Terms Of Use

By accessing a Bibi.Pet Games service, downloading a Bibi.Pet Games application, or continuing to use the service, you acknowledge that:(1) you are at least 18 years of age or any older legal age required to form a contract in your jurisdiction; (2) you have the right, authority and legal capacity to enter into this agreement; (3) you have read, understood and agree to be bound by these terms with respect to yourself and any minor child authorized by you.

1. User’s Acknowledgment and Acceptance of Terms of Service

Bibi.Pet Games provides www.bibi.pet (the “Website”) and various related games, applications, features, content, plug-ins, widgets, downloads or services (collectively the “Service”) to you, the user, subject to your compliance with these Terms of Service, as well as any other written agreement between us and you. These Terms of Service govern your and your children’s use of any online Service location (e.g., website or mobile app) that posts a link to these Terms of Service (including both mobile and online versions). These Terms of Service apply regardless of how you access or use the Service, whether via personal computers, mobile devices or otherwise, unless additional or different terms or written agreements are agreed to between us and you. By using the Service, you acknowledge and accept the Service’s Privacy Policy and consent to the collection and use of your data in accordance with the Privacy Policy (published at www.bibi.pet.com/privacy).

These terms of service, as amended from time to time and published at www.bibi.pet/terms_of_use comprise a legal agreement between you (“you”) and Bibi.Pet Games.

Although we may attempt to notify you when major changes are made to these Terms of Service, you acknowledge and agree that it is your responsibility to review this Website and these Terms of Service from time to time and to familiarize yourself with any modifications. Any modifications will be effective immediately, and will apply to disputes arising under the Terms of Service from the date of posting forward. Your continued use of the Service after a modification has been made to the Terms of Service constitutes your acceptance of such modification.

You may not use the Service for commercial purposes or in any way that is unlawful, or harms Bibi.Pet Games or any other person or entity.

2.1 Intellectual Property Information - Content

Content. The Service contains a variety of content including, without limitation: (i)information, videos, photos, graphics, music, sounds, text, data, communications, illustrations, documentation, and other material and services that users can view on, access through, or contribute to the Service; (ii) trademarks, logos, trade names, service marks, and trade identities of Bibi.Pet Games; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). This includes support forums, message boards, chat, and other originalcontent.

Ownership. The Service (including past, present, and future versions) and the Content are owned or controlled by Bibi.Pet Games and our licensors and certain other third parties. All right, title, and interest in and to the Content available via the Service is the property of Bibi.Pet Games or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Bibi.Pet Games owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service. You are only permitted to use the Content as expressly authorized by Bibi.Pet Games or the specific Content provider,and onlythrough the functionality of the Service.

Limited License. Subject to your strict compliance with these Terms and anyapplicable additional termsthat may be included on the Web site, Bibi.Pet Games grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to (i) download (temporary storage onlyfor video content), display, view, use, and playthe Content (excluding source and object code, other than as made available to access and use to enable display and functionality) solely through the Service on a personal computer, mobile phoneor other wireless device, or other Internet enabled device (each, a “Device”), and (ii) to use certain Content that we may from time to time make available on the Service solely and explicitly for you for use as part of your User Submissions (defined below) (“Bibi.Pet Games Licensed Elements”), but solelyfor use within the functionality of the Service and only for such purposes as may be explicitly stated at the time that the Bibi.Pet Games Licensed Elements are made available on the Service. We and our licensors and certain other third parties, as the case may be, retain ownership of such Content. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, (ii) may be immediately suspended or terminated for any reason, in Bibi.Pet Games’s sole discretion, and without advance notice or liability; and (iii)does not permit you to use any Contentor Bibi.Pet Games Licensed Elements outside the functionality of the Services (e.g., if the Service permits you to create a video using Content on the Service, you are prohibited from posting that video on YouTube or any other video service and may only use that video within the Service).

Reservation of All Rights Not Granted As To Content and Service. These Terms and any applicable additional terms include only narrow, limited grants of rights to the Content within the functionality of the Service and to use and access the Servicesolely as permitted herein. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Bibi.Pet Games and its licensors and other third parties. Any unauthorized use of any Content or the Service for any purpose is prohibited.

2.2 Intellectual Property Information - Restrictions

By use of the Service you acknowledge, agree and otherwise consent not to engage in, permit another person or entity to engage, or otherwise be related to or a part of the following restricted activities: (i) market, share, distribute, offer to sell, sell or otherwise make reproductions or copies of the Website, Service or Content in any way inconsistent with the rights of use provided by Bibi.Pet Games herein; (ii) remove any applicable, relevant identification, copyright, trademark or other notices relating to the intellectual property or other property of Bibi.Pet Games; (iii) attempt to access source or object code of the Website or Service, by methods including reverse engineering or otherwise reducing it to a form readable without the use of a computer, except and unless any applicable statutes or laws specifically prohibit said restrictive language; (iv) amend, change, modify (including the creation of any derivative or other works) the Service; (v) create code, software or other program that incorporates any elements of the Service; (vi) attempt to hack into, compromise or otherwise access the object or source code of the Service for any purposes, personal or commercial; or (vii) interrupt or attempt to interrupt the operation of the Service in any way.

3.1 Charges and Billing - Paid License

The Service is an online system that may allow parent-authorized purchases funded by a credit card or other payment method from participating merchants using the Service. By using the Service, you acknowledge and accept the Service’s Privacy Policy and consent to the collection and use of your data in accordance with the Privacy Policy (published at www.bibi.pet.com/privacy). To the extent that Bibi.Pet Games establishes aspects of the Service are only available to those users opting for additional paid licenses and you elect to use such paid aspects of the Service, you agree to the pricing, payment and billing policies applicable to such fees and charges as described on www.bibi.pet. The purchase of any paid license is final and shall under no circumstances be refundable, transferable, or exchangeable including, without limitation, upon termination of your use of the service for any reason or no reason, termination of this agreement, and/or the discontinuation of the service.

3.2 Charges and Billing - Fees

You agree to pay all fees or charges incurred by you or any child authorized by you, including applicable taxes, in accordance with these Terms of Service and the billing terms that are in effect at the time that the fee or charge becomes payable.You acknowledge that Bibi.Pet Games may utilize certain third-party providers to collect or otherwise process any such fees and charges.Any additional, separate charges or obligations you directly incur with said third-party are your responsibility. Bibi.Pet Games makes no representation or warranty regarding any information, goods and/or services provided by any third-party.Unless otherwise indicated, all prices are in United States Dollars and do not include Internet service provider, telephone, and other connection charges.

4.1 No Warranty

Neither Bibi.Pet Games nor its Affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors (collectively, the “Bibi.Pet Games Parties”) warrant any connection to, transmission over, featuresor system functionality, or results or use of, any facilities provided or failed to be provided through the Service.

You expressly agree that the use of the service is at your sole risk. All materials and services are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. We make no warranty that (a) the services will meet your requirements, (b) the services will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the services will be effective, accurate or reliable, or (d) the quality of any products, services, or information purchased or obtained by you through the service will meet your expectations or be free from mistakes, errors or defects.

Bibi.Pet Games makes no commitment to update its services. The disclaimers of liability contained in this section apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of the website and service, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

4.2 Limitation of Liability

You acknowledge and agree that the Bibi.Pet Games parties are not liable for any act or failure to act by them or any other person regarding conduct, communication or content through the service or any related products.You acknowledge and agree that your exclusive remedy for any dispute with Bibi.Pet Games is to stop using the service, and to delete any downloaded application(s).In no case shall any liability of the Bibi.Pet Games parties to you exceed the amount, if any, that you paid for the applicable services giving rise to any such liability.In no event shall the Bibi.Pet Games parties be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use or data, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the service.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of the Bibi.Pet Games parties shall be limited to the fullest extent permitted by law.