Terms of Service
DATE LAST MODIFIED: February 15, 2016. These are the Terms of Service for the Bingo Adventure on Facebook Application.
NEITHER APPLE INC. , GOOGLE, INC. OR FACEBOOK, INC. IS A SPONSOR OF THIS APPLICATION AND NEITHER IS AFFILIATED IN ANY WAY WITH STICKY HANDS INC. (HEREINAFTER “Sticky Hands”).
Acceptance of Terms
THESE TERMS OF SERVICE (“TERMS”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND Sticky Hands. BY DOWNLOADING, INSTALLING THE BINGO ADVENTURE ON FACEBOOK APPLICATION (THE “APPLICATION”) AND USING IT IN CONNECTION WITH OTHER SERVICES PROVIDED BY Sticky Hands OR OTHERWISE ACCESSED THROUGH THE USE OF THE APPLICATION (SUCH SERVICES AND THE APPLICATION COLLECTIVELY, THE “SERVICE”) YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE.
IMPORTANT NOTE: These Terms contain a Dispute Resolution And Arbitration Provision, including Class Action Waiver that affects your rights under these Terms and with respect to disputes you may have with Sticky Hands. You may opt out of the binding individual arbitration and class action waiver as provided below. Sticky Hands reserves the right, in its sole discretion, to modify or change these Terms at any time by posting the changes on or within the Application or other parts of the Service. Your continued use of the Service following the posting of such changes constitutes Your acceptance of the revised Terms. Sticky Hands may use reasonable commercial efforts to provide notice of material changes to You. If the modified Terms are not acceptable to You, Your only recourse is to discontinue Your use of the Service. You agree that Sticky Hands may change any part of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to You and without liability.
You agree and acknowledge, as condition of participating in the Service, that Facebook® does not sponsor, endorse, administer, or is in any way associated with, the Service. All questions regarding the Service must be directed to Provider, not Facebook®. You also agree that as a condition of participating in the Service you shall release Facebook® from any and all liability arising out of your participation in said Service.
To use the Site or Service, You must be a natural person, at least 3 years old, who is assigned to the e-mail address or Facebook Login (as defined below) associated with Your registration. At our sole discretion, we may require proof that You meet this condition in connection with Your use of the Site and/or Service. Failure to comply with this condition will result in the closing of Your Account and the loss of all Virtual Items accumulated through Your use of the Service.
You shall not share Your Facebook Login, nor let anyone else access Your Facebook account or do anything else that might jeopardize the security of Your Facebook Login. Sticky Hands will not ask You to reveal Your Facebook password and will not initiate contact with You asking for answers to Your Facebook password security questions;
In the event You become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized use of Your Facebook Login, You will immediately notify Sticky Hands and modify Your Facebook Login;
You are solely responsible for maintaining the confidentiality of Your Facebook Login, and You will be responsible for all uses of Your Facebook Login, including purchases, whether or not authorized by You;
You are responsible for anything that happens on the Service through the use of Your Facebook Login, whether or not such actions were taken by You. You therefore acknowledge that Sticky Hands may suspend Your access to or terminate Your use of the Service if someone else uses it to engage in any activity that violates these Terms.
From time to time during Your use of the Service, You may have the opportunity to “earn”, “buy” or “purchase” (a) virtual in-game items; or (b) virtual in-game points, including but not limited to virtual coins, cash or points, all for use in the Service (together with virtual in-game items, “Virtual Items”). You do not in fact “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real points or its equivalent. Rather, by “earning”, “buying”, or “purchasing” Virtual Items (whether through the use of Facebook Credits or virtual points), You are granted a limited license to use the software programs that manifest themselves as the Virtual Items. The purchase and sale, with Facebook Credits, of such limited licenses to use Virtual Items, is a completed transaction upon redemption of the applicable Facebook Credits and shall under no circumstances be refundable, transferable or exchangeable including, without limitation, upon termination of Your Account, termination of these Terms, and/or the discontinuation of the Service.
Sticky Hands prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade of anything that appears or originates in the Service, unless otherwise expressly authorized by Sticky Hands in writing. Accordingly, You may not sublicense, trade, sell or attempt to sell in-game Virtual Items for real money, or exchange Virtual Items for value of any kind outside of a game, without Sticky Hands’ written permission. Any such transfer or attempted transfer is prohibited and void, and will subject Your Account to termination.
You acknowledge and agree: (a) that Sticky Hands may change the price of Virtual Items at any time, without notice, for any reason or for no reason, (b) that the amount of virtual points necessary to obtain certain Virtual Items may fluctuate, and (c) that Sticky Hands has no liability to You for any changes in the price of such Virtual Items and/or the amount of virtual points necessary to obtain Virtual Items.
Sticky Hands reserves the right, without prior notification, to limit the quantity of the Virtual Items You can purchase and/or to refuse to allow You to purchase such Virtual Items. You acknowledge and agree that Sticky Hands shall have no liability for loss of Virtual Items due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party activity. Sticky Hands may replace such lost Virtual Items at its sole discretion on a case-by-case basis, without incurring any further obligation or liability.
Sticky Hands may terminate or suspend Your Account (including, but not limited to, suspending your ability to purchase, redeem or consume Rewards) and/or Your access to Site and/or Service at any time, including for breach of these Terms or otherwise, without notice and without liability to You, including, but not limited to suspending your ability to purchase rewards Upon any such termination, Your access to the Service, including all User Content and Virtual Items. Sticky Hands shall have the right, but not obligation, to store any User Content subsequent to any such termination. You may cancel Your Account at any time by discontinuing Your use of the Service and removing the Bingo Adventure on Facebook Application from Your Facebook Account. Please note that removing the Bingo Adventure on Facebook Application from Your Facebook Account will delete Your account with Sticky Hands and all of the Virtual Items that You have accumulated will be lost. Sticky Hands is in no way liable to You for the effects of any termination or cancellation on Your use of the Service or the Virtual Items You have accumulated.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND SERVICE REMAINS WITH YOU. NEITHER THE STICKY HANDS PARTIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE AND/OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR SERVICE, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE AND/OR SERVICE, WHETHER BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE STICKY HANDS PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to indemnify, save, and hold the Sticky Hands Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Site and/or Service, any violation by You of these Terms, any of Your User Content, or any breach of the representations, warranties, and covenants made by You herein. Sticky Hands reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Sticky Hands, and You agree to cooperate with P Sticky Hands’ defense of these claims. Sticky Hands will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this Indemnity section will survive any termination of Your Account or of Your access to the Site and/or Service.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Nevada without regard to its conflict of laws provisions. Except as provided in the “Dispute Resolution and Arbitration” Provision (above), the exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and SUPREME COURT OF KOREA located in the South Korea and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms constitute the entire and exclusive understanding and agreement between Sticky Hands and You regarding the Site and Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between Sticky Hands and You regarding the Site and Service.
You may not assign or transfer these Terms, by operation of law or otherwise, without Sticky Hands’ prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be of no effect. Sticky Hands may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
We may notify you by posting something on www.stickyhands.kr , or in the Sticky Hands game(s) you play, and sending you an e-mail or using other ways of communicating with you based on the contact information you provide to Us.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Sticky Hands (i) via email (in each case to the address that You provided by Your Facebook Login) or (ii) by posting to the Site or Service.
Any attempted notice that does not follow these rules has no legal effect.
You agree to limit your claims to claims for money damages. And, you agree not to seek injunctive or equitable relief or otherwise seek to stop Us from operating any aspect of the Service or any Sticky Hands Game.
The failure of Sticky Hands to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Sticky Hands. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
THE SECTION TITLES IN THESE TERMS OF SERVICE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.