Branded Mini-Games Terms of Use Agreement

 

​1. General and Acceptance

BY USING AND/OR VISITING THE WWW.BRANDEDMINIGAMES.COM WEBSITE AND/OR ANY SUB-WEBSITE OF WWW.BRANDEDMINIGAMES.COM (as defined below; collectively, including all content available through the brandedminigames.com domain name and/or any sub-domain names, the “Branded Mini-Games Website”, or “Website”), is owned, maintained and operated by M-Biz Global Solutions GmbH. (“Branded Mini-Games”) and by USING ANY OF THE SERVICES PROVIDED ON THE WEBSITE (as defined below) YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the “Terms of Use” or “Agreement”) AND THE TERMS AND CONDITIONS OF BRANDED MINI-GAMES’S PRIVACY POLICY, WHICH ARE PUBLISHED AT www.brandedminigames.com, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Branded Mini-Games Website.

The Terms of Use constitute a binding legal agreement between You as user (“you”) and the subsidiaries and/or affiliates of Branded Mini-Games (the “Branded Mini-Games Affiliates”). Branded Mini-Games collaborates with the Branded Mini-Games Affiliates,from time to time, in order to facilitate the delivery of services to its Users and to collect payments.
For the purpose of these Terms of Use, a “Sub-website” of Branded Mini-Games shall be considered as any website which is part of the Branded Mini-Games service offering and which refers to these Terms of Use as the terms governing the use of such websites.

This Terms of Use Agreement sets forth the legally binding terms for your use of the Branded Mini-Games Services and they shall apply to all users of the Branded Mini-Games Website, including users offering content and/or other materials or services on or through the Website. By using the Branded Mini-Games Services, you agree to be bound by this Agreement. You are only authorized to use the Branded Mini-Games Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. PLEASE READ THIS AGREEMENT CAREFULLY AND SAVE IT. IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE THE BRANDED MINI-GAMES WEBSITE AND DISCONTINUE USE OF THE BRANDED MINI-GAMES SERVICES IMMEDIATELY. IF YOU WISH TO BECOME A MEMBER AND MAKE USE OF THE BRANDED MINI-GAMES SERVICES, YOU MUST READ THIS AGREEMENT AND INDICATE YOUR ACCEPTANCE DURING THE REGISTRATION PROCESS.

In order to participate in certain Branded Mini-Games Services, you may be required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the BrandedMiniGames.com Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement as an integral part hereof.

BrandedMiniGames.com may modify this Agreement from time to time and such modification shall be effective upon posting by BrandedMiniGames.com on the Website. You agree to be bound to any changes to this Agreement when you use the Branded Mini-Games Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

2. Eligibility

Use of and Membership in the Branded Mini-Games Services is void where prohibited. By using the Branded Mini-Games Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 16 years of age or older; and (d) your use of the Branded Mini-Games Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are less than 16 years of age.

Minors are not allowed to purchase Premium/Upgraded Services or any Applications (as defined below). Accordingly, by purchasing such services the user declares and represents that he/she is more than 18 years of age and that he/she has full legal capacity to complete such contractual action without need for any additional approvals or consents.

​​3. Provided Services

Subject to full compliance with the Terms of this Use Agreement, Branded Mini-Games shall provide certain services, as described more fully on the Website (“Services”). Services may include, but not be limited to, the formation, designing, storage, management, sharing and linking of media and/or document files (including, but not limited to text, information, data, graphics, photographs, images, illustrations, animations, software, audio and video, also collectively known as the “Content”). Please note that part of the Services (or special features) may be provided only to Users who subscribe for such Services and Branded Mini-Games may charge fees for such Services. The Services are provided by Branded Mini-Games AS IS and Branded Mini-Games assumes no responsibility for any failure in providing the Services to the Users.Branded Mini-Games may change, suspend or discontinue any or all of the Services or any Content for any reason, at any time, including the availability of any feature or part of the Content at its sole discretion. Branded Mini-Games may also impose limits on all or any of the Services or restrict your access to parts or all of the Services without notice or liability. Branded Mini-Games may charge fees for the use of the Services or part of them and may include advertisements or other commercial content in any Branded Mini-Games product or image or webpage including such which have been created by users unless stated otherwise.The Premium/Upgraded Services provided by Branded Mini-Games (as defined on the Website) are provided according to the provisions of this Agreement and the specific commercial provisions and policies as detailed on the Website, and such provisions and policies as may be amended or changed from time to time, are incorporated herein by reference and shall be considered as an integral part hereof.

4. General Undertakings

You accept sole responsibility for all of your activities using the Website, including your conduct on the site and any and all content you may submit, post or share via the Website. You will not use the Brandedminigames.com services for any unauthorized or illegal purpose. You will be responsible for ensuring that you do not violate any laws of your jurisdiction, including but not limited to copyright laws. You will not upload or transmit viruses, worms or any other destructive code.

You will be responsible for ensuring you comply with all applicable laws in your jurisdiction for the Terms and Conditions/Privacy Policy used for your campaign for your target users. You will take full legal responsibility to update the campaign and game policies to fully comply with your jurisdiction where the campaign takes place.

​​5. The Branded Mini-Games Website

The Branded Mini-Games Website may contain third party content and links to third party websites that are not owned or controlled by Branded Mini-Games. Branded Mini-Games has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party content or websites or any of their contents. In addition, Branded Mini-Games will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Branded Mini-Games from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Branded Mini-Games Website and to read the terms and conditions, and privacy policy of each other website that you visit.

6. Website Access

  1. Branded Mini-Games hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose and/or in a manner allowed by Branded Mini-Games; and (ii) you will otherwise comply with the terms and conditions of these Terms of Use.
  2. In order to access some features of the Website, you will have to create an account. You may never use someone else’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You accept sole responsibility for keeping your password secure. You must notify Branded Mini-Games immediately of any breach of security or unauthorized use of your account. Although Branded Mini-Games will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Branded Mini-Games or others due to such unauthorized use.

 

7. Third Party Content​

  1. Linked Third Party Content
    Branded Mini-Games enables you to link to images, animations, videos, audio and other content hosted on third party websites (the “Linked Content”). As a registered user, your creation is saved by Branded Mini-Games, but this is separate from the Linked Content, and the existence of your creation in Branded Mini-Games does not affect in any manner the ability to view or use Linked Content. If the Linked Content is no longer available or accessible to a user, then those portions of your creation that reference the Linked Content will not work.
    Branded Mini-Games may provide its users the ability to embed images, animations, videos, audio, fonts, and other content owned or provided by third parties into Branded Mini-Games created content. In such case, the use of such third party content shall be subject to the compliance with the provisions of these Terms of Use and in addition, the terms of use / end user license agreement of the third party owning or providing the used content.
  2. Third Party Content
    Branded Mini-Games may provide on the Website (including in the editor and/or in templates offered to the Users) certain content such as pictures, fonts, graphical items which are subject to proprietary rights of third parties (“Third Party Content”). You acknowledge and agree that Branded Mini-Games shall have the right, at any time, at is sole and exclusive discretion to: (i) remove from the Branded Mini-Games Website and/or disable access to such Third Party Content; or (ii) demand that you immediately remove such Third Party Content from any website or other web platform created and/or published by you on the Branded Mini-Games Website (“Your Branded Mini-Games Content”). If you do not obey to such instructions, and you do not remove the Third Party Content from Your Branded Mini-Games Content within no later than 24 hours from the time on which Branded Mini-Games provided you the relevant notice BRANDED MINI-GAMES SHALL HAVE THE RIGHT TO DISABLE THE ACCESS TO YOUR BRANDED MINI-GAMES CONTENT AND/OR DELETE IT AT ITS SOLE AND EXCLUSIVE DISCRETION, WITH NO LIABILITY TO BRANDED MINI-GAMES, AND YOU SHALL NOT BE ENTITLED TO ANY REIMBURSEMENT OF ANY AMOUNT PAID BY YOU TO BRANDED MINI-GAMES

To remove any doubt it is hereby made clear that the provisions of this section above shall apply to any content provided to Users on the Website and which Branded Mini-Games requires its removal for any reason.

You shall: (i) not take any action of reverse engineering, decompiling or disassembling of any Third Party Content in a manner that enables Users to download such Third Party Content; (ii) not make any modification, duplicate, distribute, display, sublicense, retransmit, reproduce, create derivative works from, transfer, sale or other use of any Third Party Content, except as specifically provided and allowed by Branded Mini-Games; and (iii) use the Third Party Content in a manner consistent with the restrictions set forth in the Website and as may be updated from time to time.

8. Online Sharing through Third Party Services​

Branded Mini-Games enables you to share your creations and/or User Content (as defined below) through third party websites, blogs or email systems. When sharing your creations through third party services you shall continue to comply with all provisions of this Agreement. You are also required to comply with the terms of any of the services through which you are sharing your creation.

​9. Third Party Services

You are fully aware of the fact that Branded Mini-Games shall not have any responsibility or liability with regard to any third party services used by you on or through your Branded Mini-Games formed web content, such as payment services, and any use of such third party services shall be at your own responsibility and liability. You further acknowledge that the providence of technical ability to link to such services (such as the possibility of a ‘PayPal’ button), is provided only as part of the Services but shall not be deemed as to create any liability or responsibility on behalf of Branded Mini-Games.

10. Fees and Payment

​Some of the Services offered on the Website require payment of fees (“Charged Services”​​). If you elect to sign up for Charged Services, you shall pay all applicable fees, as described on the Website in connection with such Charged Services selected by you. Branded Mini-Games reserves the right to change its prices at any time. You authorize Branded Mini-Games directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information that you provided while signing up for such Services.

Please note that according to internal agreements, Branded Mini-Games.com is entitled to collect fees from Users on behalf of the Charged Services, to process any payments and/or take any billing actions as required in connection with the collection of the fees on behalf of the Charged Services.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay any such taxes that might be applicable to your use of the Services and payments made by you to Branded Mini-Games.

All fees related to using Charged Services are charged automatically using the payment method as determined in the Website. If Branded Mini-Games does not receive a request by the user, through the managed premium section under Branded Mini-Games Website, for Charged Services termination you acknowledge and understand that Branded Mini-Games will continue to charge you for the Charged Services as long as your account remains active regardless if the Charged Services are used or not.
If, at any time, you contact your bank or credit card company and decline or otherwise reject the charge of any payable fees, this act will be considered a breach of your obligation hereunder and your use of the Charged Services will be automatically terminated. Your use of the Charged Services will not resume until you re-subscribe for any such Charged Services.

Users purchasing Charged Services shall pay any and all prices and fees due for such Services. All prices and fees are non-refundable unless otherwise expressly noted, even if such Charged Services are suspended, terminated, or transferred prior to the end of the Services term. Branded Mini-Games expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at the Website and effective immediately without need for further notice to any user. Any changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.

IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, MOST SERVICES OFFER AN AUTOMATIC RENEWAL OPTION. THE AUTOMATIC RENEWAL OPTION AUTOMATICALLY RENEWS THE APPLICABLE SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE ORIGINAL SERVICE PERIOD. FOR EXAMPLE, IF YOUR ORIGINAL SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR. WHILE THE DETAILS OF THE AUTOMATIC RENEWAL OPTION VARY FROM SERVICE TO SERVICE, THE SERVICES THAT OFFER AN AUTOMATIC RENEWAL OPTION TREAT IT AS THE DEFAULT SETTING. THEREFORE, UNLESS YOU CANCEL YOUR SUBSCRIPTION BRANDED MINI-GAMES WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL, AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH BRANDED MINI-GAMES AT BRANDED MINI-GAMES’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. YOU MAY CANCEL YOUR SUBSCRIPTION FROM SUCH SERVICES PRIOR TO THE AUTOMATIC RENEWAL AT ANY TIME. IN SUCH EVENT THE SERVICES SHALL BE DISCONTINUED UPON THE EXPIRATION OF THE RESPECTIVE PERIOD YOU HAVE PAID FOR AND YOU SHALL NOT HAVE ANY CLAIMS TOWARDS BRANDED MINI-GAMES IN RELATION TO THE DISCONTINUATION OF THE SERVICES.

11. Ownership of Content

Branded Mini-Games does not have the ability to determine the actual owner of content created and/or uploaded to the Website. Accordingly:​
(i) in respect to content (such as games, contests and promotions) created and/or uploaded to the Website by a free User (and which Branded Mini-Games has not been paid for), the owner of such content shall be considered as the Branded Mini-Games User listed as the owner of the Branded Mini-Games account under which the content has been created
or uploaded to the Website;
To remove any doubt, the identity of the person or entity that has paid Branded Mini-Games for the Charged Services shall not be
considered by Branded Mini-Games as creating any ownership or other rights in or in relation to such website;
Branded Mini-Games shall not provide any information and/or details regarding any content created or uploaded to the Website other than to the owners of such content as determined above.

12. Cancellation

The Branded Mini-Games Charged Services are provided on a prepay basis. Branded Mini-Games users may decide to discontinue their use of any Charged Services at any time. Such cancellation is done by the users themselves on the Branded Mini-Games Website and according to the instructions posted therein. The date and time of any cancellation of the use of any Charged Services shall be the date and time on which the user has completed the cancellation process on the Branded Mini-Games Website.

YOU ACKNOWLEDGE THAT CERTAIN SERVICES PURCHASED ON OR THROUGH THE WEBSITE MAY BE NON-REFUNDABLE. THE TERMS OF EACH PURCHASED SERVICE OR APPLICATION ARE INDICATED IN THE WEBSITE AND/OR AS PART OF OR DURING THE PROCESS OF PURCHASING SUCH SERVICES OR APPLICATION. IT IS YOUR OBLIGATION TO VERIFY YOUR ABILITY TO CANCEL A SERVICE PRIOR TO PURCHASING ANY CHARGED SERVICE. BRANDED MINI-GAMES WILL NOT REFUND ANY AMOUNTS PAID FOR NON-REFUNDABLE CHARGED SERVICES.​

​13. Intellectual Property Rights

The Content on the Branded Mini-Games Website (as defined above), except for all User Content (as defined below), is subject to copyright and other intellectual property rights under local and international laws conventions. To the best of its knowledge, Branded Mini-Games uses only Content which is allowed and permitted for use by the owner/s of the copyrights and other intellectual property rights therein. Content on the Website is provided to you AS IS only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners (if such consent is required) (outside of a Branded Mini-Games document). Branded Mini-Games reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Branded Mini-Games Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Branded Mini-Games Website or any of the Content therein. ​

14. User Content

  1. ​The Branded Mini-Games Website permits the submission and uploading of Content submitted by you and other users (“User Content”) and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, Branded Mini-Games does not guarantee any protection with respect to such User Content.​
  2. YOU UNDERSTAND THAT ALL USER CONTENT IS UNDER THE SOLE RESPONSIBILITY OF THE USER UPLOADING SUCH CONTENT. YOU, AND NOT BRANDED MINI-GAMES, ARE ENTIRELY RESPONSIBLE FOR ALL CONTENT THAT YOU UPLOAD, POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE VIA THE SERVICE. BRANDED MINI-GAMES DOES NOT CONTROL THE CONTENT POSTED VIA THE SERVICE AND, AS SUCH, DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF SUCH CONTENT OR THAT ITS UPLOADING DOES NOT INFRINGE ANY THIRD PARTY RIGHTS.
  3. WHILE BRANDED MINI-GAMES IS NOT RESPONSIBLE FOR AND DOES NOT REVIEW THE USER CONTENT, BRANDED MINI-GAMES RESERVES THE RIGHT TO DELETE ANY SUCH USER CONTENT THAT BRANDED MINI-GAMES DEEMS, IN ITS SOLE DISCRETION, RACIST, HURTING, ABUSING, ILLEGAL, OR UNACCEPTABLE FOR ANY REASON AND WITH NO NEED TO PROVIDE EXPLANATIONS.
  4. Branded Mini-Games does not claim any intellectual property rights over the User Content and any such Content shall be considered as granted the rights under the user selection for the copyrights in the appropriate selection in the Branded Mini-Games website. With respect to Content you submit or make available for inclusion on publicly accessible areas of the Branded Mini-Games Website, the Content shall be deemed and considered as license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on such publicly accessible areas of the Branded Mini-Games Website and Service, and might also be accessible from other websites. With respect to Content you submit or make available for editing by other users of the Branded Mini-Games Website, the uploading of such Content shall be deemed and considered as license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on such publicly accessible areas of the Branded Mini-Games Website and Service and might also be accessible from other websites. Such license shall be terminated only upon removal of such User Content (either by the user or by Branded Mini-Games).
  5. IN CONNECTION WITH USER CONTENT, YOU FURTHER AGREE THAT YOU WILL NOT: (I) SUBMIT MATERIAL THAT IS COPYRIGHTED OR OTHERWISE SUBJECT TO THIRD PARTY PROPRIETARY RIGHTS, INCLUDING PRIVACY AND PUBLICITY RIGHTS, UNLESS YOU ARE THE OWNER OF SUCH RIGHTS OR HAVE PERMISSION FROM THEIR RIGHTFUL OWNER TO POST THE MATERIAL AND TO GRANT Branded Mini-Games AND/OR ANY OF ITS USERS ALL OF THE LICENSE RIGHTS GRANTED HEREIN; (II) PUBLISH FALSEHOODS OR MISREPRESENTATIONS THAT COULD DAMAGE BRANDED MINI-GAMES OR ANY THIRD PARTY; (III) SUBMIT MATERIAL THAT IS UNLAWFUL, OBSCENE, DEFAMATORY, LIBELOUS, THREATENING, CHILD PORNOGRAPHY, HARASSING, HATEFUL, RACIALLY OR ETHNICALLY OFFENSIVE, OR ENCOURAGES CONDUCT THAT WOULD BE CONSIDERED A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY, VIOLATE ANY LAW, ENCOURAGES USE OF DRUGS OR ALCOHOL, OR IS OTHERWISE INAPPROPRIATE; (IV) IMPERSONATE ANOTHER PERSON.If you become aware of misuse of the Branded Mini-Games Services by any person, please contact Branded Mini-Games (according to the contact information in Section 23 below) or by email to: biz@brandedminigames.com.Branded Mini-Games does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Branded Mini-Games expressly disclaims any and all liability in connection with User Content.
  6. COPYRIGHT. BRANDED MINI-GAMES DOES NOT PERMIT COPYRIGHT INFRINGING ACTIVITIES AND INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ON ITS WEBSITE, AND BRANDED MINI-GAMES WILL REMOVE ALL INFRINGING CONTENT IF PROPERLY NOTIFIED THAT SUCH CONTENT INFRINGES ON ANOTHER’S INTELLECTUAL PROPERTY RIGHTS.Branded Mini-Games respects the intellectual property rights of others, and it is our policy to respond to claims of alleged infringement that complies with the Digital Millennium Copyright Act (the “DMCA”). If you believe that your work has been copied in a way that infringes your copyrights, please email us at biz@brandedminigames.com and provide all relevant details, including the exact location of the material claimed to be infringing your rights, reasonable evidence of such pleaded rights, and any other information as may be required.Repeat Infringer: Branded Mini-Games reserves the right to remove Content and User Content without prior notice. Branded Mini-Games will also terminate a User’s access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had User Content removed from the Website more than twice. Branded Mini-Games also reserves the right to decide whether Content or User Content is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law. Branded Mini-Games may remove such User Content and/or terminate a User’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
  7. You understand that when using the Branded Mini-Games Website, you will be exposed to User Content from a variety of sources, and that Branded Mini-Games is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Branded Mini-Games with respect thereto (if any), and agree to indemnify and hold Branded Mini-Games, its Owners/Operators, affiliates, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

 

​15. Additional Prohibited Uses

​In addition to all the above prohibitions, you agree that you will NOT knowingly use the Service, among other things, to:(a) harm minors in any way;(b) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or an entity;(c) upload, post, email, transmit, or otherwise make available any content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);(d) upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;(e) “Spamming” to promote your website or Content, or engaging in unethical marketing, advertising, any other practice connected in any way to “spam” including, sending content or emails which do not comply with the CAN-SPAM Act of 2003;(f) upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or(g) intentionally or unintentionally violate, attempt to violate, or avoid any applicable ICANN regulation or policy;You agree to indemnify and hold Branded Mini-Games harmless from any claims resulting from the use of the Services which damages you or any other party. Branded Mini-Games reserves the right to investigate you, your business, and/or your owners, officers, directors, managers, and other principals, your sites, and the materials comprising the sites at any time. These investigations will be conducted solely for Branded Mini-Games benefit, and not for your benefit or that of any third party. If the investigation reveals any information, act, or omission, which in Branded Mini-Games’s sole opinion constitutes a violation of any local, state, federal, or foreign law or regulation, or these Terms of Use, Branded Mini-Games may immediately shut down the site, and notify you of the action. You agree to waive any cause of action or claim you may have against Branded Mini-Games for such action.

​16. Security​

You are responsible for maintaining the security of your account and content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You agree to immediately notify Branded Mini-Games in writing of any unauthorized uses of your account or any other breaches of security. Branded Mini-Games cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.You acknowledge and agree that under no circumstances will Branded Mini-Games be liable, in any way, for any acts or omissions by any Branded Mini-Games User or other third party, including any damages of any kind incurred as a result of such acts or omissions.

​17. Warranty Disclaimer & Limitation of Liability​

A. YOU AGREE THAT YOUR USE OF THE BRANDED MINI-GAMES WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BRANDED MINI-GAMES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BRANDED MINI-GAMES MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE BRANDED MINI-GAMES WEBSITE OR THE CONTENT OF ANY SITES LINKED TO THE BRANDED MINI-GAMES WEBSITE.B. IN NO EVENT SHALL BRANDED MINI-GAMES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BRANDED MINI-GAMES WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.C. YOU SPECIFICALLY ACKNOWLEDGE THAT BRANDED MINI-GAMES SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.D. BRANDED MINI-GAMES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BRANDED MINI-GAMES WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BRANDED MINI-GAMES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.E. BRANDED MINI-GAMES DOESN’T RECOMMEND THE USE OF THE SITE FOR HOSTING OF PERSONAL CONTENT AND SHALL NOT BEAR ANY SECURITY RISKS REGARDING BREACH OR DAMAGE TO ANY USER CONTENT.F. BRANDED MINI-GAMES MAKES NO REPRESENTATIONS THAT THE BRANDED MINI-GAMES WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE THE BRANDED MINI-GAMES WEBSITE FROM JURISDICTIONS PROHIBITING SUCH USE, DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

​18. ​​​Indemnity

You agree to defend, indemnify and hold harmless Branded Mini-Games, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Branded Mini-Games Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Branded Mini-Games Website.

​19. Events Beyond Control​

Under no circumstances shall Branded Mini-Games be held liable for any delay or failure in this Website and/or any of the Services and/or information on the Website directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of Branded Mini-Games, including, without limitation, internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of Limitation of Liability section as stipulated above.

20. Assignment​

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Branded Mini-Games without restriction or limitations.

​21. General​​​

You agree that: (i) the Branded Mini-Games Website shall be deemed solely based in Switzerland; and (ii) the Branded Mini-Games Website shall be deemed a passive website that does not give rise to personal jurisdiction over Branded Mini-Games, either specific or general, in jurisdictions other than Switzerland. These Terms of Service shall be governed by the internal substantive laws of Switzerland, without respect to its conflict of laws principles. Any claim or dispute between you and Branded Mini-Games that arises in whole or in part from the Branded Mini-Games Website shall be decided exclusively by a court of competent jurisdiction located in Switzerland. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. These Terms of Use, together with the Privacy Policy and any other legal notices published by Branded Mini-Games on the Website, shall constitute the entire agreement between you and Branded Mini-Games concerning the Branded Mini-Games Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Branded Mini-Games’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. YOU AND BRANDED MINI-GAMES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BRANDED MINI-GAMES WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

By registering to the Branded Mini-Games Website and providing your email address, you expressly agree to receive promotional content from Branded Mini-Games, by mail or email, from time to time. If you provide Branded Mini-Games with your phone number (at any stage of use of the Services), Branded Mini-Games shall be entitled to call you or send you promotional SMS notices from time to time. If you wish not to receive such promotional content / notices, you may notify Branded Mini-Games at any time.

22. ​​​BETA Test Warning​​

Please note that the Website is currently in its BETA version and undergoing BETA testing. You understand and agree that the Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Services at this stage signifies your understanding of and agreement to participate in the Service BETA testing.

23. Customer Service Contact​​

To get in touch with our Customer Service – please use any of the options listed below:

  1. Send an email message to: biz@brandedminigames.com​​
  2. By Phone: +44 (0)20 8481 0012 during normal business hours (Monday – Friday between, 9AM – 5PM UTC)
  3. Send us a Letter to: Branded Mini-Games, c/o M-BIZ Global Solutions GmbH, Hirschengraben 31, 6003 Luzern, Switzerland