifs’), or similar items that are sometimes also referred to as ‘spyware’ or ‘pcms’;
  - sell, transfer, or try to sell or transfer an account with us or any part of an account, Virtual Currency, and/or Virtual Commodities;
  - disrupt the normal flow of a Game or otherwise act in a manner that is likely to negatively affect other players’ ability to compete fairly when playing our Games or engaging in real time exchanges;
  - disobey any requirements or regulations of any network connected to our Services;
  - use our Services in violation of any applicable law or regulation;
  - use our Services to cheat or design or assist in cheating (i.e. using automated means or third party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms; or
  - use our Services in any other way not permitted by these terms.
  - misuse of the “Report User” feature, including the submission of false reports

If you believe that someone may be in violation of these specific terms, please contact us here: https://bigbluebubble.ladesk.com/.

5.6 You are responsible for your interactions with all other users of our Services, if found to be in violation of the outlined terms your account may be locked and/or deleted.

6 Playing our Games with others

6.1 Some of our Games allow you to play against an opponent or to play socially with other users. You may be able to:

- - choose to play against another user or to play socially with another user whom Big Blue Bubble selects for you, or
  - play against, or play socially with, one of your contacts on a platform or social network which you have allowed our Games to interact with. Some of our Games may also allow you to search for your friends in order to find them to play against or play socially with. We may also display the display names of your past opponents so that you can easily find them to play again.

6.2 Where Big Blue Bubble selects another user for you, we may either select at random or use such criteria as we see fit to select your opponent (for example, your past scores, your country, or the level you have reached in the Game or your other gameplay activity).

6.3 By accessing and/or playing our Games you agree that your display name, scores, avatar, country location, online/offline status, and other related details may be displayed in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you, including (without limitation) to other users in our games or within our marketing. You also understand and agree that other users may find you if you have connected your social network account and have connected to them on said social network. Please note that we will only show your display name publicly, and not your email address.

7 Breach of Terms

7.1 Without limiting any other remedies or any other paragraph of these terms, if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches), we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you:

- - delete, suspend, and/or modify your account or parts of your account;
  - otherwise suspend and/or terminate your access to our Services;
  - modify and/or remove any Virtual Currency or Virtual Commodities that may be associated with your account;
  - reset and/or modify any game progression or benefits and privileges associated with your account, such as any level or score you have reached in our Games.

Without limitation, any breaches of paragraphs 4.1, 4.8, 5.4 or 5.5 are likely to be considered material breaches.

7.2 You agree to compensate us, according to law, for all losses, harm, claims, and expenses that may arise from any breach of these terms by you.

8 Service Availability

8.1 We do not guarantee that any of our Services will be available or error-free at all times or at any given time. We will provide our Services in accordance with any legally required standards. In particular, in relation only to any Virtual Currency and/or Virtual Commodities or any other part of our Services which have been paid-for with real money, we warrant that they will substantially comply with the description provided by it at the point of purchase and be of satisfactory quality (in addition any related services provided through them will be provided with reasonable care and skill). We may change and update our Services in whole or in part without notice to you (provided always that any such changes do not result in material degradation in the functionality of any part of the Services which has been paid-for with real money). We make no warranty or representation regarding the availability of the Services which are provided free of charge (i.e. not paid-for with real money) and we reserve the right to modify or discontinue them in our sole discretion without notice to you, including for example, for economic reasons due to a limited number of users continuing to make use of them over time, for technical reasons (i.e. technical difficulties experienced by us or on the internet) or to allow us to improve user experience. We are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. If such circumstances result in material degradation in the functionality of the Services then any obligation you may have to make any payment to download, use or access them will be suspended for the duration of such period. We are entitled to modify or discontinue the Services or any part of them which are paid-for with real money in our sole discretion upon reasonable notice to you.

9 Limitation of Liability

We shall not be liable for special, incidental, or consequential damages resulting from possession, user, or malfunction of the Games or any of our other Services, including damages to property, damages for personal injuries, even if we have been advised of the possibility of these damages. In no event shall our liability exceed the actual price paid by you (if any) for the license to use Virtual Currency and/or Virtual Commodities and/or any other part of our Games or Services. Some jurisdictions do not allow limitations on how long an implied warranty lasts and/or the exclusions may not apply to you. This warranty gives you specific legal rights, and you may have other rights which vary from jurisdiction to jurisdiction.

10 Privacy

10.1 The data controller for all personally identifiable information or personal data that we collect about you through or in relation to our Games or other Services is Big Blue Bubble Inc. Big Blue Bubble Inc. has a Data Protection Officer who may be reached at dataprotectionofficer@bigbluebubble.com.

10.2 Big Blue Bubble collects, processes, uses, and shares your personal information in accordance with our Privacy Policy and as set out in these terms. If you do not agree to our Privacy Policy, you should not download or access our Games or otherwise access and/or use our Services.

10.3 This paragraph, paragraph 10, shall not affect the provisions of paragraphs 17 which shall take precedence over this paragraph 10.

11 Links

11.1 We may link to third party websites or services from our Services. You understand that we make no promises regarding any content, goods, or services provided by such third parties and we do not endorse the same. We are also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and our own Privacy Policy does not apply in relation to that data.

12 Transferring these Terms of Service

12.1 We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. 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 Entire agreement

13.1 These terms set out the entire agreement between you and us concerning our Services (as defined in paragraph 1) and they replace all earlier agreements and understandings between you and us.

14 Changes to these Terms of Service

14.1 You can find these terms at any time by visiting www.bigbluebubble.com/termsofservice/.

14.2 We reserve the right to update these terms from time to time by posting the updated version at that address. We may do so for a number of reasons including without limitation because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using our Services.

15 Severability

15.1 If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, 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 valid and enforceable. If it is not possible to interpret an invalid or unenforceable part of these terms in a manner consistent with applicable law, then that part shall be deemed deleted from these terms without affecting the remaining provisions of these terms.

16 Waivers of our Rights

16.1 Our failure to exercise or enforce 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 Complaints and dispute resolution

17.1 Most concerns can be solved quickly by contacting us at: https://bigbluebubble.ladesk.com/.

17.2 In the unlikely event that we cannot solve your concern and you wish to bring legal action against us these terms shall be governed by and construed in accordance with the laws of Ontario.

18 Jurisdiction and Applicable Law

Our Games and other Services are made available subject to these terms. This section explains which laws apply to these terms.

18.1 The Games and Services are made accessible, operated, and controlled from Big Blue Bubble, Inc. in Ontario, Canada. They can be accessed from various countries of the world. The laws of Ontario shall govern the interpretation of these terms and apply to claims for breach of it, without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and claims in negligence and tort, will be subject to the laws of the country in which you are resident. If there is a dispute between us regarding these Terms of Use, then that dispute will be subject to the jurisdiction of the courts of Superior Court of Ontario Canada unless the law in your country of residence allows you to choose the courts of that country for the dispute in question.

19 Questions about these Terms of Service

19.1 If you have any questions about the terms outlined here or our Services, feel free to contact us by email at privacy@bigbluebubble.com.