Giant Bear Technology - Terms of Service

Terms of Service

By downloading and creating an account or accessing our service, you accept and agree to the Terms of Service and Privacy Policy of Giant Bear Technology Limited, collectively Giant Bear. Giant Bear has the right to amend, at our discretion, any policy at any time in different forms of notification. You will be deemed to have accepted the amendments by continuing to use our Service. When creating an account, you may be required to provide Giant Bear with certain personal information. This information will be held and used in accordance with our Privacy Policy.

1. License

1.1. Ownership of Giant Bear

Giant Bear owns, has licensed, or otherwise has the right to use all of the content in Giant Bear’s products, include but not limited to the user accounts, virtual items and virtual currencies. You acknowledge and agree that you have no ownership to any of these resources.

1.2. Limited License

Giant Bear hereby grant you a non-exclusive, non-transferable, and revocable limited license to use the Giant Bear Service subject to the terms of the Giant Bear Policy. You understand that virtual items and virtual currencies are provided solely for your entertainment use, and that you have a limited license to use them under the Giant Bear Policy, not the ownership interest in them. Any “virtual currency” balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.

1.3. Trades of Virtual Items and Virtual Currency

Any purported transfers of virtual items or virtual currency outside of Giant Bear Service, unless otherwise authorized by Giant Bear, are strictly prohibited. Unauthorized purported transfers will lead to the termination of your account(s).

2. Game Account

2.1. Guest Account

If you use the Giant Bear Service without creating an account, we will create and assign to your device an user identification number that is similar to an account number (“Guest Accounts”). We will use the Guest Account information for providing customer supports to any users who have not created an account. Please be aware that we do not guarantee you any customer supports, the keep of your virtual items or currency if you change your mobile device without creating an account.

2.2. Deactivating Your Account

You may freely delete your account at any time by contacting our customer support team at info@giantbear.co. We will respond to your request within 30 days.

3. User Content

You acknowledge and agree that you are solely responsible for all content you post or otherwise transmit via the Giant Bear Service. Giant Bear assumes no responsibility for illegal contents or the conduct of any user submitting any User Content or for the failure of monitoring any User Contents that may be inappropriate under the Giant Bear Policy. You further acknowledge and agree that any of your personal information within such content will at all times be processed by Giant Bear in accordance with its Privacy Policy.

3.1. License to Use User Content
You hereby grant Giant Bear a worldwide, royalty free, non-exclusive, and unlimited license to use any User Content that you upload, submit, or transmit through the Giant Bear Service, including, without limitation, the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, and publicly perform. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. You may revoke such a license by giving a written notice to us at any time at info@giantbear.co. In such a case, Giant Bear will cease any use of the User Content within 30 days after receiving such a notice from you.

3.2. Content Screening

You acknowledge and agree that Giant Bear may reject, refuse to post, delete, or edit any User Content for any reason at its sole discretion.

4. Fees and Purchase Terms

You agree to pay all fees and applicable taxes incurred by you. Giant Bear may revise the pricing for the goods and services it licenses to you through the Giant Bear Service at any time.

You agree and acknowledge that Giant Bear is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused virtual items when a game account is closed, whether such closure was voluntary or involuntary.

Some of Giant Bear Games may be described as a “free game” within the description page of App marketplaces. You may download and play such games free of charge, but they may charge real money for additional game content.

5. Your Responsibility in Using Service

You agree that, while using the Giant Bear Service, you will not, under any circumstances:

- send, post, transmit or make available any material or information that may be abusive, threatening obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;

- stalk, harass, threaten, or defraud other Giant Bear users or any members of Giant Bear support personnel;

- use, develop, or distribute any robot, spider, unauthorized script, unauthorized scraper or offline reader, or any other cheat, mod, hack or the like, or any unauthorized third-party software designed to modify or interfere with or provide automated access to or use of the Giant Bear Service;

- interfere with or disable any security-related features of the Giant Bear Service, or any part thereof;

- damage, disable, overburden, or impair the Giant Bear Service, including, without limitation, (i) by sending, posting, transmitting or distributing anything that contains a virus, spyware, or other harmful material intended to damage or interfere with the Giant Bear Service or (ii) attempting to disrupt servers that relate to the Giant Bear Service;

- make improper use of Giant Bear’s support services, including by submitting false abuse reports;

- misrepresent the source, identity, or content of information sent, posted, transmitted or made available via the Giant Bear Service;

- create a false identity or impersonate another person or entity, including, without limitation, identities falsely indicating that you are a Giant Bear official or representative, message board or community board moderator, another user or host, or that you are a celebrity or public figure;

- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any code or underlying ideas or algorithms of any part of the Giant Bear Service;

- modify any part of the Giant Bear Service without Giant Bear’s prior written consent;

- send, post, transmit or make available any content or information that may infringe any person or entity’s intellectual property rights or other property or personal rights, including rights of privacy and publicity;

- buy, sell, trade, or advertise to sell any virtual currency or items or Game Account for commercial purposes;

- send, post, transmit or make available any unsolicited or inappropriate content or other unsolicited or unauthorized commercial or promotional content, information, or communications without Giant Bear’s prior written consent

- attempt to collect any personal information about any users or to disclose such information;

- share the password of the Account or other information that let anyone else access your Game Account.

- access another user’s Game Account without permission;

- assist, permit or encourage any party in engaging in any of the activities described in the above listing; and

- use the Giant Bear Service in any manner that may violate any applicable laws or regulations or is prohibited by the Giant Bear Policy.

6. Third Party Advertising

Giant Bear may feature advertisements from third parties or provide links on the Giant Bear Service 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 Giant Bear Service and/or benefits (such as virtual items or virtual currency). Any charges or obligations you incur in your dealings with these third parties are your sole responsibility. Giant Bear makes no representation or warranty regarding any content, goods and/or services provided by any third party, and 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 Giant Bear and may collect data or solicit personal information from you. Giant Bear is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect.

7. SMS Notifications, Push Notifications & Local Notifications

We may send local or push notifications to your mobile device to make you aware of game updates, promotional events, new game information and other relevant messages regarding the game service. You can manage push notifications from the “options” or “settings” page within the relevant game. You may also be able to manage them from your device’s settings page for the relevant game. We will not send any SMS notification to your mobile device unless we obtain affirmative express consent from you in compliance with any applicable laws or regulations.

8. Copyright Notice

If you believe in good faith that any materials in Giant Bear Games, or Giant Bear branded websites may infringe your copyright-protected work under applicable copyright laws, you may provide an infringement notice to Giant Bear’s designated agent set forth below. For your notice to be effective, it must include the following information:

(a) Reasonably sufficient details to enable us to identify the work claimed to be infringed as well as the material claimed to be infringing;

(b) Your contact information, including your address and email address;

(c) A statement that you have a good faith belief that the disputed is not authorized by the copyright owner, its agent, or the law;

(d) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly Infringed; and

(e) Your physical or electronic signature.

The contact information of Giant Bear’s designated agent is as follows:

Giant Bear Technology Limited.

E-mail: info@giantbear.co

9. User Interactions

9.1. Member Disputes

You are solely responsible for your interactions with other users of the Giant Bear Service. We may, at its sole discretion, attempt to mediate disputes between users, but is not obliged to become involved in any way with such disputes.

9.2. Release

If you have a dispute with any users of the Giant Bear Service, you release us (and our officers, directors, agents, subsidiaries, and employees) from claims, demands and damages (actual and consequential) arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data.

10. Suspension & Termination of Giant Bear Service

Giant Bear may limit, suspend, or terminate your use of the giant bear service and/or game account if we have a reasonable belief that you fails to comply with any portion of the giant bear policy in accordance with the hive community stadnards.

Giant Bear reserves the right to stop providing or supporting any part of the Giant Bear Service or a particular game at any time either permanently or temporarily, at which point your license to use the Giant Bear Service or a part thereof will be automatically terminated or suspended. In such an event, Giant Bear is not required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Giant Bear Service.

11. Disclaimers & Indemnifications

11.1. Disclaimer of Warranties

You expressly acknowledge and agree that use of the Giant Bear 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.

Without limiting the generality of foregoing, neither Giant Bear nor any of their directors, employees, agents, third-party content providers, cooperators, distributors, licensees or licensors (collectively, “Giant Bear Parties”) warrant that the service will be uninterrupted or error-free.

11.2. Disclaimers of Liability

You acknowledge and agree that, 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 service under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence) and that Giant Bear Parties shall not be liable for any indirect, incidental, special, exemplary or consequential damages, including for loss of profits, goodwill or data, in any way whatsoever arising out of the use of, or inability to use, the service.

You further acknowledge and agree that Giant Bear Parties are not liable, and you agree not to seek to hold Giant Bear 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.

11.3. Indemnification

You agree to indemnify and hold harmless Giant Bear Parties from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of (a) your use or misuse of the Giant Bear Service, (b) any violation by you of the Giant Bear Policy, or (c) any breach of the representations, warranties, and covenants made by you herein.

Giant Bear may assume the defense of any matter for which you are required to indemnify Giant Bear by sending notice of such an intention to you. You shall use best efforts to cooperate with Giant Bear’s defense of these claims.

12. General Provision

12.1. Entire Agreement

The Giant Bear Policy is complete and exclusive understanding of you and Giant Bear relating to your use of the Giant Bear Service, and supersede all prior understandings of the parties hereto.

12.2. Language

The translation of English language version of the Giant Bear Policy is provided for informational purposes only and does not modify the English language version of the Giant Bear Policy. If there is a conflict between the English language version of the Giant Bear Policy and its translation, the English version of the Giant Bear Policy will control.

The failure of Giant Bear to require or enforce strict performance by you of any provision of the Giant Bear Policy or failure to exercise any right hereunder will not be considered a waiver or relinquishment of Giant Bear’s right to assert or rely upon any such provision or right in that or any other instance. An express waiver made by Giant Bear in one occasion is effective only in that instance and only for the purpose that it is given and is not to be construed as a waiver on any future occasion or against any other person.

12.3. No Waiver

12.4. Force Majeure

Giant Bear will not be liable for any delay or failure to perform resulting from any cause outside the reasonable control of Giant Bear, including, without limitation, any failure to perform under the Giant Bear Policy due to unforeseen cause beyond Giant Bear’s control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, change of law or administrative rules, fire, floods, network infrastructure failures, cyber crimes, strikes, or shortages of transportation facilities, fuel, energy, labor or materials

12.5. Severability

If any portion of the Giant Bear Policy is determined to be invalid, illegal or unenforceable by any court of competent jurisdiction, the remaining provisions of the Giant Bear Policy remain in full force and effect.