License to Use Services
You understand and agree that Bounce may discontinue, and has no obligation to continue providing, any aspect of the Services, or all of the Services in their entirety, at any time in its discretion. We may change, add to, or delete the Services we offer, in whole or in part, for any reason at any time in our sole discretion.
To use the Services, you acknowledge and agree that you may be required to (i) have a valid Account (as defined below) to access any features of the Services available only through creation of an Account), (ii) download and install certain Software that allows you to use the Services, (iii) have an Internet connection or access to a wireless network (which Bounce does not provide and which may impact your ability to access the Services from time to time for reasons outside of Bounce’s control), and (iv) download and install certain software provided by third parties not affiliated with Bounce (“Third Party Software”) (which may not work on your computer or other device, and which may impact your ability to access the Services for reasons outside of Bounce’s control) and enter into a separate agreement with the third party for access to and use of such Third Party Software.
Promotional Material and Advertising
The Services may sometimes contain links to third-party Web sites (“Linked Sites”). The appearance of Linked Sites on the Services does not constitute endorsement by Bounce, its subsidiaries or affiliates of the opinions or views expressed by these Linked Sites. Bounce does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in the Linked Sites, nor is Bounce responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by any Linked Sites. Neither Bounce nor any of its affiliates will be responsible for any errors or omissions or for the results obtained from use of such information contained in the Linked Sites. If Linked Sites collect personal information or postings from end users, Bounce does not assume or have any responsibility or liability for the manner in which such information or postings are exploited, or for any claims, damages, or losses resulting from their use and/or appearance on the Linked Sites. Under no circumstances will Bounce be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within the Linked Sites.
Bounce welcomes links to this site and other Sites. You may establish a link to the Sites, provided that the link does not state or imply any sponsorship or endorsement of your Web site by Bounce, its affiliates, or any group or individual affiliated with Bounce. You may not use on your Web site any logos, trademarks, service marks, or other copyrighted materials appearing on the Sites, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another Web site, or otherwise create a dynamic HTML page using, any of the content or other materials on the Sites without Bounce’s prior written consent.
Copyrights and Copyright Agent
Bounce respects the rights of all copyright holders. Accordingly, Bounce has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders on multiple occasions. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Bounce’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, (“DMCA”) 17 U.S.C. 512:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification and location of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single Site are covered by a single notification, a representative list of such works at that Site and their locations; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Bounce to locate the material; (4) Information reasonably sufficient to permit Bounce to contact the complaining party; (5) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the DMCA please contact:
Bounce Media, LLC
ATTN: Privacy Coordinator
2870 Peachtree Road #334
Atlanta, Georgia 30305
email: [email protected]
Upon proper receipt of this information from you that substantially complies with all of the requirements above, we will investigate your claim and respond expeditiously. If we determine that the material cited by you constitutes a copyright infringement, we will remove, or “take down” the infringing material. At that point, we will notify the individual who uploaded the alleged infringing material, as required by statute, and allow them the opportunity to take advantage of the “counter-notice” and “put-back” provisions of the DMCA. IN THE EVENT THAT WE DETERMINE THAT YOU HAVE REPEATEDLY UPLOADED OR OTHERWISE POSTED MATERIAL THAT INFRINGES THE COPYRIGHTS OF OTHERS, WE ARE REQUIRED BY FEDERAL STATUTE TO TERMINATE YOUR ACCESS TO THE SITES.
Please do not contact Bounce’s DMCA Copyright Agent for inquiries other than those relating to alleged copyright infringement.
For the purposes of updating, patching or otherwise modifying the Software, you hereby grant Bounce permission to (a) extract hardware system profile data from your computer or game platform; (b) extract information from your computer’s or game platform’s file directories pertaining to the Software and your ability to access the Services; and (c) download applicable Software, game content and game files to your computer and game platforms that are used to access the applicable Services.
As part of the Services we provide, you may be able to register for an account (“Account”) and to access certain Services through your Account by means of an Internet connection or a wireless network (neither of which Bounce provides). You agree to provide true, accurate, current and complete information about yourself as prompted by our registration processes. You agree not to impersonate any person or entity or misrepresent your identity, including using another person’s username, password or other account information. You are responsible for all hardware, software, service and other costs you incur to access your Account. You are solely responsible for providing your own Internet or wireless access, any telecommunication charges or other charges which you incur through access and use of the Services, including without limitation any premium charges and surcharges due to bandwidth consumption, and any taxes payable by you in connection with such access and use. Accounts are available only to individual, natural persons who are adults or, in the discretion of such an adult, his or her minor child.
You agree that you will not share your Account with anyone or allow anyone else personally to access or use your Account, other than you and, if you are a minor, your parent(s) or guardian(s) who have rights to access and manage your Account. Selling or renting access to another person to your Account for the purpose of allowing them access to the Services is prohibited. You are responsible and liable for all activities conducted through your Account, regardless of who conducts those activities. If you are a parent or guardian, you may permit your child to use the Account instead of you, provided that parents and guardians are liable for the activities of their child.
Upon registration for an Account, you must create a password (“Password”). You must not disclose your Password to any third party or allow anyone to use your Password to access the Services or your Account. You are responsible for maintaining the confidentiality of your Password and for any damage or harm (for example, lost or deleted Account Attributes, closed Accounts, etc.) resulting from your disclosure or allowing the disclosure of your Password or from use by any person of your Password to gain access to your Account. In no event will Bounce be held responsible for any damage that occurs to your Account or any attributes of your Account, including without limitation, characters, objects, possessions, and points (collectively, “Account Attributes”). Bounce will not be liable for any financial or emotional damage or distress you may suffer (and/or subsequent loss or damage to your Account or Account Attributes) as a result of the disclosure of your Password to a third party. It is also prohibited to obtain, attempt to obtain, use, or attempt to use anyone else’s password.
End User Content
License to End User Content
Rules of Conduct
In connection with your use of the Services, you agree to adhere to the following rules of conduct:
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
You may not post or transmit End User Content (even if made in a joking, sarcastic or unintended manner) that:
is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
infringes upon or violates any third party’s rights (including, but not limited to, intellectual property rights, rights of publicity , or rights of privacy, including but not limited to, unauthorized disclosure of a person’s name, image, email address, physical address or phone number);
promotes an illegal or unauthorized copy of another person’s copyrighted work (see below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
contains video, photographs, or images of another person;
tries to gain unauthorized access or exceeds the scope of authorized access to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
solicits gambling or engages in any gambling activity which Bounce, in its sole discretion, believes is or could be construed as being illegal;
contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or deleterious components or devices;
interferes with another user’s use and enjoyment of the Services or any other individual’s use and enjoyment of similar services; or
You may not use any of your own or any third party software to modify the Services or create any other means through which the Services may be accessed or used by others, for example, through server emulators, whether for profit or not.
You must use the Services in a manner consistent with any and all applicable laws, rules and regulations. Illegal or unauthorized uses of the Services, including without limitation, collecting usernames or email addresses of registered members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Services, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Services, as well as attempting to gain unauthorized access to the Services or exceeding your authorized access.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Bounce will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
Unsolicited Creative Submissions/ Communications
Please do not send any unsolicited submissions to Bounce. Bounce does not accept or consider unsolicited submissions of any kind (including, but not limited to, scripts, treatments, concepts, creative ideas or suggestions, pitches, stories, formats, artwork, videos, musical compositions, lyrics, sound recordings, or any other materials) in any format, by any means of transmission (including email). This is to avoid the possibility of future misunderstandings when projects independently developed by Bounce, Bounce or their agents might seem to others to be similar to their own creative ideas, suggestions or materials. Any such unsolicited submissions are either discarded or deleted or returned to the sender, in our discretion, without being reviewed (or reviewed solely to the extent necessary to determine that the materials are an unsolicited submission).
In any event, any material, including Invited Submissions, you send to us will not be treated as confidential, and you agree that such materials will not be subject to any obligation of confidence on the part of Bounce, that no confidential or fiduciary relationship is intended or created between you and us in any way, that you have no expectation of review, compensation or consideration of any type, and that Bounce shall not be liable for any use or disclosure of any such material.
Contests and Sweepstakes, and Other Activities
Without limiting our other remedies, we may limit, suspend or terminate the Services 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 Services 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.
You understand and agree that Bounce shall have the further right to terminate any aspect of the Services, or the Services in their entirety, at any time in its discretion, with or without notice to you. You may cease using any or all of the Services, and/or close your Account, at any time for any reason in your discretion. In such event, we will not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Services.
If your right to use the Services, in whole or in part, terminates or expires for any reason, all of your rights to use the applicable Services and Software will cease immediately effective upon such expiration or termination. In the event of such termination or expiration, all Account Attributes associated with your Account will be lost. You understand and acknowledge that there is no guarantee that Bounce will continue offering access to its Services, in whole or in part, on a going-forward basis. You specifically acknowledge that the time you spend using the Services is being done for your personal entertainment purposes only, and that you claim no interest in the value of such time as represented by the building up of your characters and/or Account Attributes during your time using the Services. You further agree that you are not entitled to any form of compensation for the past time you have spent using the Services or for the real or projected value of your Account or any Account Attributes were they to be sold. Bounce will not be liable for any emotional distress you may suffer as a result of loss of your Account or Account Attributes if either your Account or the Services, in whole or in part, are terminated.
Upon expiration or termination of this agreement or your use of the Services, in whole or in part, for any reason, the applicable licenses and rights granted to you will automatically terminate, without further notice to you, and you must (i) immediately cease accessing and using the applicable Services and Software and (ii) uninstall your copy of the applicable Software. You may uninstall your copy of the Software through one of the following methods: (x) access the directory on your computer or game platform where you originally installed the Software and double-click on the file entitled uninst.exe; or (y) access the Add/Remove Programs feature of the operating system located on your computer or game platform and follow the instructions to remove the Software.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
THE BOUNCE PARTIES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USERS OF THE SERVICES. THE BOUNCE PARTIES ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS. THE BOUNCE PARTIES ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY SITES OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SERVICES. UNDER NO CIRCUMSTANCES WILL THE BOUNCE PARTIES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SERVICES, ANY MATERIALS OR END USER CONTENT POSTED ON THE SERVICES OR TRANSMITTED TO MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE. THE BOUNCE PARTIES CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES.
THE BOUNCE PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICES AND/OR SOFTWARE WILL OPERATE EITHER FULLY OR IN PART ON ANY SPECIFIC COMPUTER EQUIPMENT, GAME PLATFORM OR MOBILE DEVICE OR WITH ANY SPECIFIC SOFTWARE. THE BOUNCE PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE INTERNET CONNECTION OR WIRELESS NETWORK THAT MAY BE REQUIRED FOR YOU TO USE THE SERVICES OR REGARDING ANY THIRD PARTY SOFTWARE THAT MAY BE REQUIRED FOR YOU TO USE THE SERVICES.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL ANY BOUNCE PARTIES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITES OR SERVICES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITES OR SERVICES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHEHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE BOUNCE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FORGEOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT THE BOUNCE PARTIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITES OR SERVICES OR ANY OTHER THIRD PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
U.S. Export Controls
The Software is subject to United States export controls and economic sanction requirements. No Software may be downloaded from the Sites or Services or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software or Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
The Materials and all other content and features on the Sites and Services are presented for the purpose of providing entertainment, news and/or information and/or promoting programs, films, music, games, and other products and/or services that are or may become available in the United States, its territories, possessions, and protectorates. Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Sites or Services, and/or the provision of content, services, and/or technology on or through the Sites or Services will be governed by and construed exclusively in accordance with the laws and decisions of the State of Georgia applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions.
The Services are controlled and operated by Bounce from its offices within the United States. The Services are intended for residents of the United States unless otherwise noted. Residents outside of the United States understand and consent that the data submitted on the Services will be transmitted to and processed within the United States. Bounce makes no representation that Materials and End User Content on the Services are appropriate or available for use in any particular location. Bounce makes no representation that Materials or other content on the Services are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Services from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
In the event of any dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Sites or Services (including, but not limited to, provision of content, services, and/or technology on or through the Sites or Services) (“Service Dispute”), Bounce and you agree to give the other notice of the dispute, claim, or controversy before initiating any action or proceeding. Service Disputes do not include disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, trade secrets or claims of piracy or unauthorized use of the Sites or Services, and this notice requirement and the negotiation period set forth below do not apply to such disputes, claims or controversies.
Any notice regarding a Service Dispute must include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested. You must send any Service Dispute notice to Bounce by email to [email protected] AND by U.S. Mail to Bounce Media, LLC, Attn: Digital Development, 2870 Peachtree Road #334, Atlanta, Georgia 30305. If Bounce has your contact information, it will send any such notice to you by U.S. Mail or to your email address.
Bounce and you agree to attempt to resolve any Service Dispute through informal negotiation within thirty (30) days from the date that any notice of dispute, claim, or controversy is sent. Bounce and you will use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After 30 days, Bounce or you may resort to other alternatives.
Bounce and you agree that any action or proceeding that is initiated as a result of a Service Dispute must be initiated in Atlanta, Georgia. You agree to submit to the personal jurisdiction of any state or federal court in Atlanta, Georgia, to resolve any Service Dispute that is not resolved through the information negotiation process set forth above.
Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
The terms of this provision will also apply to any claims asserted by you against any current tor future parent, subsidiary, or affiliated company of Bounce to the extent that any such claims arise out of your access to, and/or use of the Sites or Services, and/or the provision of content, services, and/or technology on or through the Sites or Services.
Text Message Campaigns
We may offer you the ability to sign up for text messages sent to your mobile device if you choose to receive such alerts. You acknowledge and agree that when you sign up for and receive these text messages, you are bound by the SMS Text Message Terms, which are incorporated by reference herein, as well as these terms.
Third Party Platforms
We may provide Services to you through third party Web sites, operating systems, platforms and portals, including social networking sites and digital storefronts through which you can license Bounce games and apps (collectively, “Third Party Platforms”). Additional terms and conditions will apply to you with respect to your use of those Third Party Platforms, which are not under Bounce’s control. Bounce does not assume any responsibility or liability for your use of such Third Party Platforms.