Bubble Shock Game - Terms of Service

Updated 17 June 2012

This Terms of Service (also referred to as "Terms") is a legally binding agreement that governs your use of the Bubble Shock game and the other associated services (collectively known as the "Bubble Shock Game Service" or the "Service") developed by Nile Labs. Please read the following Terms of Service carefully. If you do not agree with all of the terms of this agreement, you must not use the Bubble Shock game or any associated services.

1) Access to the Bubble Shock Game

a) Subject to your acceptance of these Terms, Nile Labs grants to you a non-exclusive, non-transferable, revocable limited license to use the Service and related software (excluding source and object code) for your personal non-commercial use. You may not use the Service for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in this agreement.

b) Nile Labs reserves the right to change these Terms in any way and at any time. However, no amendment to these Terms shall apply to a dispute of which Nile Labs had actual notice on the date of amendment. Whenever modifications to these Terms are made the 'Updated' date on this page will be amended to reflect this date. We may notify you of updates but the responsibility to check for any amendments is up to you. Your continued use of the Service after changes have been made to these Terms shall be deemed an acceptance of those changes

c) Nile Labs reserves the right to discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability.

d) You agree to be bound by any application, forum, or game specific rules published within the Service.

e) Your use of the Service is conditioned upon your compliance with these Terms and any use of the Service in violation of these Terms will be regarded as an infringement of Nile Labs' copyrights in and to the Service. Nile Labs reserves the right to terminate your access to the Service without notice if you violate these Terms.

f) You represent that you are 13 years old or older. Additionally, if you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to these Terms.

2) Ownership of Intellectual Property

a) Unless otherwise specified in writing, all materials that are part of the Service are owned, controlled, or licensed by Nile Labs and are protected by law from unauthorized use.

b) You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any in-game credit.

c) You agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of Nile Labs.

d) All comments, feedback, suggestions, ideas, and other submissions (collectively referred to as "Ideas") disclosed, submitted, or offered to the Bubble Shock Game Service or directly to Nile Labs in connection with the use of the Service shall be the exclusive property of Nile Labs. You agree that unless otherwise prohibited by law Nile Labs may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.

3) Usage Rules

a) As a condition of your use of and access to the Service, you agree to comply with these Usage Rules further to the game specific rules within Nile Labs.

b) You agree that your use of and conduct on the Service shall be lawful and your User Content will not:

i) include any offensive comments that are connected to race, national origin and ethnicity, gender, sexual preference or physical handicap;

ii) include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;

iii) defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;

iv) promote violence or describe how to perform a violent act

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

vi) be in violation of these Terms or the game rules of conduct (collectively "Content Restrictions").

c) You and your activities on the Service will not:

i) reveal any personal information about another individual, including another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;

ii) attempt to impersonate any other party;

iii) create user accounts by automated means or under false presences or mislead others as to the origins of your communications;

iv) trick, defraud or mislead the Bubble Shock game and/or Nile Labs and other users, especially in any attempt to earn in-game credits without paying or learn sensitive account information such as passwords;

v) make improper use of the Bubble Shock game and/or Nile Labs' support services or submit false reports of abuse or misconduct;

vi) engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or other multi-tiered marketing scheme;

vii) disparage, tarnish, or otherwise harm, in Nile Labs’ opinion, Nile Labs and/or the Bubble Shock Game Service;

viii) violate these Terms or any local, state, federal or international law, rule or regulation or any other requirements or restrictions posted by Nile Labs on the Service;

ix) disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;

x) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party's uninterrupted use and enjoyment of the Service and User Content or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Service, the User Content;

xi) copy or adapt the Service's software including but not limited to Flash, PHP, HTML, Java Servlets, JavaScript or other code;

xii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service create to generate web pages or any software or other products or processes accessible through the Service;

xiii) upload or transmit (or attempt to upload or to transmit) 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");

xiv) except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorized script or other software;

xv) cover or obscure any notice, banner or advertisement on the Service;

xvi) disguise the source of your User Content or other information you submit to the Service or use tools which anonymise your internet protocol address (e.g. anonymous proxy) to access the Service;

xvii) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, Collaborative Content or the User Content;

xviii) sell the Service or any part thereof including but not limited to in-game credit, game solutions, user accounts and access to them in exchange for real currency or items of monetary value; or

xix) engage in cheating or any other activity deemed by Nile Labs to be in conflict with the spirit or intent of the Service.

d) Nile Labs does not control or endorse the content, messages or information found in User Content portions of the Service or external sites that may be linked to or from the games or their forums and, therefore, Nile Labs specifically disclaims any responsibility with regard thereto.

4) Privacy and Protection of Personal Information.

a) Nile Labs respects the privacy of visitors to our game. Information collected from you is subject to the Bubble Shock game’s Privacy Policy. By playing the game, you may be granting your social network permission to share your e-mail address and any other personally identifiable information with Nile Labs. Please read the Privacy Policy for more information on the collection and use of your information. You acknowledge and agree that this Privacy Policy, including, but not limited to, the manner in which Nile Labs collects, uses and discloses your personally identifiable information, is incorporated and made part of these Terms. If you do not agree to each and every part of Nile Labs’ Privacy Policy, then you should not play the game or submit any personally identifiable information through this game. Enquiries regarding privacy issues should be directed to support@nilelabs.com.

5) Account Responsibility

a) This Service is offered through the Facebook social network. The Service is only available to persons who are registered members of Facebook through which they access the game and are in compliance with the policies or terms of use/service of Facebook. In creating your account with Facebook through which you will access the Bubble Shock Game Service ("Account"), you agree to:

i) provide true, accurate, current and complete information about yourself ( "Registration Data"); and

ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

b) Users that maintain more than one account on the Facebook social network may not access this Service from multiple accounts. If you provide any information that is untrue, inaccurate, not current or incomplete, or Nile Labs has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Nile Labs has the right to suspend or terminate your ability to participate in the Service and refuse any and all current or future use of the Service (or any portion thereof).

6) Disputes with Others

a) We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Service. If you have a dispute with other users, you release Nile Labs and hereby agree to indemnify Nile Labs from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

7) Disclaimers; Limitations; Waivers of Liability

a) YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO TERMS OF USE WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). NILE LABS DOES NOT MAKE ANY REPRESENTATIONS AS TO THE PROPRIETARY AND QUALITY OF THE BUBBLE SHOCK APPLICATION AND THE SERVICE AS A WHOLE OTHER THAN THAT NO MALICIOUS AND DESTRUCTIVE ELEMENTS HAVE BEEN INTENTIONALLY INCLUDED IN THE BUBBLE SHOCK APPLICATION. BY ACCEPTING THAT THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, YOU THEREFORE, ALSO ACCEPT THAT NILE LABS IS NOT LIABLE FOR ANY DAMAGE TO YOUR HARDWARE OR SOFTWARE RESULTING FROM ANY NILE LABS APPLICATION MALFUNCTION. WITHOUT LIMITING THE FOREGOING, NEITHER NILE LABS ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "NILE LABS PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

b) TO THE FULLEST EXTENT PERMITTED BY 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 SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT THE NILE LABS PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE NILE LABS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE NILE LABS PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

8) Indemnification

a) You agree to defend, indemnify and hold harmless the Nile Labs Parties from and against all claims and expenses, including attorneys' fees and costs, arising out of your use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Service.

9) Governing Law/Waiver of Injunctive Relief

a) This Agreement and all aspects of the Service shall be governed by and construed in accordance with the laws regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection, and you hereby consent to, and waive all defences of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts.

b) You acknowledge that the rights granted and obligations made hereunder to Nile Labs are of a unique and irreplaceable nature, the loss of which shall irreparably harm Nile Labs and which cannot be replaced by monetary damages alone so that Nile Labs shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).

c) Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Terms ("Dispute"), you and Nile Labs agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.
 
d) Binding Arbitration. If you and Nile Labs are unable to resolve a Dispute through informal negotiations, either you or Nile Labs may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

e) Restrictions. You and Nile Labs agree that any arbitration shall be limited to the Dispute between Nile Labs and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

f) Exceptions to Informal Negotiations and Arbitration. You and Nile Labs agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Nile Labs’ intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.

10) Waiver/Severability

a) The failure of Nile Labs to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of Nile Labs’ right to assert or rely upon any such provision or right in that or any other instance.

b) You and Nile Labs agree that if any portion of these Terms, except any portion of section 12(e), is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect. If Section 12(e) is found to be illegal or unenforceable then neither you nor Nile Labs will elect to arbitrate any Dispute falling within that portion of Section 12(e) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction, and you and Nile Labs agree to submit to the personal jurisdiction of that court.

11) Miscellaneous

a) Nile Labs operates and controls the Bubble Shock Game Service from its offices in Egypt. Nile Labs makes no representation that the Service is appropriate or available in other locations. The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Nile Labs to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Software from the Service may be subject to export controls. These Terms are effective until terminated by either party. You may terminate these Terms by destroying all Service-related materials obtained from the Bubble Shock Game Service, Nile Labs or any other related web site or source. The privileges granted to you under these Terms will terminate immediately and automatically without notice from Nile Labs if, in our sole discretion, you fail to comply with any term or provision of these Terms. Neither the course of conduct between the parties nor trade practice will act to modify these Terms to any party at any time without any notice to you. You may not assign these Terms without Nile Labs’ prior written consent. These Terms contain the entire understanding of you and Nile Labs, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified by you except as posted on the Service by Nile Labs. If any provision of these Terms is found to be illegal or unenforceable, the Terms will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Upon Nile Labs’ request, you will furnish Nile Labs any documentation, substantiation or releases necessary to verify your compliance with these Terms. You agree that these Terms will not be construed against Nile Labs by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

12) Statute of Limitations

a) You and Nile Labs both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, Terms, Refund Policy or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.