Last updated 7 May 2019
ISSUED BY ENGINE ROOM SP. Z O.O. (“EN”, or “we” or “us”).
THIS END USER LICENSE AGREEMENT (“EULA”) APPLIES TO AND GOVERNS ALL USE OF BIG BILL ( THE “GAME” ) AND OF THIS WEBSITE (BIGBILLGAME.VIVIDUNITY.COM) THE “WEBSITE”.
This EULA constitutes the entire agreement between EN and you in respect of the Game and the Website.
Engine Room Sp. z o.o. is a company registered in Poland, with company number 0000572520. Our registered office is Agrestowa 27a, 05-830 Rusiec, Poland.
If you have any queries concerning this EULA you may contact us at email@example.com.
“Big Bill” is owned by EN. The terms “Big Bill” and the “Game” includes all the software and materials that are made available by EN in order for you to download, install or use the Game; any Online Service (defined below); and any Virtual Items (defined below).
Please note that the Game rely on Internet connectivity and the availability of our Online Service (as explained further below) for much of its functionality..
You are responsible for ensuring that you have an Internet connection and that the device you use has sufficient system requirements and memory in order to play and store the Game.
The Game comprises copyright works of EN and/or its licensors. The Game are licensed, not sold. Your license confers no title or ownership in the Game. The Game and Website are solely for use by end users according to the terms of this EULA. Any use, reproduction or redistribution of the Game or Website not in accordance with the terms of this EULA is expressly prohibited.
1. LIMITED USE LICENSE.
EN hereby grants a limited, non-exclusive right and license to download, install and use the Game for your personal, non-commercial use only on compatible devices that are owned by you, subject to the terms of this EULA. Further, EN grants you a limited, non-exclusive right and license to use the Website for your personal, non-commercial use. This EULA and your use of the Game or Website do not give you any rights of ownership in any property whether tangible or intangible (including in any Virtual Item). Where the Game allows you to, this licence includes the right to use the Game to communicate with other users of that Game using the Online Service via pre-determined messages only.
2. END USER OBLIGATIONS.
2.1 You may use the Games for your own personal, non-commercial use as described in this EULA but you are not entitled to and must not do any of the following except to the extent expressly permitted by this EULA:
2.1.1 sell, copy, reproduce, translate, communicate, reverse engineer, publish, stream, distribute, rent, loan, sub-licence, derive source code from, modify, adapt, merge, disassemble, decompile, create derivative works based on or otherwise transfer or deal in copies or reproductions of the Game or any part or interest in it to other parties in any way except where the Game expressly permits you to do so through sharing content in the Game on social media;
2.1.2 engage in any act that EN deems to be in conflict with the spirit or intent of the Game, Website, and/or the Online Service including without limitation using cheats, exploits, automation software, bots, hacks, mods or any unauthorised third-party software designed to modify or interfere with the Game;
2.1.3 attempt to gain unauthorised access to the Website, Online Service or to the computers, devices, servers, or networks connected to the Online Service by any means other than the user interface provided by EN; or
2.1.4 use the Website, Game for any illegal or immoral purposes.
3.1 All right, title, interest and ownership rights in the Website, Game and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trademarks (whether registered or unregistered) and any applications therefor and other intellectual property rights (“Intellectual Property Rights”), in or connected with the Website and Game and each part thereof (including by way of example only any titles, code, themes, objects, concepts, artworks, animations, audio-visual effects and methods of operation) and any copies, translations, modifications, adaptations and any other derivative based on the Website or Game are owned by, belong to and vest in EN or its licensors.
3.2 The Game or the Website may contain certain licensed materials. All trademarks are the property of their respective owners.
4.1 This EULA and the licence granted by it are effective until terminated.
4.2 You may terminate this EULA at any time and for any reason by deleting and removing the Game from your device.
4.3 EN may terminate this EULA if you fail to abide by any of the terms and conditions of this EULA at any time and for any reason or we reasonably suspect that you have failed to abide by any of the terms and conditions of this EULA. EN may take any action it deems reasonable in its sole discretion against users who do not comply with the terms of this EULA, which may include banning users from any of the Game. EN reserves the right to determine what conduct it considers to be in violation of, or otherwise outside the intent or spirit of, this EULAand/or Website and/or Game and/or any Online Service. However, if what you have done can be put right we will give you a reasonable opportunity to do so.
4.4 Following termination in the case of the Game, you will no longer be permitted to use the Game and you will be required to delete the Game from your device.
5. WARRANTY AND LIMITATION OF LIABILITY.
5.1 EN WARRANTS THAT IT HAS USED AND WILL USE REASONABLE EFFORTS TO ENSURE THAT:
5.1.1 IT IS ENTITLED TO GRANT THE RIGHTS AND LICENCES GRANTED HEREUNDER; AND
5.1.2 THE GAME (INCLUDING ANY VIRTUAL ITEMS) WILL BE OF SATISFACTORY QUALITY.
5.2 EXCEPT AS SPECIFICALLY PROVIDED IN THIS EULA AND TO THE MAXIMUM EXTENT PERMITTED BY LAW:
5.2.1 THE GAME AND WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR GUARANTEE OF ANY KIND (EXPRESS OR IMPLIED) OTHER THAN THOSE SET OUT IN THIS EULA;
5.2.2 EN ONLY ACCEPTS LIABILITY FOR DIRECT LOSS AS A RESULT OF ITS BREACH OF ITS WARRANTIES IN CLAUSE 5.1 ABOVE UNLESS OTHERWISE SET OUT IN THIS EULA;
5.2.3 EN AND ITS LICENSORS’ MAXIMUM LIABILITY WILL BE LIMITED TO £100;
5.2.4 EN AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL OR INDIRECT LOSS OR DAMAGE (SAVE TO THE EXTENT THAT DAMAGE TO YOUR DEVICE OR OTHER DIGITAL CONTENT WHICH YOU OWN IS CAUSED BY THE WEBSITE OR GAME AS A RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL IN WHICH CASE YOU MAY BE ENTITLED TO COMPENSATION OR WE MAY BE OBLIGED TO REPAIR YOUR DEVICE);
5.2.5 EN DOES NOT GUARANTEE THAT THE OPERATION OF THE WEBSITE OR GAME WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS CAN OR WILL BE CORRECTED, OR THAT THE WEBSITE OR GAME OR THE ONLINE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
5.2.6 YOU INSTALL AND USE THE GAME, AND USE THE WEBSITE AT YOUR OWN RISK.
5.3 THIS EULA SHALL NOT LIMIT ANY RIGHTS YOU MIGHT HAVE AS A CONSUMER THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW NOR SHALL IT EXCLUDE OR LIMIT ANY LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, OR DEATH OR PERSONAL INJURY CAUSED BY EN’S NEGLIGENCE.
In the event that any provision of this EULA (including, without limitation, any restriction) shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this EULA shall remain in full force and effect.
7. APPLICABLE LAW AND JURISDICTION.
7.1 This EULA and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of Poland and the courts of Poland shall have exclusive jurisdiction to settle any dispute or claim.
8. ONLINE SERVICE.
8.1 EN provides and maintains certain online functionality, online network play connectivity and interactivity and other online features relating to the Game (“Online Service“) subject to the terms and conditions of this EULA.
8.2 Our Online Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us at firstname.lastname@example.org so that we will be able to take necessary actions.
8.3 You further agree that you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute EN or the Game.
8.4 Where a Game allows you to share pre-determined messages with other users, EN shall be entitled to remove, restrict, suspend or alter that ability for any reason in its sole and absolute discretion.
8.5 You will cooperate fully with EN to investigate any suspected unlawful, fraudulent or improper activity.
8.6 If you feel that the behaviour of another user breaches this EULA then please let EN know by sending an email to email@example.com with details of the potential breach and/or the user responsible. EN will take reasonable steps to deal with any breach.
9. VIRTUAL ITEMS.
9.1 As part of and to enhance your use and enjoyment of the Game you may be able to obtain additional features that form part of the experience of the Game (“Virtual Items”).
9.2 Virtual Items include (without limitation):
9.2.1 Helmet, Give immunity to musquitos
9.2.2 Gold Chain, Unlocks bonus music track
9.2.3 Sneakers, Makes you move faster
9.2.4 SunGlasses, Makes extra food-items visible
9.2.5 Chopper, Makes you fly
9.2.6 JetPack, Makes you fly faster
9.2.7 Ray-Glasses, Makes you see invisible Food items
9.2.8 Shooter, Extension that makes you shoot “bag guys” (musquitos and bad food)
9.2.9 Seeds, Pick up seeds by tapping on them, and plant a tree or plant that grows Truffles untill it’s ready to harvest.
9.2.10 Fuel, When Fly device is active fuel pick-ups will appear
9.2.11 Ammunition, When Shooter is active, ammunition packs will appear as pickup
9.2.12 Truffles, which can be obtained free of charge as part of and as a result of your playing the Game and
9.2.13 Any other additional features contained in the Game such as [DETAILS] which can be obtained free of charge as part of and as a result of your playing the Game or by exchanging Truffles.
9.3 Virtual Items are gameplay features of the Game, they have no cash or real world value, they are not redeemable or exchangeable for anything with a real world value and they can be used as part of the Game only, in accordance with this EULA.
9.4 It is a condition and fundamental term of this EULA and your use of the Game that you may not and must not buy, sell, barter, swap, exchange, trade, lend, rent or otherwise deal in any way with any aspect of the Game (including any third party account you use in relation to the Game) or any Virtual Item (including Truffles) outside of the Game or in any way other than as expressly provided above, namely that certain Virtual Items may only be exchanged for certain other designated Virtual Items in and as part of the Game only.
9.5 EN may manage, vary, regulate, control, modify or eliminate Virtual Items in its sole discretion, with or without notice (including not supplying Virtual Items if it is reasonable to do so). EN shall have no liability to you or any third party in the event that EN exercises such rights.
9.6 Your statutory rights are unaffected by this EULA.
10. CONSUMER RIGHTS.
10.1 These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law.
10.2 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
11. APPLE DEVELOPER TERMS
11.1 The following terms of this clause are the terms which EN is required by Apple to notify you of and obtain your consent in respect of using the iOS version of the Game (Apple iPad, iPhone and iPod etc.):
11.2 You and EN acknowledge that this EULA is concluded between you and EN only, and not with Apple Inc., nor any subsidiary or affiliate company of Apple Inc., (“Apple”). You also acknowledge that EN is solely responsible for the Game and the content thereof.
11.3 Subject to your compliance with all conditions of this EULA EN grants you a non-exclusive, personal, revocable, non-transferable license to use the Game on an iOS Product which you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service (https://www.apple.com/uk/legal/sales-support).
11.4 EN is solely responsible for providing support and maintenance for the Game. You and EN acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Game.
11.5 You acknowledge that EN, and not Apple, is responsible for addressing any claims you may have relating to the Game or your possession and/or use of the Game, including but not limited to:
11.5.1 product liability claims;
11.5.2 any claim that the Game fail to confirm to any applicable legal or regulatory requirement; and
11.5.3 claims arising under consumer protection or similar legislation.
11.6 You acknowledge that in the event of a third party claim that the Game or your possession and use of the Game infringes that third party’s intellectual property rights, then EN shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.
11.7 You confirm that:
11.7.1 you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and
11.7.2 you are not listed on any US Government list of prohibited or restricted parties.
11.8 You acknowledge and agree that Apple are third party beneficiaries of this EULA, and that when you accept the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.
11.9 EN uses third party software and services provided in the Game (explained above). Use of the Game is therefore subject also to your acceptance and compliance of these third party terms and you agree to comply with the applicable third party terms and conditions when using the Game. More information about this can be found in our Privacy and Data Policy.
12.1 Although EN is responsible for the advertisements that are placed in the Game or on the Online Service, we do not control the specific content of those adverts. We do, however, have control over the general types of advertisements that are placed in the Game to ensure that the Game does not contain any inappropriate advertisements.
12.2 Please report any advert that you find offensive or inappropriate to firstname.lastname@example.org
12.3 If you click on any advert you will be dealing with external companies responsible for that advert. EN does not control the actions of these companies or the content of their websites.
13. INDEMNITY AND REMEDIES.
13.1 You hereby indemnify (agree to compensate), defend and hold harmless EN and EN’s affiliates, officers, directors, owners, licensors, service providers, partners, contractors, employees, agents and licensees (collectively, the “Indemnified Parties“) harmless from and against any and all any liabilities, claims, costs and expenses (including legal expenses and lawyers’ fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this EULA or claims arising directly or indirectly from your use or misuse of the Website or the Game (which includes Virtual Items and the Online Service), and any negligent or improper use of your device, password and username; and / or any use otherwise than in accordance with the terms of this EULA. You shall fully cooperate with EN in the defence of any such claim and EN reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
13.2 You further agree that the subject matter of this EULA is of a unique character with special value and that EN would be irreparably damaged if the terms of this EULA were not specifically enforced, and therefore you agree that EN shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies (including injunctive relief) with respect to breaches of this EULA, in addition to such other remedies as EN may otherwise have available to it under applicable laws.
13.3 EN’s licensors shall be third-party beneficiaries under this EULA and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.
14. CHANGES TO THIS EULA
14.1 We may update the terms of this EULA from time to time for any reason by posting the updated version on the Website. Every time you launch any of the Game on your device you are deemed to have accepted the terms of the EULA in place at that time. Accordingly, we suggest you check the Website for any updates to the EULA each time you launch any of the Game on your device.