Welcome to Bright Mobile BV
We provide browser-based application mobile entertainment content, such as games, graphics, streaming online video services and other services to certain compatible mobile devices (the “Services”).
Access to the Services
In order to have full access to the Services, you must have a mobile communications subscription with a participating mobile operator or otherwise have access to a mobile communications network for which we make the Services available.
Also, you must provide all equipment and software necessary to connect to the Services including, but not limited to, a mobile device that is compatible for use of the Service with easy internet connectivity. You will be responsible for obtaining internet connectivity (and all devices necessary for such connectivity) and paying all fees in connection with such use.
Some wireless applications are only available for a select number of mobile devices. To prevent any disappointment, we ask you to check the compatibility of your mobile device before subscribing to the Services. If any upgrade of the Services requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Services, including the release of new products and services, shall be subject to the Terms.
In addition, you have to pay a subscription fee which can be purchased for different periods and will be automatically renewed if not cancelled. Any Services that you access on a subscription basis will be available to you only for the duration of the subscription for which you have paid. Your rights to use and access the subscribed Services will end automatically upon expiry of the subscription period.
The Services are provided “as is” and “as available” at the time of use or consumption, and we do not accept any liability or provide any guarantees if personal settings, information or messages are not saved (on time), are deleted or incorrectly delivered.
The fee shall become due upon purchase of the subscription irrespective of whether or not you actually download or use the Service; the consideration for the fees shall solely be the provision of the right to download, receive and/or access the Services.
You are fully responsible for all activities that occur through your subscription. That responsibility includes, but is not limited to, the responsibility that you ensure timely payment of any fees, tariffs or other charges for getting access to the Services or any products and services made available through the Services. You agree to notify us immediately in case you become aware of or suspect unauthorized use of your subscription or any other breach of security.
You may not assign or transfer in any other way the contract or any of your contractual rights. We shall have the right to assign our rights and obligations under this contract and any receivables based on this contract to a third party upon written notice to you, provided such assignment is made under terms not less favorable to you than those in these Terms. After a notice concerning the transfer of receivables, payments shall be valid only when made to the new service provider.
In order to use the Services, you must at least have reached the age as per the rules and regulations of your country of residence, and have the bill payer’s permission to sign-up for and use the Services on their behalf. To use this service, you should be at least 18 years old or must be authorized to use the service by a parent or guardian.
For getting full access to the Service you will be charged the applicable fees. The fee shall be charged for every subscription period the contract is in effect. Unless otherwise indicated, the charges shall be billed through the mobile bill you receive from the mobile operator of your network or through any other selected payment method. Separate charges for text messages, internet access or downloading from your mobile operator can apply.
You will pay or reimburse us all national and local or other taxes, including but not limited to VAT, tax on games of chance or any levies imposed in lieu thereof, which taxes are based on the costs due for the use of the Services, regardless of whether those taxes are levied either now or in the future by international, European, national or local authorities or by any other body or bodies authorized to levy taxes.
All fees, including fees for existing subscription contracts, are subject to change upon notice from us. We will provide you with reasonable notice of such change. If you do not accept the new fees (which will be applicable on a prospective basis only), you may cancel your subscription effective immediately upon termination.
In order to guarantee safe use of the Services, as well as payment of the applicable fees, you must be registered. You guarantee that the personal information (“Registered Information”) provided to us is correct and complete at all times. If we, in our sole discretion, have reason to believe that the Registered Information is not accurate or complete, we are entitled to suspend or terminate your account and to withhold both current and future use of the Services, or any component of it.
Changes of the Services
We may suspend the Services for repair, maintenance or upgrade. In such event, we shall aim to keep the interruption short and cause as little inconvenience to you as reasonably possible. We reserve the right to amend, suspend or discontinue the Services without prior notification at any time. You agree that we shall not be liable to you or to any third party for any amendment, suspension or discontinuance of the Services.
Termination, Suspension and Cancellation of Services
You can manage and cancel your subscription by visiting the relevant Sites. You can also send us an e-mail to the e-mail address, as communicated to you on the Sites and through our Services.
We may, at our own discretion, terminate or suspend your use of the Services for any violation of the Terms and you agree that you will not receive a refund of subscription fees already paid to us.
Intellectual Property Rights
All now known and hereafter rights, titles and interests of every nature worldwide in and to any intellectual property, proprietary rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services and Sites (“Intellectual Property Rights”) are owned by us or our licensors, except as otherwise set forth herein.
You guarantee that you will not amend, rent, rent out, lend, lease, borrow, loan, sell, distribute, create or generate content or products partially or entirely derived from the Services or Sites, except in the event that we have given you explicit written permission to do so.
You agree not to make any claim of interest in or ownership of any Intellectual Property Rights and you acknowledge that no title to the Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, other than the rights expressly granted in the Terms.
You further acknowledge and agree that you may not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Download(s) except as expressly provided in this Agreement.
We hereby grant you, and you hereby accept, a personal, limited, non-transferable, non-exclusive, revocable and non-assignable license and permission to install the software and download the content to use the Services on a designated compatible mobile device.
Misuse of the Services
You agree you will not, and will not allow others to, use the Services and Sites directly or indirectly, to upload, distribute, transmit, communicate, provide a link to, or publish any data, information or material using or through the Services, that:
- belongs to another person and to which you do not have any right to;
- is grossly harmful, libelous, defamatory, vulgar, obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive, against public interest;
- violates any law or regulation for the time being in force, or is unlawful in any manner whatever, or the rights of others;
- is not for your personal and non-commercial purposes;
- harm minors in any way;
- causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Service;
- infringes any privacy rights, patent, trademark, copyright or any other intellectual property rights, proprietary rights or confidentiality obligations of any person or entity;
- attempts to or actually disrupts, impairs or interferes with, or alter or modify the Services or the Sites;
- acts in a way that negatively affects our goodwill, the Services or Sites, or anyone else;
- will be used for reproduction, copy, sell, resell or use the Services, in whole or in part; or
- contains software viruses, worms, Trojan horses, time bomb, disabling or malicious code, filing, programs or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
In addition, you agree you will not, and will not allow others to copy, alter or amend any software, source codes or content, or reproduce, modify, perform, transfer, distribute, sell, resell, create a derived product or content from it, or carry out reverse engineer or reverse assembly those, or otherwise attempt to find a source code, and you agree not to sell any rights related to the content, the software and the Intellectual Property Rights, code those, issue sub-licenses for those, encumber those with security rights or otherwise transfer those.
You are solely responsible and liable for any such activity, behavior, use and conduct.
As far as your country of residence allows us, we may use advertisements and promotions. As a condition to using the Services, you agree that we may display advertisements and other promotions on our Sites and deliver advertisements and promotions on your mobile device or otherwise in connection with our Services.
The inclusion of any advertising or promotion on our Sites or in our Services does not constitute any endorsement by us of such content, product, service or company. We shall not be a party to, or in any way responsible for, any transaction concerning products or services made available from such third parties or for any content or information presented in connection with any products or services of third parties. You agree that we are not liable for any damage of any nature whatever that may be the result of such transactions.
You agree to indemnify, defend and hold us, our parent company, subsidiaries, related parties, affiliates, directors, licensors and their representatives and employees (“Partners”), harmless from and against any and all loss, liabilities, claims, lawsuits, demands, actions or other proceedings brought against it by any third party due to, arising from or related to (i) your use of the Services, the content, the downloads, software and Sites, and (ii) your violation of the Terms. (iii) violation of any law, regulation or third party rights.
You shall pay any and all costs, damages and expenses, including, without limitation, reasonable attorneys’ fees and costs awarded against or otherwise incurred by us in connection with or arising from any such claim, lawsuit, action, demand or other proceeding.
Disclaimer of Warranties
WE AND OUR PARTERS DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE SERVICES, THE CONTENT, THE SOFTWARE AND SITES. YOU UNDERSTAND AND AGREE THAT:
a. THE SERVICES, THE CONTENT, THE SOFTWARE AND SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
- WE AND OUR PARTNER DO NOT PROVIDE ANY WARRANTY WHATSOEVER AND DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES, THE CONTENT, SOFTWARE AND SITES, INCLUDING BUT NOT LIMITED TO (i) QUALITY, SECURITY, SUBSTANCE, ACCURACY, RELIABILITY, APPROPRIATENESS, PERFORMANCE OR ANY OTHER STANDARDS; (ii) COMPLIANCE WITH APPLICABLE LAWS, RULES, REGULATION AND GUIDELINES; AND (iii) TITLE OR NON-INFRINGEMENT OF ANY PARTY’S RIGHTS.
- WE AND OUR PARTNERS HAVE NO LIABILITY FOR ANY CONTENT YOU FIND TO BE OFFENSIVE, INDECENT, OBJECTIONABLE, SLANDEROUS OR LIBELOUS.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
- WE AND OUR PARTNERS ARE NOT RESPONSIBLE FOR ANY MISCHARACTERIZATIONS OR MISREPRESENTATIONS OF THE IDEAS OR FACTS AS PRESENTED IN THE CONTENT AND/OR SITES.
- YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SERVICES, THE CONTENT, SOFTWARE AND SITES AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OR USE OF THE CONTENT, THIS SOFTWARE AND SITES.
g. IMAGES OF PERSONS SHOWN ON THE SITES AND/OR IN THE SERVICES ARE FOR ILLUSTRATIVE PURPOSES ONLY. THESE ARE NOT THE ACTUAL PEOPLE THAT PROVIDE THE SERVICES TO YOU; AND
Limitation of Liability
YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR A THIRD PARTY, UNDER NO CIRCUMSTANCES, FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION, AND THE LIKE) ARISING OUT OF YOUR USE, MISUSE OR INABILITY TO USE THE SERVICES AND SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH JURISDICTION. IN NO EVENT SHALL OUR OR PARTNERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT YOU PAID FOR THE SERVICES.
These Terms represent your entire agreement and understanding between you and us. You understand and agree that, except as expressly set forth herein, this agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this agreement. Also you agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of the Terms or the use of the Sites or the Services.
In the event any provision of the Terms is determined to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein.
Any failure by us to exercise or invoke certain rights or stipulations laid down in these Terms in no way constitutes a waiver or renunciation of those rights or stipulations.
Nothing in these Terms affects your statutory right as a consumer.
The headings used in these Terms are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.
National laws from your country of residence are applicable to the relationship between you and us, regardless of provisions of applicable international law. You and us hereby waive any right to jury trial with respect to any action brought in connection with the Terms. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
Disputes will be submitted to final and binding arbitration under the rules of the arbitration association in your country.
Updated: May 2019