Bear Hug Entertainment Terms of Service

We are a mobile application developer and publisher called Bear Hug Entertainment Limited, a company incorporated under English law (company number: 11779479) whose registered office is at 1 Farnham Road, Guildford, Surrey, GU2 4RG (hereafter “Bear Hug”). See our websites at www.bearhugentertainment.com and www.alicelegends.com for further information about us.

Please kindly read these terms of service (“Terms”) carefully because they apply to your participation in any of our mobile applications (each an “App” and together the “Apps”). Bear Hug offers the Apps via the Apple AppStore and Google Play.

If you would like to discuss these Terms or any App, please contact us using the following details: hello@bearhugentertainment.com or write to us at the address stated above.

Please note that no App is sponsored, endorsed or affiliated to Apple or Google in any way.

CHANGES TO THESE TERMS: Bear Hug may change these Terms and whilst we will tell you about what we feel are key changes to them, please check them regularly to keep up-to-date.

  1. UNDER-18s AND FACEBOOK LOG-IN

    1. If you are not yet 18, and are permitted to use the App in question, please show these Terms and our Privacy Policy to your parent or legal guardian to ensure that you and your parent or legal guardian understand the terms and conditions contained in these Terms and our Privacy Policy (the “PP”).

    2. We may introduce a Facebook log-in feature in future allowing you to save your progress within the App and allow you to play across different devices. This is an optional feature but, if you choose to use it, you must have a Facebook account and comply with Facebook’s terms and conditions.


  2. ACCEPTANCE OF THESE TERMS

    1. These Terms together with our PP set out how you may participate in any App. The PP is an essential part of these Terms and by accepting these Terms you also accept our PP.

    2. By downloading any of our Apps you agree that you have read and agree to these Terms (including our PP) and that these Terms (including our PP) form a legally binding contract between you and us.

    3. Please note that if you have downloaded an App from the Apple AppStore no contract is formed between you and Apple as a result of your agreement to these Terms. Bear Hug is solely responsible to you for each App and its content, maintenance and support; not Apple. Apple’s terms and conditions apply to your use of the Apps (the “Apple Terms”). The Apple Terms that apply to you can be found here: http://www.apple.com/legal/internet-services/itunes/ww/. If there is any conflict between these Terms and the Apple Terms, the Apple Terms shall prevail.

    4. If you use a platform other than Apple to use any App (for example, Google Play) (each a “Platform Provider”), then your download and use of the App in question may be subject to the terms and conditions of that platform (the “Platform Terms”). If there is any conflict between these Terms and the Platform Terms, the Platform Terms shall prevail.

  3. ACCESS TO AND USE OF THE APPS

    1. Download: To download any of our Apps through the Apple Appstore or other Platform Provider you must have an account with Apple or the applicable Platform Provider. You must always be using the latest version of the applicable App. Please refer to the Apple Appstore or other Platform Provider’s store to ensure that you are always up-to-date.

    2. Download Charges: There is currently no charge to download and/or play any of our Apps. However, some of our Apps allow in-App purchases (which we discuss further below) and some of our Apps will display advertising allowing you to access features in return for watching certain adverts (which we also discuss further below).

    3. Playing the App: We believe all our Apps are relatively intuitive and easy to play. Where necessary, however, we provide instructions as to how to play within the App itself.

    4. Intellectual Property: Bear Hug owns (or has a licence to use) all intellectual property in the Apps (including all copyright in the underlying software code and in the visual artwork and graphics and all trade mark rights in the Apps’ titles and other trade marks, whether registered or unregistered, used elsewhere in each App). By using any App under licence you do not acquire any intellectual property in the applicable App. Provided you continue to comply with these Terms, Bear Hug hereby grants to you a non-exclusive, non-transferable, revocable licence to access and play the applicable App for your own personal and non-commercial entertainment purposes. If you breach any provision of these Terms then this licence will automatically and immediately terminate.

    5. Commercial Use Forbidden: For the avoidance of doubt, any commercial use of the intellectual property in our App by you is strictly forbidden without our prior express written permission.

    6. App Restrictions: Certain restrictions apply in relation to your right to access and play the Apps. These are as follows:

      1. You may not use any App in any improper or unlawful manner or in breach of any legislation or licence that applies to you;

      2. You agree to comply with all reasonable instructions that we may give you regarding your use of any App;

      3. Any information that you provide to us is true and accurate and you will update such information when necessary;

      4. You are responsible for all costs associated with any device required to access and play each App including the cost of any Internet access and any software required to access the App in question. It is your responsibility to ensure that you comply with all third party applicable terms. You are also responsible for ensuring that no person uses your device to access any App without your permission and that you are legally entitled to own the device that you are using to access and play any App. Bear Hug relies on you having given permission to any other person who accesses any App using your device and you will be responsible for any charges, costs or liabilities that may be incurred by any such persons;

      5. You will not:

        1. copy, licence, sell, trade, alter, create derivative works or otherwise deal with any App;

        2. use any App for any illegal activities;

        3. use any bot, robot, spider or other automatic crawling device (or any manual process) to monitor or copy any App and its content;

        4. use any App to disseminate any information or materials that are obscene, violent, threatening, libellous, discriminatory or otherwise, in our opinion, offensive;

        5. use any App to disseminate any information or materials that would disrupt, slow down, or cause any viruses, Trojan Horses, worms, bombs, corrupted files and/or other similar destructive device;

        6. use any App to disseminate any information or materials that would infringe, or might infringe, any intellectual property, including Bear Hug intellectual property.

  4. IN-APP PURCHASES

    1. Virtual Currency: We may make virtual coins and tokens (“Virtual Items”) available to you to use within the Apps to purchase In-App Purchases. You can obtain Virtual Items by:

      1. purchasing them for ‘real’ money;

      2. as part of a promotional offer, competition or action by us or a third party; or

      3. accruing Virtual Items within the Apps through game play.
      Certain terms apply to your access to and use of Virtual Items. Further terms apply to your use of Virtual Items. These terms are set out in paragraph 4(b) below.

    2. Virtual Items’ Terms: Our in-game service enabling you to acquire and use Virtual Items is subject to the following terms:

      1. subject to paragraph 4(b)(iv), Virtual Items are not redeemable and not refundable (i.e. you must ‘use them or lose them)’ (for example, if you purchase Virtual items you will not get the ‘real’ money you paid for them back as Virtual Items have no real monetary value);

      2. any Virtual Items’ balance shown in your use of our Apps, or within your Apple Account or through another Platform Provider or online wallet relating to our Apps, does not constitute a real-world balance or reflect any stored value that you can cash-out of the Apps for ‘real’ money – it simply measures the extent of your limited licence to use those Virtual Items to make In-App Purchases for use within the Apps;

      3. Virtual Items are personal to you and non-transferable i.e. only you can use them and you cannot gift, sell, license, redeem, assign, transfer or otherwise dispose of them to any other person; and

      4. your right to use Virtual Items ends if Apple or any other Platform Provider suspends or closes your Apple Account or your account on other platforms pursuant to these Terms, the Platform Terms and/or the Apple Terms (as applicable) or if we close or suspend your account with us. Your Virtual Items will also be lost if you don’t log-in via Facebook and delete the App from your device (as we will not then be able to remember who you are).

    3. Price: The price payable by you for Virtual Items (the “Price”) is the price indicated within the Apps at the time you make your purchase. If you are resident in the European Union, the Price includes any applicable value added or similar sales tax. We reserve the right to change the Price and specifications for any Virtual Item at any time for any reason.

    4. Errors and Mistakes: You acknowledge that full freedom from errors and incompleteness is impossible to achieve with respect to computer software and the operation of the Apps. If you become aware that the operation of the Apps and any Virtual Item contains any error, or is incomplete, you shall promptly notify us by e-mail to support@bearhugentertainment.com or support@alicelegends.com. You undertake to refrain from taking any advantage whatsoever, either knowingly or otherwise, of that error or incompleteness and we reserve the right to recover any such advantage that you do gain from such error or incompleteness, as well as all associated costs, damages and expenses in making such recovery.

    5. Cooling-Off Period: If you live in the European Union and you purchase a Virtual Item, you may be entitled to a refund for your purchase during a 14 day cooling-off period if you decide you do not want the Virtual Item and provided you have not downloaded or used the Virtual Item – you will be given the option to waive this right if you wish to download or use the Virtual Item immediately. If you would like to exercise your rights under the cooling off period please send an email to hello@bearhugentertainment.com – the Virtual Item will be removed from your account and any monies paid shall be refunded. Please refer to Apple’s terms and conditions for details of their refund policy generally and make any refund request directly to Apple via your Apple account.

    6. Promotions: Virtual Items may be made available to you as a result of a promotion that we offer. Any such promotion may have additional terms and conditions. Before participating in any promotional offer you should read any additional terms and conditions as by participating in a promotion you accept and agree to be legally bound by such terms.


  5. IN-APP ADVERTS AND THIRD PARTY WEBSITES

    1. Bear Hug may generate revenue by advertising goods and/or services of third parties within the Apps including by serving ads that you might see and respond to when using the App. For example, a suggestion of another mobile application you might want to use/play. These adverts may also allow you to access additional features in return for watching such adverts.

    2. Certain links, including hypertext links, from the Apps may take you outside the App in question and even the platform it is played on. This includes when you respond to an ad suggesting another app to use or play as outlined in paragraph 5(a) above. This does not imply endorsement by Bear Hug of the linked site, its operator or its content. You acknowledge that Bear Hug does not control the content on such websites and Bear Hug does not guarantee the accuracy, integrity or quality of such content. Such sites may be governed by their own terms and privacy and cookies policies which we recommend you read carefully. You access such sites at your own risk.


  6. REPRESENTATIONS AND WARRANTIES IN RELATION TO THE APPS AND SERVICES

    1. BEAR HUG WILL EXERCISE ALL REASONABLE SKILL AND CARE IN MAKING THE APPS AVAILABLE TO YOU. HOWEVER, BEAR HUG IS NOT ABLE TO GUARANTEE THE AVAILABILITY OF EACH APP OR THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY CONTENT, MATERIALS OR INFORMATION IN EACH APP (or provided as part of ANY APP) THAT DERIVES FROM THIRD PARTIES (INCLUDING ANY OF OUR LICENSORS OR THIRD PARTY PARTNERS).

    2. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, EACH APP AND ALL MATERIALS AND INFORMATION PROVIDED THROUGH EACH APP IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY GUARANTEE OF ANY KIND AND ANY CONDITIONS, STATEMENTS AND WARRANTIES (INCLUDING ANY WARRANTY OF RELIABILITY, COMPLETENESS, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) ARE EXCLUDED TO THE FULLEST AMOUNT PERMISSIBLE BY LAW.

    3. WITHOUT LIMITING THE FOREGOING, BEAR HUG DOES NOT GUARANTEE AND DOES NOT PROMISE THAT THE APPS AND ALL APP MATERIALS AND INFORMATION PROVIDED THROUGH IT WILL LIVE UP TO YOUR EXPECTATIONS.


  7. LIMITATIONS OF LIABILITY

    1. Nothing in these TERMS OF SERVICE SHALL operate to EXCLUDE OR RESTRICT OUR LIABILITY THAT WE CANNOT EXCLUDE OR LIMIT UNDER APPLICABLE LAW.

    2. THE EXPRESS TERMS OF THESE TERMS ARE IN PLACE OF ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, TERMS, UNDERTAKINGS AND OBLIGATIONS WHICH, BUT FOR THESE TERMS, WOULD BE IMPLIED OR INCORPORATED BY ANY COLLATERAL AGREEMENT, STATUTE, COMMON LAW, CUSTOM, TRADE USAGE, COURSE OF DEALING OR OTHERWISE, ALL OF WHICH ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

    3. Subject to PARAGRAPH 7(a), we shall not be liable to you for, for example:

      1. any losses arising out of your use of the appS, ANY WEBSITES LINKED TO IT AND ANY USE OF THE appS OR CONTENT WITHIN IT ARISING AS A RESULT OF:

        1. ANY TECHNICAL, FACTUAL, TEXTUAL OR TYPOGRAPHICAL INACCURACIES, ERRORS OR OMISSIONS (HUMAN OR COMPUTER-GENERATED) ON OR RELATING TO THE appS or ANY INFORMATION PROVIDED IN RELATION TO THE appS;

        2. THE UNAVAILABILITY OF ANY APP (OR ANY PART OF THEM);

        3. LOSS OF CONTENT OR DATA (INCLUDING, FOR EXAMPLE, LOSS OF VIRTUAL ITEMS);

        4. any loss or damage that may arise from Your use of links to websites and resources provided by third parties, these links are provided for YOUR information only and used at YOUR own risk;

        5. ANY LOSS INCURRED AS A RESULT OF ANY LEGAL CLAIM OR REGULATORY ACTION ARISING FROM YOUR ACTIVITIES WHEN USING THE appS WHICH INFRINGES THIRD PARTY INTELLECTUAL PROPERTY OR BREACHING APPLICABLE LAW;

        6. ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR IDENTITY, LOG-IN DETAILS, PASSWORD OR ACCOUNT, WITH OR WITHOUT YOUR KNOWLEDGE, INCLUDING IF A DEVICE USED TO ACTIVATE YOUR ACCOUNT IS STOLEN;

        7. any loss or damage that may arise as a result of actions by our third party advertising partners;

      2. LOSS OR DAMAGE CAUSED BY any TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT any device you use to use ANY app; OR

      3. ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE WHETHER FORESEEABLE, KNOWN, FORESEEN OR OTHERWISE AND HOWEVER ARISING AND CAUSED.

    4. IN THE EVENT OF ANY LOSS OR DAMAGE TO CONTENT (INCLUDING DATA), YOUR SOLE REMEDY SHALL BE FOR US TO USE OUR REASONABLE ENDEAVOURS TO RESTORE THE LOST OR DAMAGED DATA OR CONTENT FROM THE LATEST BACK-UP MAINTAINED BY US.

    5. NOTWITHSTANDING ANY OF THE FOREGOING PROVISIONS, OUR MAXIMUM aggregate LIABILITY TO YOU IN RESPECT OF YOUR USE OF ANY APP SHALL BE £50.


  8. TERMINATION

    1. We may remove any of our Apps from the Apple App Store or any other platform on which we make the App available or cease providing or change any of an App’s features at any time in our absolute discretion for any reason whatsoever. If we do so, the Apple App Store and any other platform on which we make the App available should enable you to continue to play the version of the App you downloaded and to use, subject to these Terms, any Virtual Items you have acquired but have yet to use.

    2. We may in our absolute discretion:

      1. with immediate effect and for any reason, at any time, terminate or suspend your use of any App including if we suspect fraudulent activity or if we cease to offer any App for commercial or regulatory reasons;

      2. verify your information by requesting certain documents and refuse your requests to play an App if we believe there is reason to do so;

      3. take any steps (for example, technical or legal steps) to terminate or suspend your use of any App if we believe you have failed to comply with any of the provisions of these Terms; and

      4. if we decide to terminate, suspend or refuse to accept your account, we may share or publish your name and email address and notify third parties (including Apple and/or any other applicable Platform Provider). If your use of any App is terminated because you have done something wrong (such as breach any of these Terms) then any unclaimed Virtual Items will be lost. If your use of any App is terminated because of our own decision then (subject to any regulatory prohibitions and you providing evidence of the same) you will be able to claim any unclaimed Virtual Items within 30 days of termination after which time they will be lost.

    3. You may uninstall any App from your device at any time. If you do so, however, you will lose all accumulated Virtual Items collected by you as of the date of such de-installation. If you want your data wiped at any time then you can e-mail us at hello@bearhugentertainment.com with such request and we will action it accordingly.


  9. GENERAL

    1. Non-Waiver of Rights: Any failure or delay by us to enforce any of our rights under these Terms will not be taken as or deemed to be us giving up such right.

    2. Third Parties: These Terms are not intended to be for the benefit of, and will not be exercisable by, any person other than you, Bear Hug, Apple and its subsidiaries and other Platform Providers who shall have the right to take action against you for any breach of these Terms.

    3. Severability: If any part of these Terms are deemed to be illegal, invalid or unenforceable then that part shall to that extent be deemed not to form part of these Terms and the enforceability and validity of the remainder of these Terms shall not be affected.

    4. Rights and Obligations: We may assign our rights and/or transfer our obligations under this contract with you to any third party including the ability to sub-license and/or sub-contract our rights and obligations under these Terms to any third party.

    5. Entire agreement: These Terms and PP set the full extent of our obligations and liabilities concerning the App and replace any previous agreements and understandings between us.

    6. Governing law and Disputes: These Terms shall be governed by and construed in accordance with English law. Any disputes arising in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English courts. If have your habitual residence in the EU, you will also be able to benefit from any applicable mandatory laws of your country of residence including the online dispute resolution service for which more details can be found here.