1. Emails from brightsolid
You are probably most interested in how we will use your email address to communicate with you, so here's our email promise, in plain English:
Service Emails. The team at brightsolid hate spam and will never ever send you unsolicited emails. But there are some emails that we will need to send you in order for you to get the most out of playing the Family House game. These include notifications that you have a message from another member and guides on how to use the Family House game. A full list of the types of emails you will receive to help you use the service most effectively (which we call Service Emails) are shown below:
- Welcome emails - this series of emails provide all the information you need to get started on Family House
- Confirmatory emails - if for example you make a purchase within the Game. Key service messages - if we need to notify you about changes to the Family House game
- New message notification and reminders - when you receive messages from other players
- Service suspension notices - if you break the house rules
Newsletter. When registering with the Family House game, you are given the option to receive our occasional newsletters. We use these to notify you about new features on the site, ask your opinion, and tell you about services you might not be using yet.
We only send a newsletter when there is something worthwhile to tell you about, so your inbox will never be overflowing with messages from us. We're hoping to release new features to Family House every two weeks, so generally you'll get a newsletter about once every two weeks.
If at any time you decide you don't want to receive the newsletters, all you need to do is follow the 'unsubscribe' link at the footer of any newsletter email.
2. The information we gather and track
We always aim to gather only the information that we need in order for you to use the Family House game as fully and effectively as possible.
Registration and other information. When you register for the Family House game (including via Facebook), you provide your name (including a previous name, where relevant), your email address, your gender, your year of birth and some optional information about yourself such as place of birth. These can be changed through the Family House application. We also receive information about you when you interact with the application, get in contact with us, and sometimes when you reply to a survey.
Information you choose to share. If you create content with the Family House game, which may include uploading information relating to you and third parties that you wish to include in your house in the Family House game and uploading family trees, photos, videos, comments and notes, we also receive that information. This may include personal information about you and other people (for example, details about other individuals you have chosen to include in your house in the Family House game).
Information other members share about you. We may also receive information relating to you that we receive from other users of the Family House game, such as when they upload content in the Family House game relating to you or post comments in relation to your uploaded content.
We also receive some information about the computer or other device you use to access the Family House game, such as your IP address, the browser you use, your location, how big your screen is, or the pages you visit.
In the event we allow you to upload a photo, video or audio-only content, we may also receive additional information through metadata about where that photo or video was taken or the audio-only content was recorded, such as the time, date and location.
We may also receive statistical information, that does not personally identify you, from our advertising partners who work with us to deliver more relevant, higher quality advertising to you through the Family House game and to understand online activity.
We may also receive information from other websites, such as Facebook, when you log in to the Family House game using Facebook Platform. You can find out more about this under "Sharing with other websites and applications" below.
Sharing with other websites and applications.
Logging into the website using Facebook. You can log in to the Family House game using the Facebook Platform. When you log in using Facebook, Facebook shares your "public information" (Facebook sometimes refers to this as your "Everyone information") with us, such as your gender, date of birthFacebook user ID and your Facebook friends' Users IDs, but we do not share information we hold about you with Facebook through your use of the Family House game.
Sharing links on the website. By using the 'Share' links which may be available in the Family House game, you may be able to share links to certain content with users of Facebook, Twitter and also by email. In such circumstances, the content will remain at all times within the Family House game and only the link and other limited information will appear on Facebook and Twitter, or in the email. There are restrictions on the sharing of content that we provide to you in the Family House game. You can find out more about these restrictions in our Terms and Conditions.
Cookies. We use small text files known as "cookies" to enhance your experience of the Family House game as follows:
- To hold your login information (mentioned above), so that you do not need to log in each time you want to play the Family House game, and your House within the game is personalised;
- To facilitate optimal use of the Family House game by means of a temporary "session" cookie which helps you to navigate through the game and enhances your user experience. These cookies disappear when your browser session ends; and
- To help us recognise you as a unique visitor by means of a "persistent" cookie when you return to the Family House game and to allow us to tailor content or advertisements to match your preferred interests or to avoid showing you the same adverts and messages repeatedly.
Analytical cookies. We also use analytical cookies and similar analytical tools to compile anonymous, aggregated statistics that allow us to understand how users use the Family House game and to help us improve the game. This is not personal data, and we cannot identify you in this way. These cookies allow us to understand to what extent uses have used functions within the Family House game and which advertisements they have seen within the game, to determine how frequently particular functions are used and advertisements are seen, to determine the most popular areas of the game, and generally to monitor usage of the game. We will also use aggregate non-personal data to track the success of any advertising campaigns within the Family House game, to improve the effectiveness and suitability of advertising in communications sent by us and other companies in the brightsolid group and/or to provide to third parties anonymised, demographic data provided by you to target advertising more appropriately. We do not provide our advertising partners with information that identifies you as an individual or any of the other individuals that you introduce into your house as part of the Family House game.
Further information.Please contact our customer support service to request further details about individual cookies used in the Family House game by us and by third parties.
Disabling cookies. Most internet browsers are automatically set up to accept cookies, but you can set your browser to refuse a cookie by changing your browser security settings, or you can ask your browser to show you where a cookie has been set up. You may also be asked to consent to the use of certain cookies upon entering or registering for the Family House game. Certain features on in the Family House game are only activated by the presence of a cookie so, if you do not accept certain cookies, the game may not work properly. You can find out more on how to disable/enable cookies via the following link: www.allaboutcookies.org/manage-cookies/.
3. Sharing and use of information
- Managing the Family House game (including your account and your "House");
- Providing advanced game features to you;
- Suggesting and providing relevant content to you in the Family House game;
- Understanding your needs to help us improve the Family House game;
- Improving the performance of the Family House game;
- Understanding the game usage to help us improve our marketing or the way we do business;
- Sending you emails and other communications (more details below) including in relation to brightsolid Group goods and services, which may include populating family trees on your behalf in relation to certain online family history services which we offer.
- Posting updates specific to your usage of Family House that you choose to post or share with your network via Facebook.
You give us permission to use your information for the above purposes in relation to the current version of the Family House game, and also in relation to any new products and features which we may provide to you in the future as part of the Family House game.
The over-riding principles we apply are these:
- We will not supply your information to a third party for commercial exploitation - thus, you can rest assured that we will not sell the lists of our game users' email addresses, or other contact details, to a third party;
- We occasionally use third party companies to process information that you provide us with: for example, when you complete a survey or make a payment. (via Facebook). When we do, we keep the amount of personal information they hold to an absolute minimum, have contracts in place to stop them using your information except on our behalf and require them to ensure they are as careful with your information as we are; and
Registration and Family Information. The details you provide on registration for the Family House game, and the details of those you include in your "House" within the game are only available to you unless you invite and/ or specifically permit someone else to enter and view your "House" and its occupants. Details in your "House" and the individuals it comprises can be shared with other game users at your discretion. Where we use any details that you provide to us in relation to other brightsolid Group Services, such as populating family trees on our online family history services, this will not be made publically available without your consent.
Messaging through the Family House Game. The Family House game operates on the Facebook Platform and, although all data within the game is held and kept secure by us, it is possible to use Facebook to message other Facebook users and invite those users to visit your "House" within the game and to view the characters and information about such characters that you have included within your "House". All such messages are sent through Facebook and are accordingly subject to Facebook's Statement of Rights and Responsibilities as well as the other terms and conditions under which Facebook operates as updated, modified and/ or amended from time to time.
Credit or debit card information. We currently use Facebook (Facebook Credits) to process any payments made through or in relation to the Family House game and you contract for such payments will be with Facebook. Facebook operates a secure server, to process card payments. They encrypt users' credit or debit card information and authorise payment directly. This means that users' full card details are never revealed to or held by us. All such payments made are subject to and in accordance with Facebook's Payment Terms and by making any such payments you are agreeing to such terms https://www.facebook.com/payments_terms.
Companies in the brightsolid group. We may share data supplied by you (or collected about you) through your use of the Family House game with our subsidiaries, joint venture companies and other companies in our group , but only for the purposes described in this policy or if we are required or otherwise permitted to do so by law. In general, we try to make sure that people only have as much access to your information as they need to carry out their job.
Changes in brightsolid's business. If all of the assets which brightsolid uses to operate its business (or substantially all of them) are acquired by a third party, we may transfer personal data we then hold to that party so that the acquirer can continue to provide and operate the Family House game.
Place of processing. The vast majority of your information held by us is held on and processed by computers situated in the United Kingdom. Some of our third party partners use servers in the United States. When we process data in the United States, we only use providers certified under the EU approved Safe Harbor scheme.
We have high quality security measures in place to protect your information, including your details in our customer database, and access to this database is restricted internally. However, please be aware that, although our systems are secure, your information may be intercepted on its way to us via the internet, although it is extremely uncommon for this to happen. It remains each Member's responsibility:
- to protect against unauthorised access to your details including your "House" and the information you have included within it;
- to ensure no-one else uses the Family House game on that user's machine while it is "logged on" to the Family House game;
- to log off or exit from Facebook and / or the Family House game when not using it; and
- to keep his/her password secret.
5. Removing your House from the Family House game
If you no longer want brightsolid to make active use of your information, you may send an e-mail to firstname.lastname@example.org. Place "Delete My House" in the subject line and include your first name, last name, e-mail address and Family House user name for the Family House game in the body of the e-mail. We will respond to your request within thirty (30) days. Please note that certain records, for example those pertaining to payments or customer service matters, will be retained for legal and accounting purposes. If you have sent or posted content from the Family House game, we may not be able to delete it.
If you remove your Family House "House", any content or information that you have permitted other people to view and/ or use within Family House or otherwise, or which you have otherwise shared may, understandably, be copied or stored by others even after your "House" has been removed. When your "House" has been removed, we will archive and store your information for a reasonable time period for legal and administrative reasons and for the purposes of re-activating your account with us, if you wish to do so.
6. Disclosure for legal reasons
We reserve the right to communicate any personal information we hold about you to third parties which seek the disclosure of it, and which make a legally-compliant request for its disclosure.
8. Contacting brightsolid
9. Links to third party sites
The Family House game may contain links to other web sites. brightsolid is not responsible for the privacy practices, or the content, of those web sites.
10. Data Protection Information
You can obtain further information about data protection laws by visiting the UK Information Commissioner's website. You can search for our Data Protection Notification there, should you so wish (our registration number is Z6639808).
11. Updating your personal information
If the information we hold about you is no longer correct, please update your details in the Family House game. In certain situations, we may choose not to amend your personal information. In this event, we will include an appropriate statement or note about it with the information.
Terms and Conditions
Terms and Conditions
1. brightsolid Games
1.1. Who We Are
The Family House website and the Family House game is owned and run by brightsolid online technology limited a company registered in England and Wales (Company Number SC161678) with its registered office at GATEWAY HOUSE, LUNA PLACE, DUNDEE TECHNOLOGY PARK, DUNDEE, DD2 1TP ("brightsolid" or "our" or "us" or "we").
These terms and conditions ("Terms") set out your rights and obligations, and those of brightsolid, regarding your use of brightsolid's online games , including the Family House game and related services, which include applications for mobile devices (the "Games").
These Terms may not be otherwise amended except by our written agreement.
1.4. Grant of Rights for the Game
Subject to your agreement and continuing compliance with these Terms brightsolid grants you a non-exclusive, non-transferable, revocable limited licence to access and use the Games using a brightsolid supported web browser (such as Mozilla Firefox or Microsoft Internet Explorer) or mobile device solely for your own, non-commercial, entertainment purposes. You agree not to use the Games, or any parts of them, for any other purpose without our prior written permission.
You agree that, while at times during your use of the Games, you may "earn", "buy" or "purchase": (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the Games; or (b) virtual in-game items, (together "Virtual Items"); thes terms "earn", "buy" and "purchase" are only being used within the context of the Games and/ or the platforms on which they operate and you agree that you do not in fact "own" the Virtual Items and the amounts of any Virtual Items do not refer to any credit balance, refundable or otherwise, of real currency or its equivalent. Rather, you may use such Virtual Items within the Games. Any "Virtual Items" balance shown in your Game profile or account, does not amount to a cash equivalent, or redeemable, value.
1.5. Accessing the Games
You are solely responsible for any fees, including internet connection or mobile fees that you incur when accessing and using the Games and we do not accept any responsibility for any such fees.
1.6. Use of the Games
The following restrictions apply to the use of the Games:
- You shall not create an Account or access the Games or any parts thereof if you are under the age of 13;
- You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Games by minors in connection with, including using, your Account. You are responsible for any use, in connection to the Games, of your credit card or other method of payment for which you are liable (e.g. PayPal and Facebook Credits) by any third parties including minors;
- You shall not have more than one Account per Game at any given time, and shall not create an Account using a false identity or information, or on behalf of someone other than yourself;
- You shall not have an Account or use the Games or any parts thereof if you have previously been removed by brightsolid or previously been banned from using any brightsolid product including any Games;
- You shall use your Account only for non-commercial purposes;
- You shall not use your Account to advertise, solicit, or transmit any commercial advertisements or junk e-mail or unsolicited messages; and
- You shall not use your Account to engage in any illegal or unlawful conduct;
- If you access the Games or any parts thereof from an SNS you shall, at all times, comply with and be subject to its terms of service/use as well as these Terms.
1.7. Account Information
1.8. Username and Password
During the Account creation process, you may be required to select a password ("Login Information"). It is your sole responsibility to maintain the confidentiality of your Login Information and you are responsible for all activity that occurs under your Login Information. We will not be liable where your Login Information is used by someone else. You should notify us immediately of any unauthorised use of your Login Information and any breach of security as soon as you become aware of it. For security or other reasons, we may require you to change your Login Information.
brightsolid reserves the right to remove or reclaim any usernames at any time and for any reason, including to claims by a third party that a username violates such third party's rights.
1.9. Licence Limitations
Any use of the Games or any parts thereof in breach of these Terms is strictly prohibited, can result in the immediate termination of your Account and may subject you to liability for breach of contract and/ or contravention of applicable laws. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE GAMES OR ANY PARTS THEREOF, INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY GAMES OR PLATFORMS ON WHICH THEY OPERATE IS A BREACH OF THESE TERMS AND IT MAY ALSO BE A BREACH OF CRIMINAL AND CIVIL LAWS.
- Engage in any act that brightsolid deems to be in conflict with the spirit or intent of the Games, including but not limited to circumventing or manipulating these Terms, our game rules, game mechanics or policies;
- Make improper use of brightsolid's support services, including by submitting false abuse reports or using abusive language in your communications with our support personnel; or
- Use the Games in connection with any violation of any applicable laws, rules or regulations, or do anything that promotes or facilitates the violation of any applicable laws, rules or regulations;
- Use cheats, exploits, automation software, bots, hacks, mods or any unauthorised third party software designed to modify or interfere with the Games or any parts thereof;
- Use the Games in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorised third party software designed to modify or interfere with the Games or any parts thereof;
- Without brightsolid's express written consent, modify or cause to be modified any files that are a part of the Games;
- Disrupt or facilitate or assist in the disruption of any Games of any parts thereof;
- Institute, assist or become involved in any type of attack, including distribution of a virus, denial of service attacks upon the Games or any parts thereof, or other attempts to disrupt the Games or any parts thereof or any other person's use or enjoyment of the Games or any parts thereof;
- Attempt to gain unauthorized access to the Games, or any Accounts registered to others or to the computers, servers, or networks connected to the Games or any platform on which they operate by any means other than the user interface provided by brightsolid;
- Post any information or content that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable or otherwise offensive;
- Post any information that contains nudity, excessive violence, or is an offensive subject matter or that contains a link to any such content;
- Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including brightsolid employees and representatives;
- Make available through the Games any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity;
- Impersonate any other person, including without limitation a brightsolid employee;
- Use the Games or any parts thereof for performing in-game services, such as power-levelling and item collection services, in exchange for payment outside the Games;
- Transmit unauthorised or private communications through the Games;
- Use any unauthorized software that accesses, intercepts, "mines", or otherwise collects information from or through the Games or that is in transit from or to the Games, including any software that reads areas of RAM or streams of network traffic used by the Games to store information about Games' functionality or operations.
- Intercept, examine or otherwise observe any proprietary or private communications protocol used by a client, a server, or the Games;
- Make any automated use of the Games or any parts thereof, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- Bypass any robot exclusion headers or other measures we employ to restrict access to the Games or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Games, or harvest or manipulate any data contained therein or derived there from;
- Use, facilitate, create, or maintain any unauthorised connection to the Games, including without limitation: (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Games; or (2) any connection using programs, tools, or software not expressly approved by brightsolid;
- Except to the extent permitted by applicable law or relevant open source licences, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Games, or to obtain any information from the Games using any method not expressly permitted by brightsolid; or
- Copy, modify or distribute rights or content from any Games or use any method to copy or distribute the content of the Games except as specifically allowed in these Terms;
- upload or transmit or attempt to upload or transmit, without brightsolid's express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms").
1.10. Suspension and Termination of Games Account
WITHOUT LIMITING OR PREJUDICING ANY OTHER REMEDIES AVAILABLE TO US, WE MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO GAMES OR ANY PARTS THEREOF IF YOU ARE, OR brightsolid SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE GAMES, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND ACCESS TO ANY INFORMATION THAT YOU HAVE INCLUDED IN ANY GAMES 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 GAMES, AND brightsolid IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES.
WITHOUT LIMITING OR PREJUDICING ANYOTHER REMEDIES AVAILABLE TO US, WE MAY LIMIT, SUSPEND OR TERMINATE ACCOUNTS, PROHIBIT ACCESS TO OUR GAMES, 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, INCLUDING WITHOUT LIMITATION INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, DEFAMING ANY PARTY, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THESE TERMS. brightsolid reserves the right to stop offering and/or supporting the Games or a particular Game or part of the Games at any time either permanently or temporarily, at which point your licence to use such Games or parts thereof will be automatically terminated or suspended. In such event, brightsolid shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of such Games.
Termination of your Account can include disabling your access to the Games or any parts thereof including any content contained therein including any content you submitted or others submitted.
You may cancel any Account registered to you at any time by following the instructions at familyhouse.com or sending an email to email@example.com.
1.11.1. Games and Service
The Games or any parts thereof (including any titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, character profile information, recordings of Games played and the brightsolid game clients and server software) are copyrighted works owned by us or our licensors. We reserve all rights, including all intellectual property rights of whatever nature or other proprietary rights, in connection with the Games.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN AN ACCOUNT OR ANY GAMES, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF brightsolid. GENERALLY, GAMES OR OTHER ACCOUNTS CREATED WITH brightsolid WILL BE CONSIDERED ACTIVE UNTIL WE RECEIVE A USER REQUEST TO DEACTIVATE OR DELETE THEM; HOWEVER, WE RESERVE THE RIGHT TO TERMINATE ANY ACCOUNT IN RELATION TO A GAME THAT HAS BEEN INACTIVE FOR 180 DAYS. IN THE EVENT THAT YOU CLOSE YOUR FACEBOOK ACCOUNT YOU WILL BE UNABLE TO ACCESS THE GAMES.
"Submission" means any communications, images, sounds, and all the content, material, data and information that you upload or submit to, or transmit through, any Games, or that other users of the Games upload or transmit.
You retain all ownership rights that you are lawfully entitled to in and to any Submission that you may make. You promise that you are the lawful owner of any Submission that you make or you have the necessary licences, rights, consents, and permissions to authorise us to use your Submission as it is intended in the Games. In particular, you promise that you have obtained the permission of all of the living people featured or referred to in and/ or identifiable from the Submission (and if they are under 18 their parents' or guardians' permission as well) to the upload of the Submission and to our use of the Submission in the Games. You acknowledge that the contents of any Submission will be considered non-confidential. Submissions are collected by us and not by Facebook or any other SNS.
We do not claim ownership rights in the content of your Submission. By making a Submission, you grant us (and any SNS which you have accessed the Game via) a worldwide, perpetual, non-exclusive, royalty-free and transferable licence (with the right to sub-license) to use, edit, reproduce, record, modify, translate, distribute, play, perform, make available to the other users of the Games, prepare derivative works of and to display your Submission by any medium or method whether now known or later developed to be exercised in our sole discretion throughout the world for the full term of copyright and other rights and all renewable and extension thereof. By making any Submission you waive in our favour and in favour of our transferees or sub-licensee, any moral rights, or equivalent rights, that you may, in any jurisdiction be entitled to in respect of your Submission.
You are responsible for the content of any Submission that you may make and the consequences arising from its use in any Games. You will not upload to any Games any material or content which is in any way defamatory, obscene, unlawful, harmful, offensive or inappropriate or infringes the rights of a third party or may have the effect of being harassing, threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability. You agree not to infringe any laws in order to produce or make a Submission. You agree not to transfer files which contain viruses or other harmful programs. Further, you must not endanger yourself or others, take any unnecessary risks in order to produce or make a Submission.
We may accept your Submission, modify your Submission, or refuse to display your Submission at any time in our sole and absolute discretion. Please note that we cannot accept any Submission containing any music, save where expressly permitted by us.
2. USER SUBMISSIONS
2.1. Content Screening
You are entirely responsible for all Submissions that you post or otherwise transmit via the Service. brightsolid accepts no responsibility for the conduct of any user submitting any Submission, and we accept no responsibility for monitoring any Submissions for inappropriate, unlawful or illegal content.
We have no obligation to monitor Submissions. If we choose at any time, in our sole discretion, to monitor any Submissions or use of the Games, we have the right, in our sole discretion, to edit, refuse to post, or remove any Submissions or any parts thereof and we may monitor and/or record your interaction with the Games or communications made by you in your use of the Games. By accepting these Terms and playing the Games, including making Submissions, you provide your irrevocable consent to such monitoring and recording.
2.2. Information Use by Other Members of the Service
2.2.1. Public Discourse & Unsolicited Ideas
The Games may include various forums, blogs and chat features where you can post Submissions, including your observations and comments on designated topics. brightsolid cannot guarantee that other users will not use the ideas and information that you share through such forums, blogs and chat features, therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not make it available through the Games. brightsolid shall have no obligation to evaluate, use or compensate you for any ideas or information you may choose to submit.
If you submit suggestions, proposals, comments or other materials as part of your Submissions you understand and agree that brightsolid: (1) shall have no obligation to keep your Submissions confidential; (2) shall have no obligation to return your Submissions or respond in any way; and (3) may use your Submissions for any purpose in any way without notice or compensation to you.
brightsolid IS NOT RESPONSIBLE FOR ANY USER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS AND/ OR WHICH FORM PART OF ANY OF YOUR SUBMISSIONS. IN THE EVENT YOU COME ACROSS ANY CONTENT WHICH YOU WISH TO COMPLAIN ABOUT, PLEASE CONTACT firstname.lastname@example.org.
Your information, including your Submissions and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide and operate the Games and may be disclosed: (i) when we have a good faith belief that we are lawfully required to disclose the information in response to legal process (for example, a court order or a search warrant ); (ii) to satisfy any applicable laws or regulations; (iii) where we believe that the Games are being used in the commission or inducement of a crime, including to report such criminal activity; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of brightsolid, including to enforce these Terms. Your acceptance of these Terms includes an irrevocable consent to such monitoring, access and disclosure.
2.4. User Interactions
2.4.1 User Disputes
You are solely responsible for your interactions with other users of the Games and any other parties with whom you interact through the Games and/or any platform through which the Games are accessed or operate.
If you have a dispute with one or more users, you release and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from claims, demands and damages (direct, indirect and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data.
3. PURCHASE TERMS
In use of the Games you may purchase Virtual Items and or other goods or services by redeeming brightsolid game cards or third party virtual currency, such as Facebook Credits.
PURCHASES OR REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY TO ACQUIRE VIRTUAL ITEMS ARE NON-REFUNDABLE.
You can purchase Virtual Items by visiting the purchase page in one of our Games, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms. When you purchase Virtual Items from our Games, we may send you a confirmatory e-mail that will contain details of the items you have ordered. Please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for your records. brightsolid keeps records of transactions in order to deal with any subsequent queries. If you purchase Facebook Credits from Facebook, you are agreeing to Facebook's Payment Terms and brightsolid is not a party to the transaction and will not hold any of your payment information.
For Virtual Items, your order will represent an offer to us to purchase which will only be accepted by us when we make those Virtual Items available in your Account for you to use in the Games.
If you reside in the European Union and you purchase a product or service from brightsolid, you may have the right to cancel a purchase within seven calendar days, commencing on the day after the date of purchase (the "Cooling Off Period"). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. Accordingly, please note that if you purchase Virtual Items from us, your right to cancel is lost as the performance of our services begins promptly once your purchase is completed.
3.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. brightsolid may revise the pricing for the goods and services it sells and supplies to you through the Games at any time. YOU ACKNOWLEDGE THAT brightsolid IS NOT REQUIRED TO PROVIDE A REFUND TO YOUIN RESPECT OF ANY UNUSED VIRTUAL ITEMS WHEN YOUR ACCOUNT IS CLOSED FOR WHATEVER REASON.
4. THIRD PARTY DEALINGS
brightsolid may provide links on the Games to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Games and/or upgrades (such as in-game currency). Any charges or obligations you incur in your dealings with these third parties are your responsibility. brightsolid makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to or from our Games, and we will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of brightsolid and they may collect data or solicit personal information from you. brightsolid is not responsible for their content, business practices or privacy policies, or for the use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by brightsolid of these linked sites or any products or services available through them.
5. TRADE MARKS
The names, images and logos identifying us, our partners or third parties and our/their products and services contained in the Games and/ or the platforms they are accessed through or operate on are proprietary marks and may not be reproduced or otherwise used without express permission.
Nothing contained in these Terms shall be construed as conferring any licence or right to use any trade mark, patent, design right or copyright of brightsolid or of any third party.
6. UPDATES TO THE SERVICE
You understand that the Games evolve and that we may require that you accept updates to the Games you have installed on your computer, mobile devices or gaming device. You acknowledge and agree that brightsolid may update the Games with or without notifying you. You may need to update third party software from time to time in order to receive and operate the Games.
7. DISCLAIMERS / LIMITATIONS / LIABILITIES
7.1. OUR LIABILITIES TO YOU
THE GAMES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. WE DO NOT GUARANTEE WHICH ASPECT OF THE GAMES WILL BE AVAILABLE. WE CANNOT PROMISE THAT THE GAMES WILL BE ACCURATE, FREE FROM ERRORS OR OMISSIONS OR THAT THEY WILL BE AVAILABLE UNINTERRUPTED AND IN A FULLY OPERATING CONDITION.
THE GAMES MAY BE SUSPENDED TEMPORARILY AND WITHOUT NOTICE IN THE CASE OF SYSTEM FAILURE, MAINTENANCE OR REPAIR OR FOR REASONS REASONABLY BEYOND OUR CONTROL. WE WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON IN THE EVENT THAT ALL OR ANY PART OF THE GAMES ARE DISCONTINUED, MODIFIED OR CHANGED IN ANY WAY.
THE VIEWS EXPRESSED IN ANY CONTENT OR MATERIAL WHICH IS UPLOADED BY YOU OR OTHER USERS OF THE GAMES, INCLUDING SUBMISSIONS, MAY NOT REFLECT OUR VIEWS. WE MAKE NO PROMISES AND OFFER NO GUARANTEES AS TO THE ACCURACY OF ANY SUBMISSIONS.
brightsolid ACCEPTS NO RESPONSIBILITY AND MAKES NO PROMISES OR GUARANTEES AS TO THE QUALITY OR ACCURACY OF IMAGES OR GRAPHICS IN AND TO THE GAMES.
WE ACCEPT LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THAT OF OUR EMPLOYEES AND AGENTS. WE DO NOT SEEK TO EXCLUDE LIABILITY FOR FRAUDULENT MISREPRESENTATION BY US OR OUR EMPLOYEES OR AGENTS.
NOTHING IN THESE TERMS IS INTENDED TO RESTRICT YOUR STATUTORY RIGHTS AS A CONSUMER (INCLUDING YOUR RIGHTS TO RECEIVE A REASONABLE STANDARD OF SERVICE, MORE DETAILS ABOUT WHICH CAN BE OBTAINED FROM YOUR LOCAL TRADING STANDARDS OFFICE OR CITIZEN'S ADVICE BUREAU);
WE DO NOT ACCEPT ANY LIABILITY FOR:
- ANY DAMAGE OR LOSS CAUSED TO YOU WHERE YOU ARE NOT ENTERING INTO THESE TERMS, OR USING THE GAMES, AS A CONSUMER;
- ANY DAMAGE TO YOUR COMPUTER, ANY SOFTWARE OR FOR ANY LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE GAMES;
- ANY FAILURE, ANY SUSPENSION AND/OR ANY TERMINATION OF ACCESS TO THE GAMES OR ANY CONTENT OR ANY FAILURE BY US TO PERFORM ANY OF OUR OBLIGATIONS UNDER THESE TERMS IN CONNECTION WITH OR ARISING OUT OF AN EVENT BEYOND OUR CONTROL. IN THESE TERMS, AN "EVENT BEYOND OUR CONTROL" SHALL INCLUDE, WITHOUT LIMITATION, STRIKES, LOCK-OUTS OR OTHER INDUSTRIAL DISPUTES, NUCLEAR ACCIDENT OR ACTS OF GOD, WAR OR TERRORIST ACTIVITY, RIOT, CIVIL COMMOTION, MALICIOUS DAMAGE, COMPLIANCE WITH ANY LAW OR GOVERNMENT ORDER, RULE REGULATION OR DIRECTION, ACCIDENT OR BREAKDOWN OF PLANT OR MACHINERY, FIRE, FLOOD, STORM OR DEFAULT OF SUPPLIERS, AND WHERE THEY ARE BEYOND OUR REASONABLE CONTROL, ANY OTHER ACTS, EVENTS, OMISSIONS OR ACCIDENTS; AND/OR
- ANY CLAIMS BROUGHT AGAINST YOU BY A THIRD PARTY EXCEPT AS STATED IN THESE TERMS.
THESE TERMS SHALL NOT MAKE US RESPONSIBLE FOR ANY DAMAGE OR LOSS (INCLUDING LOSS OF PROFITS, REVENUE OR BUSINESS) CAUSED TO YOU WHERE SUCH DAMAGE OR LOSS IS NOT REASONABLY FORESEEABLE TO YOU AND US WHEN YOU USE THE brightsolid SERVICE, INCLUDING WHERE THE DAMAGE OR LOSS RESULTS FROM OUR BREACH OF THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE GAMES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
WE ARE NOT LIABLE, ACCEPT NO RESPONSIBILITY FOR AND YOU AGREE NOT TO SEEK TO HOLD US LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE GAMES AND OPERATORS OF EXTERNAL SITES AND PLATFORMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU.
We may wish to transfer our rights or obligations or sub-contract our obligations under these Terms to another other legal entity. You agree that we may do so provided that in the case of transfer only, after we notify you of the date on which we will transfer our rights and obligations under these Terms to another legal entity, your only rights under or in connection with these Terms will be against the new legal entity and not against us. These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else.
8.2. Third Party Rights
These Terms are not intended to give rights to anyone except you and us. This does not affect our right to transfer these Terms under section 8.1.
If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms which shall remain in full force and effect.
These Terms are available in English only. We will do our best to resolve any disputes over these Terms. If you wish to take court proceedings against us you must do so in England. Relevant English law will apply.
8.5. Keeping this Agreement
Complaints may be reported to us through our "contact us" link on the brightsolid Games or by post at brightsolid, The Glebe, 6 Chapel Place, Rivington Street, London EC2A 3DQ. We will reply to all complaints within 4 working days.
8.7. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms to brightsolid are of a unique and irreplaceable nature, the loss of which shall irreparably harm brightsolid and which cannot be replaced by monetary damages alone. Accordingly, brightsolid shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Games, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Games and agree to limit your claims to claims for monetary damages.