Terms of Service
Last modified 08 July 2021
IMPORTANT NOTICE: FOR U.S. AND CANADIAN PLAYERS, DISPUTES ABOUT THESE TERMS OR RELATING TO OUR SERVICES GENERALLY MUST BE RESOLVED BY BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS ONLY. For more details, see to Section 17.
Except as may be expressly specified otherwise by Burny Games with respect to paid portions of the Service, Burny Games reserves the right to add, change, suspend or discontinue the Service, or any aspect or feature of the Service, without notice or liability.
3. Relationship to Other Agreements
4. Registration, User Data and Accounts
You may register for a user account that enables you to post content to a blog, message board, chat room or other forum (an “Account”). You also may be required to otherwise provide information about yourself in order to use the Service. You agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service and (ii) maintain and promptly update such data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete or not current, Burny Games has the right to suspend or terminate your Account and refuse any and all current or future use of the Service by you.
5. Rights to Use the Service
6. Service Materials, Ownership, Trademarks and Feedback
The term Burny Games, the Burny Games logo and other Burny Games logos and product and service names are trademarks and service marks of, and are owned by, Burny Games. Except as expressly set forth herein, you may not use or display such trademarks in any manner without Super Free Games’s prior written permission. All third-party trademarks and service marks appearing on the Service are the property of their respective owners. All rights are reserved therein. Use of any Burny Games trademarks or service marks as “metatags” on other websites is prohibited.
If you provide us 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 Burny Games, and you hereby assign all rights, title and interest in and to such Feedback to Burny Games. You agree that unless otherwise prohibited by law, Burny Games may use, sell, disclose and otherwise exploit the Feedback in any way and for any purpose, without restriction and without compensation to you.
7. User Content
The Service may invite or enable you and other users to create, submit, post, display, transmit, perform, publish or distribute communications, content and materials (including without limitation text, writings, photographs, graphics, images, comments, personally identifiable information and so forth), including by making the foregoing available to Burny Games and other users of the Service, whether via e-mail or through online forums, message boards, messaging services, blogs or other functionality of the Service or portions thereof (collectively, “User Content”). Burny Games has no obligation to accept, display, review, maintain or otherwise exploit any User Content.
You understand that all User Content available in connection with the Service is the sole responsibility of the person from whom such User Content originated. Burny Games has no obligation to pre-screen, review, examine, evaluate or otherwise monitor any User Content for accuracy, completeness, timeliness, validity, legality, decency, quality, integrity, usefulness or any other quality. Burny Games makes no, and hereby disclaims any and all, warranties or other guarantees with respect to User Content. You understand that your use of the Service is at your own risk and that by using the Service, you may be exposed to User Content that is offensive, indecent, objectionable or that does not otherwise meet your needs. You agree that you must evaluate, and bear all risks associated with, the use of any User Content available in connection with the Service. Under no circumstances will Burny Games be liable in any way for any User Content made available via the Service, including, but not limited to, any errors or omissions in any such User Content, or any loss or damage of any kind incurred as a result of the use of such User Content.
8. Your Content
User Content that you make available in connection with the Service is referred to herein as “Your Content”. You agree that Your Content is not confidential. You further agree that Your Content will not be returned to you.
Burny Games has no obligation to monitor or enforce your intellectual property rights in or to Your Content.
9. Restrictions and Rules of Use
You may only register an account and/or use the Service if use of the service is legal from where you access it.
You agree to not use the Service to transmit, make available or otherwise promote or support:
(a) any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, sexual, libelous, invasive of another’s privacy, hateful, discriminatory or disparaging or otherwise objectionable or inappropriate;
(b) any User Content that promotes illegal activity, such as drug use;
(c) any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(d) any User Content that infringes any patent, trademark, trade secret, copyright or other intellectual property, proprietary or other rights of any party;
(e) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(f) any spyware, passive collection mechanism or any other code or material that acts as a passive or active information collection or transmission mechanism;
(g) cheats, hacks, cracks, malicious programs, viruses or any other computer code, files or programs that have the effect of or are intended to modify, impair, disrupt, destroy, interfere with or limit the functionality of the Service or any portion thereof, take control of any computer software, hardware or telecommunications equipment or interrupt any user’s uninterrupted use and enjoyment of the Service; or
(h) 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.
You further agree not to:
(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(ii) interfere with, disrupt or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service;
(iii) use the Service to intentionally or unintentionally violate any applicable local, state, national or international law;
(iv) use the Service to harm minors in any way;
(v) 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;
(vi) defraud or mislead Burny Games or other users or otherwise engage in any suspicious activity;
(vii) use the Service to engage in any commercial activity, including without limitation any attempt to raise money for any party or any purpose or advertise, promote or attempt to trade or sell a website, pyramid scheme, multi-tiered marketing scheme or any other product or service of any kind;
(viii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(ix) create any Account by automated means or false pretenses, create more than one Account per Device, or use any other user’s Account for any purpose, including to circumvent a suspension or ban;
(x) cheat or use, develop or distribute automation software programs (“bots”), “macro” software programs or other “cheat utility” software program or applications which are designed to modify the Burny Games experience to the detriment of fair play; or
(xi) sell or transfer the Service (or any portion thereof), your Account or access to your Account in exchange for legal tender or other actual currency, or for other goods, services or items of monetary value.
You also agree not to access the Service: (x) by any means other than through the interface that is provided by Burny Games for use in accessing the Service; (y) through any automated means (including the use of any script, web crawler, robot, spider, or scraper); or (z) by forging or manipulating identifiers in order to disguise the origin of any access to the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable User Content, and you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside.
In addition, you agree not to use the Service or any portion of the Service that enables communications, (for example, email, online forums, message boards, messaging services or blogs), to: (1) excessively communicate the same phrase, similar phrases, or gibberish; (2) create undue discontent or disturbances among other users, such as by picking fights, making off-topic posts in forums or insulting other users of the Service; (3) post or transmit non-constructive comments; (4) abuse any functionality enabling reporting to Burny Games by sending false alarms or nonsensical messages; (5) bump forum threads; (6) number threads or post other non-contributory posts, such as IBTL (i.e., in before the lock), TLDR (i.e., “too long; didn’t read”) or “First!” posts; (6) post off-topic comments; (7) commit other actions that Burny Games considers, in its sole discretion, to be “flaming,” “trolling” or “spamming”; (8) create new threads about existing topics or separate threads about an existing topic for further discussion in more than one forum (e.g., cross-postings); or (9) links to threads from other forums unless previously approved by a moderator.
These rules of use are not meant to be exhaustive, and Burny Games reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the spirit of the Services and to take action – up to and including termination of your Account and exclusion from further participation in the Services.
10. Free and Paid Virtual Currency and Virtual Goods
Burny Games prioritizes the use of Free and Paid Virtual Currency in game-play such that any Paid Virtual Currency is first consumed, and secondly, any Free Virtual Currency is then consumed.
Burny Games prohibits transfer of Free and Paid Virtual Currency out of your account (e.g., to another user account) except in such cases in which Burny Games provides a feature to do so. Additionally, Burny Games prohibits transfers of accounts between users. You agree not to sublicense, trade, sell or attempt to sell Virtual Goods for “real” money or anything of value outside of a game. Any such transfer or attempted transfer is prohibited and void, and We may terminate your Account because of it.
You acknowledge that the Virtual Goods can be used solely for entertainment purposes and that any money you pay is solely for entertainment purposes. The Virtual Goods have no cash value and shall not be deemed a thing of value for legal purposes.
If a user has not used Virtual Currency, whether Free or Paid, kept in that user’s balance after two (2) months since last use, Burny Games reserves the right to void the Virtual Currency and set the balance to zero (0).
You hereby acknowledge and agree that the sale, gift, leasing, sharing, license, or other transfer of Virtual Currency, whether Free or Paid, and Virtual Goods is strictly prohibited except where expressly authorized in the Service. Outside the Service, you shall not sell, redeem or otherwise transfer any Free and Paid Virtual Currency or Virtual Goods to any other user of the Service or any other party.
11. Posting On Other Websites and Linking to the Service
13. Disputes With Others
You are solely responsible for your interaction with other users of the Service and other parties that you come in contact with through the Service. Burny Games hereby disclaims any and all liability to you or any third party relating to your use of the Service. You will cooperate fully with Burny Games to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Burny Games access to any password-protected portions of your Account. Burny Games reserves the right, but has no obligation, to monitor and manage disputes between you and other users of the Service.
14. Disclaimers of Warranties and Damages, Limitations of Liability
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND.
THE Burny Games PARTIES (AS DEFINED BELOW) HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, THE SERVICE MATERIALS AND ANY AND ALL USER CONTENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE Burny Games PARTIES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS OR THE SERVICE MATERIALS OR USER CONTENT WILL BE VIEWABLE TO YOU; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED; OR (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR ANY SERVICE MATERIALS OR USER CONTENT WILL BE ACCURATE OR RELIABLE.
THE “Burny Games PARTIES” ARE COMPRISED OF Burny Games AND ITS AFFILIATES AND SUBSIDIARIES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Burny Games or any other Burny Games Party may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope and duration of such warranty and the extent of Burny Games and such Burny Games Party’s liability shall be the minimum permitted under such applicable law.
15. Links to External Locations and Third-Party Websites
The Service may contain links to third-party websites or resources. You acknowledge and agree that Burny Games is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Burny Games of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Burny Games may remove any links at any time for any reason or for no reason.
17. Agreement to Arbitration and Class Action Waiver
THIS SECTION ONLY APPLIES TO PLAYERS IN THE US AND CANADA.
We Both Agree to Arbitrate
An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so we are both giving up our right to a trial before a judge and jury. Arbitrations have different rules than lawsuits in court. They are less formal than lawsuits in courts, and provide limited opportunity to force the other side to share information relevant to the dispute—a process called discovery. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. But, if any of us does not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.
If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too. In addition, if you or Burny Games brings a claim in court that should be arbitrated or any of us refuses to arbitrate a claim that should be arbitrated, the other of us can ask a court to force us to go to arbitration to resolve the claim (i.e., compel arbitration). You and Burny Games may also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.
The Arbitration Process
The American Arbitration Association (AAA) will run the arbitration between you and Burny Games, and AAA’s then-current rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes) will be used. If something in these Terms is different than AAA’s rules and procedures, then we will follow these Terms instead. You can look at AAA’s rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.
Exceptions to Agreement to Arbitrate
We all agree that we will go to court to resolve disputes relating to Your or Burny Games’s intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights or patents
For more information about which court we can go to for resolving these types of disputes, see Section (Venue for Legal Disputes Not Subject to Arbitration).
No Class Actions
We all agree that we can only bring a claim against each other on an individual basis.
Neither you nor Burny Games can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action.
The arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this).
The arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other Burny Games players, and cannot be used to decide other disputes with other players.
Changes to This Section on Agreement to Arbitrate and Class Action Waiver
We will give you 60-days’ notice by email or through the Service if We propose to change this Section on our Agreement to Arbitrate and Class Action Waiver.
The Federal Arbitration Act (including its procedural provisions) is the law that will be applied to determine whether Section (Agreement to Arbitrate and Class Action Waiver) can be enforced and how it should be interpreted.
Apart from that, these Terms and our relationship will be governed by California law, except for its conflicts of laws principles.
VENUE FOR LEGAL DISPUTES NOT SUBJECT TO ARBITRATION
If you are a United States resident, judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and Burny Games both consent to venue and personal jurisdiction in San Francisco, California.
You agree to be responsible for obtaining and maintaining all telephone, computer hardware mobile devices and other equipment needed for access to and use of the Service, and all charges related thereto.
Burny Games operates and controls the Service from its offices in the United States. Burny Games makes no representation that the Service is appropriate or available in other locations. The information and materials provided on the Service are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject Burny Games to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Portions of the Service may be subject to United States export controls. You agree to comply with such export controls, as well as similar such controls in any applicable jurisdiction. Without limiting the foregoing, you agree that no software from the Service may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software or applicable portion of the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
Terms Applicable to Apple iOS Users
The following terms are applicable solely if, and to the extent, you use the Services on an Apple iOS device:
Scope of License: The license granted to you for the Service is limited to a non-transferable license to use the Service on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
Warranty: We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Service. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
Intellectual Property Rights: In the event of any third-party claim that the Service or your possession and use of that Service infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You 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 list of prohibited or restricted parties.
Developer Contact: Any questions, complaints or claims with respect to the Service should be directed to Burny Games Inc. at the email address listed below.
For all correspondence, please email us at: email@example.com