Bubadu Terms of Service and EULA

Bubadu is a trademark of Pilcom d.o.o, a company registered in Slovenia, with registration number 1318349000 and address at this date at Bračičeva ulica 21, 1380 Cerknica, Slovenia, EU (‘’Bubadu’’, ‘’We’’), who offers entertaining mobile applications (‘’App/s’’). This privacy statement describes how Bubadu collects and uses the information and/or data (the terms are used interchangeably) you provide. It also describes the choices available to you regarding our use of your information and how you can access the information. We respect your privacy and we take protecting it seriously.

Definitions

"App" means all software programs distributed, published or otherwise made available by Bubadu notwithstanding the manner of the distribution, including any updates and upgrades as well as accompanying documentation, and any and all copies of such software.

"Service" means all services made available by Bubadu through the App.

"Services" means Application and Service.

YOUR CONSENT

Your use of our Services is subject to the terms and conditions set forth in this Agreement. By installing, using or accessing the App and/or the Services or any materials included in or with the Services, you hereby accept the terms of this Agreement.

By purchasing or using our App you represent to us that they are at least 18 years of age, or if under 18 years of age they are either an emancipated minor, or possess the legal consent of a parent or legal guardian, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

If you do not accept the terms of this Agreement do not install, use or access the Services.

The main characteristics of each App can be found in the app stores’ descriptions.

LICENSE & TERM

Through the purchase or use of the App, You are acquiring and Bubadu grants You a personal, revocable limited, non-exclusive, non-sub-licensable, non-transferable license to install and use the Application/Service for Your own non-commercial use subject to the limitations defined in this Agreement. The Application/Service is being licensed to You and You hereby acknowledge that no title or ownership in the Application/Service is being transferred or assigned to You. Your rights granted herein are subject to Your compliance with this Agreement and You agree not to use the Application for any other purpose.

The term of your licenses under this Agreement shall commence on the date that you accept this Agreement by installing or otherwise using the App and/or Service and ends on the earlier date of either your disposal of the App and/or Service or Bubadu's termination of this Agreement. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the App and/or Service or you otherwise use the App and/or Service in breach of the terms of this Agreement.

OWNERSHIP

We retain all right, title and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. The Services are protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Bubadu. All rights not expressly granted to you herein are reserved by Bubadu.

LICENSE LIMITATIONS

Use of the App/Service in violation of these License Limitations is strictly prohibited and can result in immediate revocation of the License that was granted to You. Bubadu reserves the right to determine in its sole discretion what kind of conduct in violation of the terms of this Agreement.

You agree not to: (i) commercially exploit the Services; (ii) translate, distribute, redistribute, sublicense, lease, license, sell, resell, rent, lend, convey, copy, display, publish, perform, market or otherwise transfer or assign the Services and any copies thereof, or any passwords or usernames of the third party providers or our Services; (iii) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the Services, in whole or in part; (iv) seek to disable, reverse engineer, decompile or otherwise attempt to extract the source code of the App or any part thereof; (v) attempt to introduce viruses or any other malicious computer code that interrupts, destroys or limits the functionality of any computer software, hardware or telecommunications equipment; (vi) use cheats, automation software, bots, hacks or any other unauthorized software, designed to modify or interfere with the Services and/or any files that are part of the Services; (vii) scrape, build databases or otherwise create permanent copies of content returned from the Services; (viii) re-use, copy or distribute text, pictures, music, barcodes, video, data, hyperlinks, displays or any other content provided by the Services; (ix) make the Services publicly available or available on a network for use or download by multiple users; (x) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (xi) use the Services when operating vehicles; (xii) misrepresent the source of ownership of Services; (xiii) register domain names, social media accounts or related addresses, which include Bubadu trademarks; (xiv) transport, export or re-export (directly or indirectly) into any country forbidden to receive such services by any U.S. or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time; or; (xv) attempt to, or harass, abuse, threaten, defame or otherwise infringe or violate the rights of any other party; (xvi) post any information that contains nudity, violence or offensive subject matter or that contains a link to such content attempt to gain unauthorized access to Bubadu’s computer network or user accounts; (xvii) encourage conduct that would constitute a criminal offense, or would give rise to civil liability (xviii) use the Services in way that is, in Bubadu’s sole discretion unlawful, fraudulent, deceptive or in any manner not expressly allowed with this Agreement.

USE OF THE APP IS LIMITED TO THE FUNCTIONALITY OF THE APP AND TO THE LICENSE GRANT ABOVE. YOU MAY NOT OTHERWISE USE THE APP OR ANY COMPONENT OF IT, EXCEPT AS EXPRESSLY AUTHORIZED BY BUBADU IN WRITING IN ADVANCE.

USER GENERATED CONTENT

Our Services may allow You to create content such as videos, data, photographs, messages, graphics, text, and other information ("User Generated Content"). Unless You obtained Our prior written approval or as enable within the functionalities of our Services (for example storing screenshots in Photo Gallery), You are not allowed to use User Generated Content.

THIRD PARTY PROVIDERS

We cannot provide all necessary for the successful operation of our Services by ourselves. We therefore use various providers for the purposes of offering the Services to you and improve your user experience. When you use our Services via or in combination with other services, you also consent to such third party’s terms of service, so please read their terms of service carefully before you start using our Services. We are not responsible or liable for your interaction with such third parties.

THIRD-PARTY TECHNOLOGY AND CONTENT

Some content and functions available via the Services may include materials from third parties (such as images from iStock, You Tube videos etc. ) or may be offered by third party providers. These services may include, but are not limited to gameplay recording and sharing, social medial connectivity and the like. We may include links to third party websites, products, or services and/or the third party services may be made available to you via our Services.

We may use one of the following providers: Google Wallet, Apple AppStore, Windows App Store, Google Play Store, Amazon, Apple Game Center, Google Play Games and Game Center, Amazon GameCircle, Facebook and Google Analytics Firebase, iStock, Unity, Corona Labs.

Ad Serving

When you use our App, we or third parties may serve contextual advertisements. For this reason our Services incorporate third-party dynamic in-game advertisement serving technology which enables advertising to be temporarily uploaded into the App on Your mobile device and/or Your PC and replaced while you are online. Our Advertising Providers include Admob, Chartboost, Fyber, InMobi, Unity Ads, AppLovin, AdColony, Vungle, Superawesome, Kidoz, Appodeal, myTarget, StartApp, Mobvista, ironSource, Avocarrot.

App Stores

Apple AppStore: Licensed Application End User License Agreement (“Standard EULA”), published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/), which is incorporated into this Agreement by reference. You acknowledge that You have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). You acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this Agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this Agreement. You acknowledge that Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. As an iOS user, You additionally represent and warrant that: (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.

Google Play Store: By using our Services you agree to be bound by Android Market “Terms of Service” (located online at https://play.google.com/store) and the Android Market Business and Program Policies (located online at http://www.google.com/mobile/android/market-policies.html), if You are downloading the App from the Google Play.

For Windows platform: By downloading the Application from the Windows Phone Store (located online at http://www.windowsphone.com/en-us/store/overview) or Windows Store (located online at http://windows.microsoft.com/en-us/windows-8/apps-windows-store-tutorial), You acknowledge that You have reviewed and accepted the Windows Phone Store/Marketplace “Terms of Use” (located online at http://www.windowsphone.com/en-us/store/terms-of-service) or Windows Store/Marketplace (located online at http://www.microsoftstore.com/store/msusa/en_US/DisplayTermsOfUseAndSalePage/ ) and Microsoft Services Agreement which governs the use of your Microsoft account (located online at http://windows.microsoft.com/en-us/windows-live/microsoft-services-agreement). If You download the Application from any other online market for software applications that operate on devices powered by the Windows Phone operating system v. 8.0, v. 8.1 or by Windows operating system 8.1 or RT 8.1 and any newer version if applicable, You acknowledge that You have reviewed and accepted the terms of service applicable to such market. You may install and use one copy of the application on up to five (5) Windows Phone enabled devices that are affiliated with the Microsoft account you use to access the Windows Phone Store. Beyond that, we reserve the right to apply additional conditions or charge additional fees. As a Windows user, You additionally represent and warrant that: (i) The Windows Phone Store and Windows Store is a platform through which App and In-App Products are made available by App providers to You. Microsoft’s role is to provide the technology and services to enable this forum, and to process the related purchases, returns and chargebacks for You. We are solely responsible for the Application and any content contained therein. You acknowledge that Microsoft Corporation, Your phone manufacturer, Your PC manufacturer and network operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

Other stores: If You download the App from any other online market for software applications that operate on devices powered by the operating system not expressly stated herein, or when App can be played online, you acknowledge that You have reviewed and accepted the terms of service applicable to such market or platform or operating system.

ACCESS

You can download Our App via app stores. By doing so you agree to be bound by such app store terms. You must provide at Your own expense the equipment, Internet connections or mobile devices and/or service plans to access and use this App. We may not provide our Services in all geographic locations. You acknowledge that when You use our Services, Your internet provider/carrier may charge you fees for data, messaging, and/or other wireless access. You are solely responsible for any costs You incur to access our Services from Your mobile device and/or PC device. Your right to use the Application is also predicated on Your compliance with any applicable terms of agreements You have with third parties when using Our Services.

IN-APP PURCHASES

We may license to you certain virtual goods to be used within our Services on limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use. These virtual goods shall be deemed an integral part of the App and may be licensed both for a fee using “real world money” and without any separate fee, as applicable from time to time. These virtual goods may also be licensed by using third party virtual currency, such as Facebook Credits or by using separate activation codes, such transactions are governed by the agreement between you and Facebook and We not a party to the transaction. We reserve the right to manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice and we shall have no liability to you or any third party in the event that We exercise any such rights.

PAYMENT FOR LICENSES FOR VIRTUAL GOODS OR REDEMPTION OF THIRD PARTY VIRTUAL CURRENCY IS ALWAYS FINAL AND NON-REFUNDABLE. SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR VIRTUAL GOODS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS, WHETHER YOUR LOSS OF LICENSE UNDER THIS EULA WAS VOLUNTARY OR INVOLUNTARY.

We offer In-App purchases ranging from 0.99 to 99.99 USD subject to local currencies exchange rate and any applicable taxes. While We offer basic gameplay free of charge, We do require In-App purchases to unlock levels, buy virtual goods, play minigames and disable ads.

INFORMATION COLLECTION

By installing our Services You consent to the information processing as described in our Privacy Policy available here https://bubadu.com/privacy-policy.shtml . The Privacy Policy defines how, why and to which extent we need to process personal and non-personal information in relation to our Services and forms consisting part of this Agreement.

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OUR APP AND SERVICES ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. WE DO NOT MAKE AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NOT TO LIMIT THE FOREGOING, WE DO NOT WARRANT AGAINST: A) INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION; B) THAT THE APP WILL MEET YOUR REQUIREMENTS; C) THAT OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE; C) THAT THE APP WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE; D) THAT ANY ERRORS IN THE APP WILL BE CORRECTED; OR THAT E) THE APPLICATION WILL BE AVAILABLE FOR REINSTALLS TO THE SAME OR MULTIPLE DEVICES.

NO ORAL OR WRITTEN ADVICE PROVIDED BY BUBADU OR ANY AUTHORIZED REPRESENTATIVE OR THIRD PARTY SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF, OR LIMITATIONS ON, IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL BUBADU, ITS SUBSIDIARIES OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS LICENSE OR THE APPLICATION, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT BUBADU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER OR NOT REPAIR, REPLACEMENT OR A REFUND (IF AWARDED AT OUR SOLE DISCRECTION) FOR THE APPLICATION DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES.

SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. In no event shall Bubadu’s (its affiliate’s or licensor’s) total liability to You for all damages (except as required by applicable law) exceed the amount actually paid by You for the App or five euros (5) EUR whichever is less, this limitation applies, but is not limited to anything related to the app, services or content made available through the app. You agree that the provisions in this Agreement that limit liability are essential terms of this Agreement.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Bubadu and its employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees) that arise from Your use or misuse of the Services, violation of the Agreement or violation of any rights of a third party. Bubadu reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event you will cooperate in asserting any available defenses.

FINAL PROVISIONS

Term

This Agreement will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and all of its component parts and cease and desist from accessing the Services. With regards to Software delivered on a physical storage medium you can end this Agreement by destroying the Software and all copies and reproductions of the Software and deleting and permanently purging the Software from any client server or computer on which it has been installed.

Changes

We will occasionally update this Agreement as necessary to furnish current information and respond to legal and technical changes. The most current version of the Agreement will govern Your use of Bubadu Services and will be available at https://bubadu.com/tos.shtml. Please check these pages regularly for any changes. We reserve the right to change this Agreement at any time and we will publish changes as needed, but not more frequently than twice per calendar year. We will publish any change fourteen (14) days before it becomes applicable and Your usage of the Bubadu Services after fourteen (14) days constitutes your acceptance of the changes.

Equitable Remedies

You agree that a breach of this Agreement will cause irreparable injury to Bubadu for which monetary damages would not be an adequate remedy and Bubadu shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.

Export control legislation

You agree to abide by U.S., EU and other applicable export control laws and agree not to transfer the App to a foreign national, or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You certify that you are not a person with whom We are prohibited from transacting business under applicable law.

Entire Agreement

The Terms constitute the entire agreement between You and Bubadu with respect to the Services and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless made in writing and signed by Bubadu. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between this Agreement, any applicable purchase, or other terms, the terms of this Agreement prevail. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement shall continue in full force and effect.

Governing law and dispute resolution

This Agreement will be governed by the laws of Slovenia without reference to its choice of law rules. The United Nations Convention for the International Sale of Goods shall not apply.

Any dispute, controversy or claim arising out of or relating to this Agreement or the breach, termination or validity thereof shall be finally settled at Bubadu's discretion (i) at your domicile's competent courts; or (ii) by Permanent Arbitration at Chamber of Commerce and Industry of Slovenia. The arbitration shall be conducted in Ljubljana, Slovenia, in the English language. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST BUBADU ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Our Contact

We are always available at support(at)bubadu.com should you have any questions, complaints or claims with respect to the Services.


Last updated on November 2017

Available on

Get it on Google Play

 

Download on the App Store

 

Available at Amazon

 

Available at Windows Phone Store