· 1.191BIZ CO.,LTD makes great games that offer fun, bitesize entertainment experiences for everyone to enjoy. We at 91BIZ CO.,LTD respect the privacy of everyone who uses our games, website(s) and all related services which we may provide to you from time to time (“Services”). In this document we refer to 91BIZ Company Limited as “91BIZ CO.,LTD” “us”, “we” or “our” and we refer to you as “you” and “your”.
2. About us
· 2.1We are a company called 91BIZ CO.,LTD Company Limited. We are registered in Ho Chi Minh City, Vietnam. Our registered office is Num 3, Street 13, Ward 4, District 2, HCMC, Vietnam.
3. Information we collect about you, and how we collect it
· 3.1We may collect and process the following data about you: · information that you provide us with when you fill in forms when using our Services, or when you create an account with us; · details of your use of our Services and the resources that you access (for example, information about how and when you play our games or visit our website(s), or what device you use to access our Services); · if you contact us or respond to messages and communications that we send to you, we may keep a record of that correspondence; · your interactions with us on our social media channels; and · information we collect via cookies, as explained further below.
5. Payment Information
· 5.1When you purchase Services on our website(s), we may collect certain payment information from you on behalf of our payment service providers, but this information is temporarily cached in a way that is unreadable by 91BIZ CO.,LTD. When you purchase items via our apps (such as those you can purchase in the App Store, Windows Phone Store, Windows Market Place, via Amazon Kindle or on Google Play) we do not collect or store any payment information from you.
6. How will we use your Personal Information?
7. Will we share your Personal Information with third parties?
8. Interaction with third party social networks or platforms
· 8.1You may allow our Services to interact with a third party social network or platform, which will provide data about you to us. These applications or websites are created and maintained by a third party which is not a part of, or controlled by 91BIZ CO.,LTD. You should ensure that you read their terms of service and privacy policies to understand how they treat your data and what data they might share with us.
· 8.2You understand that where you allow your account with us to interact with any third party social network or platform, we may share data about you with your contacts (and vice versa) in order that you may enjoy playing socially. This data includes your name, your social media profile picture and your scores and/or progress in our games.
· 8.3You can make changes to what data a third party social network or platform shares with us, or stop our Services interacting with that social network or platform by adjusting your settings with that third party provider, however you may find you are not able to enjoy all of the same features of our Services.
9. For how long will we retain your information?
10. Will we transfer your Personal Information overseas?
11. How do we protect your Personal Information?
· 11.1The security of your Personal Information is important to us. We maintain appropriate technical and physical safeguards to protect your Personal Information against accidental or unlawful destruction or loss, alteration, unauthorised disclosure or access, use and all other unlawful forms of processing of the data in our possession. We use the same level of skill in protecting your Personal Information as other similar games developers. However, since the internet is not a completely secure environment we cannot guarantee that information you transmit via our Games will not be accessed, disclosed, altered or destroyed by breach of any of our safeguards.
12. Links from our Services
13. Your rights in relation to your Personal Information
· 13.1You have the right to request a copy of the information that we hold about you. If you would like a copy of some or all of your Personal Information, please contact us at firstname.lastname@example.org - we may make a small charge for this.
· 13.2We want to make sure that your Personal Information is accurate and up to date. You may ask us to modify, correct or remove information by contacting us at the email address above.
· 13.3Information that you have shared via our Services on any social network or third party platform cannot be amended or deleted by us where it is in the control of that social network or third party platform. In addition, where any third party copies information which you have made available via the use of our Services (for example, one of your friends on a social network you allow to interact with your account), we may not be able to amend or delete it because it may not be in our control.
· 13.4You have the right to ask us not to use your Personal Information for marketing purposes. To change your marketing preferences, or to unsubscribe, please contact us at email@example.com
14. How to contact us
· 14.1To find out more about how your Personal Information will be used please contact us by email at the address above.
· 15.1We hope that you won’t have any complaints about us or our Services. If you are unhappy with our use of your Personal Information then please contact our customer services department by emailing firstname.lastname@example.org You also have the right to complain to your local data protection authority if there is a problem.
16. Legal matters
Terms of Service
These Terms of Service (the “Terms”) govern your access to and use of 91BIZ CO.,LTD. (“91BIZ CO.,LTD”, “We” or “our”) applications, websites (“Site”) and services (collectively, the “Service”), so please read these terms carefully before using the Services. By accessing or using our Service, you agree to be bound all of the terms and conditions described in these Terms. If you do not understand or do not agree to all of these Terms, do not use our Service. Use of our Service is void where prohibited.
1. Your Acceptance of the Terms of Service By registering for an Account or otherwise using the Service, you represent that (1) you are age 14 or older, and if you are between the ages of 14 and 18, your legal guardian has reviewed and agrees to these Terms of Service, (2) you understand and agree to these Terms of Service, and (3) you have the power to form a binding contract with 91BIZ CO.,LTD and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. Our Service exists on a number of different platforms. Please be aware that your activities on each of these platforms are also subject to the terms of service for that platform.
3. Intellectual Property Rights and Ownership
a. Content.You may access and use the Site, Services and Content for your own personal non-commercial use. “Content” means all software, communications, images, sounds, and material perceived or made available by the Service including but not limited to all accounts, characters created, Virtual Currency, and Virtual Goods acquired and developed during the course of the Service, are the sole and exclusive property of 91BIZ CO.,LTD or its licensors. 91BIZ CO.,LTD may use all Content for any purpose, including for commercial or promotional use without restriction or compensation to you. 91BIZ CO.,LTD and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, Content and the trademarks, service marks and logos contained therein. All Content is copyrighted under United States copyright laws and/or similar laws of other jurisdictions, protecting it from unauthorized use. 91BIZ CO.,LTD, its logos, and the Service’s names are trademarks of 91BIZ CO.,LTD and may not be used without 91BIZ CO.,LTD’ express written permission. You agree not to copy, redistribute, publish or otherwise exploit any Content in violation of the intellectual property rights of 91BIZ CO.,LTD or any other third party. Unless otherwise specified in writing, all Content is owned, controlled, or licensed by 91BIZ CO.,LTD. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Service (other than your User Submissions). If you provide 91BIZ CO.,LTD with comments, suggestions or feedback about, or in connection with, the Service (collectively, “Feedback”), you agree that such Feedback shall be the exclusive property of 91BIZ CO.,LTD, and you hereby assign all rights, title and interest in and to such Feedback to 91BIZ CO.,LTD. You agree that unless otherwise prohibited by law, 91BIZ CO.,LTD may use, sell, disclose and otherwise exploit the Feedback in any way and for any purpose, without restriction and without compensation to you.
b. User Submissions.(i) License Grant. The Service may invite or enable you and other users to create, submit, post, display, transmit, perform or distribute communications, content and materials (including without limitation text, writings, graphics, photographs, images, comments, personally identifiable information, video files and so forth), including without limitation, by making the foregoing available to 91BIZ CO.,LTD and other users of the Service, whether via discussion groups, message boards, messaging services, blogs or other functionality of the Service or portions thereof (collectively, “User Content”). You are entirely responsible for all User Content you post or otherwise transmit via the Service. By uploading, submitting, emailing, posting, publishing or otherwise transmitting any User Content to 91BIZ CO.,LTD on the Service, you hereby grant 91BIZ CO.,LTD a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such User Content in any form, medium or technology now known or later developed, including without limitation on the Service and third party services. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the foregoing licenses to 91BIZ CO.,LTD. 91BIZ CO.,LTD shall own all right, title and interest in and to all derivative works and compilations of User Content that are created by 91BIZ CO.,LTD, including all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by 91BIZ CO.,LTD to give to 91BIZ CO.,LTD the full benefit of the rights granted to 91BIZ CO.,LTD by you. (ii) Limitations. You acknowledge and agree that 91BIZ CO.,LTD may, at its option, establish limits concerning User Content, including without limitation the maximum number of days that User Content will remain on Site, the maximum size of any files that may be stored on or uploaded to the Site, and the maximum disk space that will be allotted to you for the storage of User Submissions on 91BIZ CO.,LTD’ servers. 91BIZ CO.,LTD shall have no responsibility or liability and you are solely responsible for creating back-ups of your User Submissions. (iii) Disclaimer. 91BIZ CO.,LTD assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate or illegal content or conduct. 91BIZ CO.,LTD has no obligation to accept, display, review, maintain or otherwise exploit any User Content. If We choose at any time, in our sole discretion, to monitor the Service, We have the right, in our sole discretion, to edit, refuse to post, or permanently remove any User Content without notice and We may monitor and/or record your interaction with the Service or communications (including without limitation chat text and voice communications) when you are using the Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. 91BIZ CO.,LTD does not endorse any User Submission or any opinion, recommendation, or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against 91BIZ CO.,LTD with respect thereto. You may bring User Content that you believe violates these Terms of Service, or other inappropriate user behavior, to 91BIZ CO.,LTD’ attention by emailing email@example.com.
4. Third Party Links91BIZ CO.,LTD may provide links to third party applications, websites or resources from the Service. You acknowledge and agree that 91BIZ CO.,LTD is not responsible or liable for the availability or accuracy of such applications, websites or resources, and 91BIZ CO.,LTD does not endorse, such applications, websites or resources or the content, products, or services on or available from such applications, websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
6. Virtual Currencies / GoodsThe Service may include an opportunity to purchase virtual currency (“Virtual Currency”) or virtual goods (“Virtual Goods”) that may require you to pay using legal tender (that is, “Real Money”) to obtain the Virtual Currency or Virtual Goods. Your purchase of Virtual Currency is final and is not refundable, transferrable, exchangeable, except in 91BIZ CO.,LTD’ sole discretion. You may not purchase, sell, or exchange Virtual Currency outside the Service. Doing so is a violation of the Terms and may result in termination of your account with the Service and/or legal action. 91BIZ CO.,LTD retains the right to modify, manage, control and/or eliminate Virtual Currency and/or Virtual Goods at its sole discretion. Prices and availability of Virtual Goods are subject to change without notice. 91BIZ CO.,LTD shall have no liability to you or any third party for the exercise of such rights. You shall have a limited, personal, revocable, non-transferable, non-sublicensable permission to use solely permission to use solely within the Service Virtual Goods and Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by 91BIZ CO.,LTD. You have no other right, title or interest in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service.
7. Rules of ConductAs a condition of your use of the Service, and without limiting your other obligations under these Terms of Service, you agree to comply with the restrictions and rules of use set forth in this Section as well as any additional restrictions or rules (such as application-specific rules) set forth in the Service. The Service is for your personal and noncommercial use only. You agree you will not do any of the following while using or accessing the Site or Services: • Create User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, sexual, libelous, invasive of another’s privacy, hateful, discriminatory or ethnically offensive, or which may or may appear to impersonate anyone else; • Create or share any content that you do not have a right to make available under any law or under contractual or fiduciary relationships; • Create or share any content that infringes any patent, trademark, trade secret, copyright or other intellectual property, proprietary or other rights of any party; • Circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Content. • Use any meta tags or other hidden text or metadata utilizing a 91BIZ CO.,LTD name, trademark, URL or product name; • Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use the Service to send altered, deceptive or false source-identifying information; • Upload, share, email, or otherwise transmit (i) any User Content to which you do not have the lawful right to copy, transmit and display (including any User Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Content); (ii) any User Content for which you do not have the consent or permission of each identifiable person in the User Content to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Content) and such consent or permission in necessary; or (iii) any User Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity); • Upload, share, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes,” or any other form of solicitation; • Upload, share, email, or otherwise transmit, via the Service, any User Content that are unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contains objects or symbols of hate, invades the privacy of any third party, contains nudity (including without limitation any pornography, erotica, child pornography or child erotica), is deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent, or constitutes hate speech, or is otherwise objectionable in the opinion of 91BIZ CO.,LTD; • Upload, share, email, or otherwise transmit any User Content that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; • Upload, share, email, or otherwise transmit any User Content that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Content that is unrelated to the immediate, aesthetic nature of the User Content; • Upload, share, email, or otherwise transmit unreleased Service content (such as in-game items or equipment), areas that have been unlocked by hacking into client data files, or data not available through normal operation or game play on any portion of the Service. • Interfere with or disrupt (or attempt to interfere with or disrupt) the Service or servers or networks connected to the Service, or the technical delivery systems of 91BIZ CO.,LTD’ providers or disobey any requirements, procedures, policies or regulations of networks connected to the Service; • Attempt to probe, scan or test the vulnerability of any 91BIZ CO.,LTD system or network or breach or impair or circumvent any security or authentication measures protecting the Service; • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service; • Collect or store personal data about other users without their express permission; • Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering, or otherwise commit fraud; • Use the Service to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual; • Create any account by automated means or false pretenses, or use any other user’s Account for any purpose, including to circumvent a suspension or ban; • Participate in any action that, in 91BIZ CO.,LTD’ sole and absolute opinion, results or may result in an authorized user of the Service being defrauded out of virtual currency or virtual goods that the user has earned through authorized game play in the Service; • Sell the Service or any part thereof including but not limited to virtual currency or virtual goods, user accounts and access to them in exchange for real currency or items of monetary value; or • Engage in cheating or any other activity deemed by 91BIZ CO.,LTD to be in conflict with the spirit or intent of the Service. • Violate any applicable law, regulation, or ordinance; or • Use the Site or Services in any manner not permitted by this Agreement. 8. Copyrighted Materials: No Unauthorized Use YOU SHALL NOT USE THE SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. 91BIZ CO.,LTD has adopted and implemented a policy, stated below, that provides for the termination in appropriate circumstances of 91BIZ CO.,LTD Members who infringe or are believed to be infringing the rights of copyright holders: If you believe that your work has been copied in a way that constitutes copyright infringement, please provide 91BIZ CO.,LTD’ Copyright Agent listed below with the following information required under 17 U.S.C. § 512: • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; • Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Site; • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit 91BIZ CO.,LTD to locate the material; • Information reasonably sufficient to permit 91BIZ CO.,LTD to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted; • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 91BIZ CO.,LTD’ Copyright Agent for notice of claims of copyright infringement on or regarding this Site can be reached as follows: Copyright Agent 91BIZ CO.,LTD Email: firstname.lastname@example.org Upon receipt of notice as described above, 91BIZ CO.,LTD will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Site, and/or termination of the 91BIZ CO.,LTD Member’s account.
9. TerminationYou may terminate your account at any time and for any reason by sending an email to email@example.com. 91BIZ CO.,LTD may terminate your account and your access to the Service (or, at 91BIZ CO.,LTD’ sole option, applicable portions of the Service) at any time and for any reason. 91BIZ CO.,LTD is not required to provide you with any notice or warning prior to any such termination. You may, as the result of termination, lose your account and all information and data associated therewith, including without limitation your Virtual Currency and Virtual Goods, as applicable and 91BIZ CO.,LTD is under no obligation to compensate you for any such loss.
10. Disclaimer of WarrantiesYour use of the Site, Services, Content and User Submissions is at your sole discretion and risk. The Site, Services, Content and User Submissions, and all materials, information, products and services included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. 91BIZ CO.,LTD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. 91BIZ CO.,LTD disclaims any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Site; or (ii) that the Site, Services, Content and User Submissions will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from 91BIZ CO.,LTD, shall create any warranty not expressly stated in this Agreement. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
11. Limitation of LiabilityUNDER NO CIRCUMSTANCES SHALL 91BIZ CO.,LTD, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, LICENSORS OR AGENTS, BE LIABLE TO DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, CONTENT AND USER CONTENT WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT 91BIZ CO.,LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00).
13. Disputes with OthersYou are solely responsible for your interaction with other users of the Service and other parties with whom you come in contact through the Service. 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 91BIZ CO.,LTD and hereby agree to indemnify 91BIZ CO.,LTD 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.
15. FeedbackYour feedback is welcome and encouraged. You may submit feedback by emailing us at firstname.lastname@example.org. You agree, however, that (i) by submitting unsolicited ideas to 91BIZ CO.,LTD or any of its employees or representatives, you automatically forfeit your right to any intellectual property rights in these ideas; and (ii) unsolicited ideas submitted to 91BIZ CO.,LTD or any of its employees or representatives automatically become the property of 91BIZ CO.,LTD. You hereby assign and agree to assign all rights, title and interest you have in such feedback and ideas to 91BIZ CO.,LTD together with all intellectual property rights therein.
All rights reserved.