Effective Date: October 1, 2018
IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS AND THE BINARY FISH GAMES APPLICALTIONS ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW.
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Welcome to Binary Fish Games. These Terms of Service (the “Terms”) are a binding agreement between you and Binary Fish Games , Inc. Binary Fish Games(“Binary Fish Games”, “us”, or "we”). Please read these Terms carefully before using Binary Fish Games’s website (http://www.BinaryFishGames.com, or the “Website”), or associated products and services (collectively the “Services”). These Terms apply regardless of how you access the Services. As used in these Terms, "Binary Fish Games Account" means the account you have with us for the Services. “You" and "your" mean the person who uses or accesses the Services.
The Services are controlled and offered by Binary Fish Games from the United States of America. Binary Fish Games makes no representations that the Services are appropriate for use in other locations. Those who access or use the Services from other locations do so at their own risk and are responsible for compliance with local law.
Leaderboard Mechanism And Rewards
The Leaderboard organizes and displays Binary Fish Games users based on key engagement indicators, including high scores. Leaderboard placement is dependent upon users’ engagement according to the outlined indicators. Rank, tier, or placement on the Leaderboard is a direct result of user engagement and does not involve any lottery mechanisms.The user’s position at the end of each Leaderboard cycle is based on the best score for that specific Leaderboard, which may include highest score, lowest score, highest time, lowest time, and last updated value. Leaderboard position is evaluated relative to other players’ high scores. The Leaderboard resets all positions on Sunday each week at 4:00:00 PM Los Angeles time. All Leaderboard positions will become available at the beginning of the weekly Leaderboard cycle.
All eligible Binary Fish Games users can earn a place on the Leaderboard. Earning a place on the Leaderboard does not guarantee a cash reward. Positions will remain fluid during the duration of the weekly Leaderboard cycle. Positions will be finalized on Sunday each week at 4:00:00 PM Los Angeles time the end of each Leaderboard cycle.
Reward values are determined by Binary Fish Games and can change at the discretion of the company.There is no purchase necessary to participate in the Leaderboard.
In a good faith belief that any high scores have been obtained via any unsportsmanlike or unfair processes, Binary Fish Games reserves the right to disqualify a user without warning from the weekly Leaderboard.
Changes To The Services & Terms
Binary Fish Games is constantly evolving to provide the best possible experience for all of our customers, and we reserve the right to change and improve the features and functionality of the Services at any time and at our sole discretion. This includes adding, modifying or removing specific features and functionality of the Services. Additionally, we reserve the right to suspend or stop the Services altogether.
We may, from time to time, modify these Terms.Please check this page periodically for updates. Any changes will be posted on the Website. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Services.The updated Terms will take effect after their posting and will apply on a going-forward basis, unless otherwise provided in a notice to you, and except as provided in the Mandatory Arbitration and Class Action Waiver section of these Terms.Your continued use of the Services after any such update constitutes your binding acceptance of such changes.
User Content And Conduct; Community Guidelines
If you are under 13, you may not register and/or use the Services. Use by persons under the age of 13 is strictly prohibited. If you believe a child under 13 has registered an account with us, please contact us immediately at info@BinaryFishGames.com so that we may promptly disable such account.
By registering and/or using the Services, you represent and warrant that you are at least 13 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement.You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account.
Content is subject to Google Play Apps and Games content ratings.
You may not use the Services for any illegal or unauthorized purpose.You agree to comply with all laws, rules and regulations(i.e.federal, state, local and provincial) applicable to your use of the Services and your User Content, including but not limited to, copyright laws.
You may not change, modify, adapt or alter the Services or change, modify or alter another website so as to falsely imply that it is associated with the Services or Binary Fish Games.
You agree that you will not solicit, collect or otherwise use the login credentials of other Binary Fish Games users.
You must not interfere or disrupt the Services or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.You may not inject content or code or otherwise alter or interfere with the way any Binary Fish Games page is rendered or displayed in a user's browser or device.
You understand and agree that Binary Fish Games cannot and will not be responsible for the Content posted on the Services and you use the Services at your own risk.If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for Binary Fish Games, we can stop providing all or part of the Services to you without warning or notice.
User Account Termination
We reserve the right to modify or terminate the Services or your access to the Services for any reason, without notice, at any time, and without liability to you.
Upon termination, all licenses and other rights granted to you in these Terms will immediately cease. Additionally, upon termination, you will no longer be eligible for Leaderboard rewards.
For purposes of these Terms, "Business Day" means Monday through Friday, excluding federal banking holidays.
Binary Fish Games Proprietary Content
We offer the Services and the features, information, materials, and content provided and depicted through the Services (collectively, "Binary Fish Games Content") solely for your personal use for the purposes described therein and in these Terms. Any and all other uses are prohibited. You may not restrict or inhibit any other person from using or enjoying the Services or Binary Fish Games Content.
Binary Fish Games Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Binary Fish Games, Binary Fish Games owns and retains all rights in the Binary Fish Games Content and the Service, with the exception of content that Binary Fish Games has licensed from third parties, which is owned by those third parties.You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Binary Fish Games Content.You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of our trademarks, service marks and logos.You must avoid any action or omission which may dilute, or tarnish our goodwill.
Unless otherwise expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the Binary Fish Games Content, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, without prior written authorization from the Company.
The Binary Fish Games name and logo are trademarks of Binary Fish Games, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Binary Fish Games.In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Binary Fish Games, and may not be copied, imitated or used, in whole or in part, without prior written permission from Binary Fish Games.
Advertisements And Promotions
The Services may be partially supported by advertising revenue and may display advertisements and promotions.You agree that Binary Fish Games may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.Binary Fish Games is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Services.
Although it is the intention of Binary Fish Games for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
Disclaimer Of Representations And Warranties
YOU AGREE THAT YOUR USE OF THE Binary Fish Games SITE AND SERVICES IS AT YOUR OWN RISK. EFFORTS BY Binary Fish Games TO MODIFY THE SITE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. THE SITE, INCLUDING ALL CONTENT, INFORMATION OR SERVICES PROVIDED THROUGH, OR IN CONJUNCTION WITH, THE SITE, ARE PROVIDED "AS IS."
Lucky Drawing Mechanism And Rewards
The Lucky Drawing is a lottery mechanism that a user enters into by consuming virtual currency in exchange for a ticket. The user may enter any number
of tickets given that have the allotted amount of virtual currency to do so. Other information including other users and the number of tickets the other users have entered
are not displayed to the user. The more tickets that the user enters increases the odds of the user winning the Lucky Drawing prize.
The Lucky Drawing evaluates all tickets entered by all users at 4:00:00PM Los Angeles time at which point one single user will be awarded the prize and all tickets are forfeited
for the next Lucky Drawing cycle.
All eligible Binary Fish Games users can consume virtual currency in exchange for a ticket to enter into the Lucky Drawing. The pool of users and tickets will remain fluid during the duration of the
Lucky Drawing cycle. A random user will be deemed the winner of the Lucky Drawing every day at 4:00:00PM Los Angeles time at the end of the Lucky Drawing cycle.
Reward values are determined by Binary Fish Games and can change at the discretion of the company. There is no real life currency purchase necessary to participate
in the Lucky Drawing.
In a good faith belief that any tickets are entered via any unsportsmanlike or unfair processes, Binary Fish Games reserves the right to disqualify a user without warning
from the Lucky Drawing.
PlayBucks Terms of Service
The PlayBucks app is provided and operated by Binary Fish Games(hereinafter referred to as the “Provider”). You can find more detailed information on the Provider in the App’s imprint.
## 1. Registration, requirements for use, password
The App may be used free of charge following registration. You register by entering your e-mail address or through the single sign-on of Facebook or Google Plus, in the App’s dialogue window or menu item provided for this purpose. You may register if:
(a) you are over 18 years of age and therefore have full legal capacity;
(b) you fully and accurately fill in the required information requested upon registration; and
(c) you do not yet have a user account for the App.
By completing and sending the registration form, the user applies for a user account for the App to be set up for him/her. When the Provider subsequently confirms or carries out the registration, a user relationship will be established, which authorises the user to use all of the App’s services and functions.
The use of and registration in the App is only permitted for private purposes. There is no entitlement to registration or to the use of relevant services and functions of the App. The User must provide complete and correct information. Only one user account may be set up per user. Transferring or selling a user account to third parties for their own purposes is not permitted. E-mail addresses or self-selected user names must not have the potential to violate interests or rights of other users meriting protection or to breach laws.
Upon registration, the password selected by the user will be assigned to his/her user account. The User must not disclose the password or make it available to third parties and must keep it in a safe place so as to avoid misuse. He/she must immediately inform the Provider if he/she has lost his/her password or if he/she learns that unauthorised third parties have gained knowledge of it. The User is liable for any misuse by third parties, unless he/she provides proof that it is not his/her fault..
## 2. Term, termination and cancellation right
Registration in the App and the resulting possibility of making full use of the App is effective until termination, which can be declared by either the User or the Provider, giving one month’s notice.
Any notice of termination must be in text form. The User can direct a notice of termination to the address of the Provider specified in the imprint. The Provider can direct a notice of termination to the e-mail address last specified by the User in the user account.
After the end of the notice period for termination or when the user relationship between the user and the Provider otherwise ends, the right of the User to make further use of the services and functions of the App requiring registration shall expire. As a rule, after the end of the user relationship it will no longer be possible for the User to access data and content which were associated with the user account.
The User’s statutory right to cancel the usage relationship established through the registration within two weeks from the activation of the user account by notice to the Provider remains unaffected.
Following the termination or cancellation, the User shall be free to continue to use the preset Apps of the Provider’s partner companies obtained by him/her.
## 3. General specification
The App is an offer to present apps in all categories. It also enables the User to participate in a reward or bonus programme for the active use of game apps and other apps. Participation in the App solely serves the purpose of entertainment. The service provided by the App is to present to the User, possibly on the basis of his/her previous app preferences as well as his/her use and purchase behaviour with regard to such apps, games and other apps for the use of which the User can obtain PlayBucks via the App. The User earns PlayBucks through the active use of the apps of the Provider’s partner companies preset in the App (hereinafter referred to as “preset apps”), as well as through the purchase of services and virtual items in the preset apps (in-app purchases).
You will find simple instructions for the use of the App when you first open it.
## 4. Collecting PlayBucks
The App offers users the possibility of collecting PlayBucks for the use of the preset apps. The
preset apps for which PlayBucks can be collected;
the number of PlayBucks which can be earned per app; and
the time and content limitation of special offers or special campaigns relating to individual PlayBucks and rewards
are established solely by the Provider and can be changed by the Provider at any time without giving reasons. The User has no legal entitlement in this respect.
PlayBucks expire automatically one year after they have been credited to the User’s App account, unless they have been previously redeemed against rewards.
## 5. Redeem PlayBucks and receive rewards
Users can redeem their PlayBucks for particular rewards according to an exchange rate established by the Provider for each reward. Examples of such rewards are virtual rewards for other apps, credit codes or other digital content. The User can choose the rewards in the reward shop of the App. The User can select any reward provided by the Provider for which he/she has collected a sufficient number of coins, unless stocks of the selected reward are exhausted.
PlayBucks earned by users are not transferable.
Virtual rewards may, for example, be in-app items which are gifted to the users in other apps. The virtual rewards may be granted to the User through various channels, including but not limited to e-mail, push notification, text message or only a click on a button.
Rewards for the PlayBucks may also be voucher codes which the users can redeem in other apps or shops. When redeeming the coins against a voucher, the Provider’s performance is limited to the transfer of a credit code to the User by the Provider conferring on the User an entitlement to conclude a contract with the respective issuer of the voucher or the party which is specified as the provider of the service for the respective voucher, on the terms specified on the respective voucher. The Provider provides no warranty for the voucher partner’s financial capacity or creditworthiness and does not owe the performances specified on the voucher. The voucher partner is solely responsible for the performance of that contract, including the handling of any warranty claims.
For the redemption of rewards, the exchange rate at the moment of redemption always applies. The Provider reserves the right to change and adjust the exchange rate on an ongoing basis. The user has no entitlement to the maintenance or granting of a particular exchange rate.
The Provider will continue to develop the App on an ongoing basis. The User has no entitlement to the maintenance of the App or the preset apps in the version existing upon the conclusion of the contract. The Provider therefore reserves the right to offer new features and functions at any time, particularly (but not exclusively) for the redemption of PlayBucks. In the course of the modification and further development of the App, the Provider also reserves the right to tie individual features to certain conditions (e.g. the achievement of a particular PlayBucks account balance or the performance of certain actions, for example further app installations) or to no longer offer them at all.
The Provider guarantees no profits to the User. In particular, the User shall not be entitled to be paid a particular reward. An entitlement to the payment of a reward only exists if such an entitlement has been explicitly offered by the Provider. The applicable exchange rate is that of the time of the redemption of the PlayBucks.
The User shall not be entitled to the payment or redemption of the reward if he/she violates the game rules or rules of conduct set out in section 11, particularly if he/she has technically manipulated the outcome of a game or the App itself.
## 6. Fees
The use and registration of the App is free of charge. The Provider reserves the right to charge fees in the future for individual features. This may occur in particular, though not exclusively, for the activation of additional features within the App.
The User will be informed of this at least two weeks in advance. If he/she does not agree to the additional costs, the Provider shall have the right to terminate this usage contract, giving one month’s notice, effective at the end of a month, in which case the User shall have the right to redeem the coins which he/she has already earned until the effective date of the termination within a further six months from the effective date of the termination.
## 7. User’s usage rights to content
If the User places texts, photographs or other content (hereinafter referred to jointly as “content”) in the App or disseminates such content in the App (for example within the framework of his/her profile or through comment functions), he/she shall grant the Provider, free of charge, the right to store that content without any time limitation, to make it available free of charge for accessing in connection with the respective offer, to edit it, offer it for storage or printing or to use it in online, print, radio or other media. The content will only be published on the App. Any use for advertising purposes (e.g. advertisements) shall require the consent of the respective user. The rights can be granted to third parties by way of a sublicense, provided that such sublicensing serves the purpose of enabling the third party to provide services for the App in connection with the provision or use of the App. The above-mentioned rights shall remain with the Provider without any time limitation also after the usage contract has been terminated or otherwise ended.
The Provider is not obliged to verify the correctness, completeness or legality of the User’s content in advance. The Provider does not adopt the User’s content as its own. The Provider shall not be liable for any damage or loss caused by the use of that content. If the Provider is informed of legal violations due to third-party or linked content, it shall delete or block the relevant content after examining the allegation of unlawfulness.
The User shall indemnify the Provider against any justified third-party claims which are asserted against the Provider or companies affiliated with it, as defined by Article 15 et seq. of the German Stock Corporation Act (Aktiengesetz), or their statutory representatives and/or vicarious agents due to the use of the rights granted under section 7 or due to content distributed and made publicly available by the User on the App. The User shall fully reimburse the Provider for the judicial and extra-judicial costs incurred as a result of this by the Provider or its statutory representatives and/or vicarious agents.
## 8. Rights to the content provided by the Provider
The content provided by the Provider on the App is protected under copyright and ancillary copyright law. Duplication, public reproduction or other use or utilisation of content which is thus protected requires the consent of the respective rights holder. The User is permitted to use, access, save and print out the content exclusively for the purposes of the contractual use of the App and for private use and provided that this is neither directly nor indirectly for commercial purposes.
## 9. Availability, data backup
The Provider provides no guarantee that the App and the services and functions requiring registration operate and are available without interruption and errors at all times. The User must him/herself ensure an adequate Internet connection. The User is aware that, like any other software, the games and services can never be completely free of errors. The User is responsible him/herself for the fulfilment of the system requirements necessary for the use of the App, particularly with respect to the operating system used by it. However, the Provider shall make every effort, within the limits of what is commercially reasonable, to enable the operation of the App without interruptions or errors at all times.
The Provider can restrict the availability of and access to the App and services and functions requiring registration insofar as the security of the network operation and the maintenance of the network integrity, particularly the need to avoid serious disruptions of the network, the software or stored data, requires this.
The Provider is not obliged to provide updates or upgrades for the App or to otherwise modify the App in line with possible changes made to hardware and/or software (particularly operating systems).
## 10 Warranty / liability
If the Provider learns that the App has errors which significantly impair its fitness for the contractual use, it shall endeavour to eliminate the errors as soon as possible, for example by providing an update. This does not include errors which do not lie within the Provider’s area of responsibility, such as errors which occur due to updates in the android operating system.
The Provider shall not be the User’s contract partner with regard to the use of the preset apps. The Provider shall not bear any liability for material or legal defects in this respect. The Provider shall also not be liable for the correctness, completeness and/or up-to-dateness of the content of the preset apps. The Provider does not adopt the content of those apps as its own and is not liable for any damage or loss caused by the use of those apps. The Provider also provides no guarantee for the partner company’s services being performed correctly.
The Provider shall otherwise be liable without limitation for wilful misconduct and gross negligence. For simple negligence, the Provider shall only be liable if its vicarious agents or statutory representatives breach an obligation which is of key significance for the achievement of the objective of the contract (a so-called key obligation). In such a situation, the liability shall be limited to the foreseeable damage or loss, which is limited to the amount of the fee paid by the User for the use of the App or services and functions requiring registration. The above limitation of liability does not apply to claims under the German Product Liability Act (Produkthaftungsgesetz) or to personal injuries. However, insofar as the Provider’s liability is excluded or limited, this also applies to the personal liability of its statutory representatives and vicarious agents.
We shall not participate in dispute settlement proceedings before a consumer arbitration board.
## 11. Rules of conduct for users
The User is not permitted to load, store, disseminate, present, make publicly available, publish or refer or set up links to any content with the aid of the App which could infringe or impair the personal rights and/or protective rights of third parties and/or:
is obscene, insulting, defamatory or offensive, glorifies violence or is pornographic or harasses other users or is unsuitable for minors or racist, seditious, xenophobic, of an extreme right-wing nature or otherwise objectionable, and/or
contains or describes viruses, trojans, circumvention devices as defined by the German Act for Conditional Access Services (Zugangskontrolldienstegesetz) or unsolicited bulk mail (known as “spam”), and/or
serves the purpose of and/or is suitable for extracting, storing or passing on personal data to other members for purposes other than the intended use of the services, and/or
invites users to participate in chain letters, pyramid schemes or free share schemes and/or pursues commercial or other promotional purposes.
The User may only set up one account in the App (“prohibition of multi-accounts”). In particular, one account must not be used to obtain benefits for another account of the same User, for example through the transfer of items or game currency credits within the game from one account to another account of the same user (“prohibition of pushing”).
The use of the App is only permitted through tools provided or explicitly permitted by the Provider (“prohibition of the use of unauthorised scripts”). This entails, in particular, that the use of programmes which generate an excessive load on the server is not permitted. The use of software to systematically or automatically control the App or individual game functions (bots, macros) or for the reproduction or analysis of the games, game elements or the content uploaded into the App is not permitted.
## 13. Data protection
Unless the User has explicitly agreed to more extensive processing and use, the Provider shall only process and use personal data provided upon registration insofar and as long as this is permitted by law, in particular to make the services and functions requiring registration available. More detailed information about the handling of User’s personal data can be found in the privacy notice and, if appropriate, in a declaration of consent to be confirmed prior to active use of the App.
## 14. Final provisions
## 14.1 Server time
If a date and/or time are applicable for declarations and legal transactions, the displayed server date and the displayed server time of the App shall be decisive.
## 14.2 Applicable law and place of jurisdiction
Substantive German law applies to the exclusion of choice of law rules. This also applies if the User accesses the App from outside Germany.
The place of jurisdiction for any claims related to an order is Hamburg, insofar as the User does not have either his/her place of residence or habitual residence in Germany but the registration in the App can be ascribed to the User’s commercial and/or independent professional activities. The Provider has the right to also bring lawsuits in the User’s general place of jurisdiction. Mandatory provisions of the EC Convention on Jurisdiction and the Enforcement of Judgments shall have precedence.
## 14.3. Sub-service providers, takeover of the contract
The Provider has the right to either entirely or partially entrust third parties with the provision of the agreed services at any time. Furthermore, the Provider can transfer its rights and obligations under this contract to one or more third parties (takeover of the contract). In the event of a complete takeover of the contract, the User shall have the right to terminate the contract without notice.
## 14.4. Text form
## 14.5. Severability clause