The following restrictions and conditions apply to the use of Service and creating and maintaining the Account (as such term defined below):
You shall not create an account in connection with the Site and/or Service (an "Account"), or access Service if you are under the age of 13;
You shall monitor your Account to restrict use by minors, and you shall deny access to children under the age of 13. You accept full responsibility for any unauthorized use of Service by minors in connection with your Account. You are solely responsible for any use of your credit card or other payment instrument (e.g. PayPal) by minors;
You shall not create an Account or use Service if you are a convicted sex offender;
You shall not have an Account or use Service if you have previously been removed by Brightika or previously have been banned from playing any Brightika's games;
You shall not use Service if you are located in a country embargoed by the United States or if you are a resident of any nation that is on the U.S. Treasury Department's list of Specially Designated Nationals.
You shall use your Account only for non-commercial purposes;
You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to any other user or third party;
You shall not use your Account to engage in any illegal conduct; and
You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone without Brightika's written permission;
You shall not access or use an Account that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without Brightika's consent.
Notwithstanding the foregoing, Brightika may refuse to provide Services to any person for any reason or no reason whatsoever.
«rightika reserves the right to make changes or updates with respect to or in the Content of the Site or the format thereof at any time without notice. Brightika reserves the right to terminate or restrict your access to the Site for any reason whatsoever at its sole discretion.
DESCRIPTION OF SERVICE
Through use of your personal computer or other electronic devices ("Device") and this Site you may play Brightika's games and use related Services available on the Site.
You hereby acknowledge and agree that your login, number, name and profile picture may be publicly available to other users and some search engines may index your name and profile photo, if any.
During the Account setup process, you may be required to select a specific username and password ("Login Information"). The following rules govern the security of your Login Information:
You shall not share the Account or the Login Information with any third party, let anyone else access or use your Account, or do anything else that might jeopardize the security of your Account;
In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Brightika and modify your Login Information;
You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you; and
You are solely responsible for any unauthorized use of your Account.
«rightika reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that your username violates such third party's rights. WARRANTIES AND DISCLAIMERS
Although care has been taken to ensure the accuracy of the information on this Site, Brightika assumes no responsibility therefor. ALL CONTENT IS PROVIDED "AS IS" AND " AS AVAILABLE." BRIGHTIKA HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS SITE OR THE CONTENT. BRIGHTIKA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS SITE. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED. BRIGHTIKA DOES NOT WARRANT THAT THE SITE OR THE SERVERS WHICH MAKE THIS SITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY BRIGHTIKA ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except agreed by Brightika in writing, contractors, agents, dealers or distributors of Brightika or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.
The Site may contain references to specific Brightika games and Service that may not be (readily) available in a particular country or region. Any such reference does not imply or warrant that any such products or Service shall be available at any time in any particular country or Device.
IN NO EVENT SHALL BRIGHTIKA OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS SITE OR THE CONTENT, PRODUCTS, SERVICE, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THIS SITE, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF BRIGHTIKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST BRIGHTIKA PERTAINING TO OR IN CONNECTION WITH THIS SITE MUST BE COMMENCED AND NOTIFIED TO BRIGHTIKA IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, BECAUSE SOME JURISDICTIONS DO NOT ALLOW OR LIMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO ALL CIRCUMSTANCES.
Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.
WARRANTIES AND DISCLAIMERS
You agree that you will not, under any circumstances:
Make improper use of Brightika's Services, including, without limitation, by submitting false abuse reports or using profane and abusive language in your communications with our personnel; or
Use the Service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Service or any Brightika game experience;
Use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third party software designed to modify or interfere with the Service or any Brightika game experience;
Without Brightika's express written consent, modify or cause to be modified any files that are a part of the Service;
Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Service, Site or any Brightika game environment (each a "Server"); or (2) the enjoyment of the Service or any Brightika game by any other person;
Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service; or
Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Brightika, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;
Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
Make available through the Service 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 or impersonates any other person, including without limitation a Brightika employee;
Use the Service or any part thereof for any commercial purpose, including but not limited to communicating or facilitating any commercial advertisement or solicitation;
Transmit unauthorized communications through the Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;
Use any unauthorized third party software that accesses, intercepts, "mines", or otherwise collects information from or through the Service or that is in transit from or to the Service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service to store information about Brightika game characters, elements, or environment. Brightika may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Service, whether through the use of a network analyzer, packet sniffer or other device;
Make any automated use of the system, 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 Brightika employs to restrict access to the service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;
Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service; or (2) any connection using programs, tools, or software not expressly approved by Brightika;
Except where permitted by law or relevant open source licenses, 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 Service, or to obtain any information from the Service using any method not expressly permitted by Brightika; or
Solicit or attempt to solicit personal information from other users of the Service;
Collect, harvest or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service; or
Upload or transmit or attempt to upload or transmit, without Brightika'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").
TERM AND TERMINATION
WITHOUT LIMITING ANY OTHER REMEDIES, BRIGHTIKA MAY LIMIT, SUSPEND, TERMINATE,
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
Brightika reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. In such event, unless such suspension or termination is caused by Brightika's grossly negligent or willful acts, Brightika shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service.
Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE SERVICE IN ANY WAY.
This Site may provide links to other Sites that are not under the control of Brightika. Brightika shall not be responsible in any way for the content of such other Sites. Brightika provides such links only as a convenience to the user of this Site, and the inclusion of any link to any such websites does not imply endorsement by Brightika of the content of such websites. THIRD PARTY MATERIALS
Brightika may also participate in a third party affiliate programs utilizing its Products,
services and Site ("Affiliate Programs"). Most of these Affiliate Programs work seamlessly
with the Brightika's games and/or Services and do not effect or interfere with your
operation of Site, games and/or Services or your user-experience, at the same time,
essentially enabling Brightika to be credited for the results of your searches and
user-activity on the Site. Brightika's participation in the Affiliate Programs enables
Brightika to enhance your enjoyment of Site, games and/or Services, while allowing
Brightika to provide you with high quality free content that you can enjoy while visiting
our Site and playing our games and using our Services. Please
note however that such Affiliate Programs are not under Brightika's control and subject to the applicable licenses, privacy policies and terms and conditions.
You hereby expressly agree that all rights, title, and interest in and to all intellectual property rights, including, without limitation, patents, copyright, trademark, trade secrets and all other related proprietary rights in this Site and/or Content (including but not limited to Software, Service, audio, video, text and photographs) rests with Brightika and/or its licensors Brightika and/or its licensors are the sole and exclusive owners thereof. All rights in the Site and/or Content not expressly granted herein are reserved. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site and/or Content, its products or Service except as expressly authorized herein. Except as otherwise provided, the Content published on this Site may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the Content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of Brightika is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
Brightika hereby disclaims any rights to trademarks, Service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties listed above are the properties of their respective owners. Third Party Material are the properties of their respective owners. Brightika disclaims any proprietary interests in the intellectual property rights other than its own.
INFORMATION PROVIDED BY YOU/FEEDBACK
You may from time to time provide suggestions, specifications, comments or other feedback to Brightika via Brightika's forums or otherwise with respect to Brightika's Site, games or Services (hereinafter "Feedback"). You hereby agree that all Feedback is and shall be entirely voluntary and (i) shall be deemed a derivative work based on Brightika's proprietary materials, (ii) shall be owned by Brightika, and (iii) absent separate agreement, shall not create any confidentiality obligation for Brightika. However, Brightika shall not disclose the source of any Feedback without yours consent. Except as otherwise provided herein, Brightika shall be free use such Feedback as it sees fit, entirely without obligation of any kind.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement,
please provide Brightika's Copyright Agent the written information specified below. Please note
that this procedure is exclusively for notifying Brightika and its affiliates that your
copyrighted material has been infringed.(hereinafter "Feedback"). You hereby agree that all
Feedback is and shall be entirely voluntary and (i) shall be deemed a derivative work based
on Brightika's proprietary materials, (ii) shall be owned by Brightika, and (iii) absent
separate agreement, shall not create any confidentiality obligation for Brightika. However,
Brightika shall not disclose the source of any Feedback without yours consent. Except as
provided herein, Brightika shall be free use such Feedback as it sees fit, entirely without obligation of any kind.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Site, including the auction ID number, if applicable;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Brightika's Copyright Agent for notice of claims of copyright infringement on its Site can be reached as follows: Address: 333 S. E. 2nd Avenue, Suite 2000 Miami, Florida, 33131
Contact at brightika.com/#form.
Certain Software of Brightika and its licensors made available for downloading in connection with this Site (the "Software") is licensed subject to the terms of the applicable license agreements("End User License Agreement"). Both the Software and any accompanying documentation made available to you is the copyrighted work of Brightika or its licensors, as applicable. Except as set forth in the applicable End User License Agreement, the Software is made available for use by you only and any further copying, reproduction or redistribution of the Software is expressly prohibited. You must agree to the terms of the applicable End User License Agreement to download or obtain Software.
You may not use, copy, republish, frame, emulate, clone, download, transmit, rent, lease, loan, sell, assign, modify, distribute, license, sublicense, decompile, disassemble, create a derivative work or otherwise reverse engineer, or transfer the licensed program, or any subset of the Site, Software or Service, except as expressly authorized herein or in the applicable license agreement. Any such unauthorized use shall result in immediate and automatic termination of your license to use this Site and, as applicable, of the license for Brightika's Software and Service and may result in criminal and/or civil prosecution.
WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE, PRODUCTS AND SERVICE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. BRIGHTIKA HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE
Without limiting the foregoing, Brightika makes no warranty that: the Service and products will meet your requirements; the Service and products will be uninterrupted, timely, secure, or error-free; the results that may be obtained from the use of the Service or materials will be effective, accurate, or reliable; the quality of any Service or products purchased or accessible by you through the Site will meet your expectations; any errors in the software obtained from or used through the Site, or any defects in the Site, its Service or products, will be corrected.
UNLAWFUL OR PROHIBITED USE
LINKING TO THE SITE
Linking to the Site is permitted provided that you comply with these rules. You may link to the home page of the Site or to any other page of this Site. However you are not allowed to use in-line linking or framing. You must not imply that Brightika endorses or sponsors the linker or its Site, products or Service. You must not use Brightika's intellectual property including but not limited to trademarks, trade name, copyright without permission from Brightika. Furthermore, you agree to remove the link at any time upon our request.
Brightika does not bear any responsibility nor assumes any risks if by any reason a product or a Service made available on this Site breaches national law of any state. Those who access this Site do so on their own initiative and are responsible for compliance with their national laws.
Copyright © 2019, Brightika, Inc., and its licensors. All rights reserved. This Site and accompanying games and materials are the copyrighted property of Brightika, Inc. and/or its licensors and protected by copyright laws and international intellectual property treaties. Brightika and related logo, and all related Software and Service names, design marks and slogans are the trademarks and/or registered trademarks of Brightika, Inc. or its affiliates. All other products and service marks contained herein are the trademarks of their respective owners. Any use of the Brightika or third party trademarks or logos without the prior written consent of Brightika, Inc. or the applicable trademark owner is strictly prohibited.