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 Units A-J Austen House, Station View, Guildford, Surrey, GU1 4AR (hereafter Bear Hug”). See our websites, including those 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 our Coin Mahjong mobile game application, and any other mobile game applications of this nature (each an App”, together the Apps”). Bear Hug currently offers the Apps for download via the Apple App Store and Google Play.

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

Please note that none of the Apps are 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)    AGE RESTRICTIONS: You must be 18 years or older to download and use the Apps. If we discover that you have gained access to an App and are younger than 18 we may terminate your access and use of such App immediately.

 

2)      LOG-IN

A.      We may introduce a ZEBEDEE log-in feature in the future allowing you to save your progress, play across different devices, cash-out your pay-outs (if any) more quickly and use your avatar within the App. This is an optional feature but, if you choose to use it, you must have a ZEBEDEE account and comply with ZEBEDEE’s terms and conditions (the current version of which will be available on ZEBEDEE’s website from time to time).

B.      We may introduce an Apple log-in feature in the future allowing you to save your progress and play across different devices. This is an optional feature but, if you choose to use it, you must have an Apple account and comply with Apple’s terms and conditions (the current version of which will be available on Apple’s website from time to time).

 

3)    ACCEPTANCE OF THESE TERMS

A.    These Terms together with our PP set out how you may play each App. The PP is an essential component of these Terms as Bear Hug’s ability to use the personal data you consent to us sharing with our third-party advertisers makes each App commercially viable and by accepting these Terms you also accept the terms of our PP.

B.    By downloading any App 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.

C.    The platform you use to download and use an App (the Apple App Store or Google Play) (each a “Platform Provider”), will have terms and conditions in place (the “Platform Terms”) to which your download and use will be subject. If there is any conflict between these Terms and the Platform Terms, the Platform Terms shall prevail.

 

4)    PLAYING OUR APPS

A.    Download: To download (“install”) an App through your Platform Provider you must have an account with that Platform Provider. You must always be using the latest version of an App. Please refer to the Platform Provider’s store to ensure that you are always up-to-date.

B.    Download Charges: There is currently no charge to download and/or participate in any of our Apps. However, whilst our current business model is to offer each App as ‘free to play’ and generate revenue through advertising, we may decide at any time to start implementing pay-for features such as subscription services.

C.    Accessing the Apps: There are currently no log-in requirements to access the Apps and you may therefore play without logging in. However, any cash-out feature within the Apps may only be accessed by entering a ZEBEDEE gamertag when prompted to do so within the App. In the future, Bear Hug may introduce a feature allowing you to log in to the App via ZEBEDEE using your current ZEBEDEE user identification and password or via Apple using your Apple ID and password.

D.   Security: You are responsible for keeping any Platform Provider account details as well as, where applicable, your ZEBEDEE or Apple access details, secure and for the security of any device you use to access each App. If you become aware of any unauthorised access to any of our Apps or any suspected breach of security you should notify us immediately.  Bear Hug may take steps to verify the accuracy of information that you provide us, including your age. If, once the feature has been introduced, you log in the App via ZEBEDEE or Apple then your account information, such as Coins (as defined below) collected and levels history, will be saved device to device. If you do not log-in, your account information will only be saved on that device. Once the feature is introduced, you will be able to log-in via ZEBEDEE or Apple at any time via the “Cash Out” page within the Apps.

E.    Personal data obtained to access the Apps’ functionalities: When you first access the App, you will be asked to confirm your age. If, once the feature is introduced, you elect to log-in via ZEBEDEE or Apple, as a result of you logging-in Bear Hug will collect certain personal information about you – namely, your ZEBEDEE user identification, avatar and wallet address if you log-in via ZEBEDEE or your Apple user identification if you log-in via Apple. If you do not log-in via ZEBEDEE but use any cash-out feature in the Apps, Bear Hug will collect information about your ZEBEDEE gamertag. Further information on this can be found in our PP.

F.     Personal data obtained to serve adverts: Each App is funded by advertising. Before any advert will be displayed, you will be asked if you consent to your personal data being used for targeted advertising purposes or not. If you choose not to consent you will still see adverts but these will not be personalised to you. Further details on this are available in our PP.

G.   Personal data obtained if you are a winner: If you win any Coins via any of our Apps, we may ask you for your consent to publicise your details (including, depending on your consent, your player name and avatar) as a winner within the relevant App. Further details on this are available in our PP.

H.   How to participate in the activities offered via each App: All of our Apps are relatively intuitive and easy to play. Where necessary, however, we provide instructions as to how to play within the App itself.

I.      Intellectual Property: Bear Hug owns (or has a licence to use) all intellectual property in each App (including all copyright in the underlying software code and in the visual artwork and graphics and all trade mark rights in the App’s title and other trade marks, whether registered or unregistered, used elsewhere in the applicable App). By using any App under licence you do not acquire any intellectual property in that 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.

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

K.    App Restrictions: Certain restrictions apply in relation to your right to access and play each App. These are as follows:

i.          You may not use the Apps if you are under 18 years old;

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

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

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

v.         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 participate in the applicable 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;

vi.       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.

 

5)    PAY-OUTS

A.    Coins: The Apps may generate Bitcoin (in the form of “Sats” or “Satoshis” where 1 Bitcoin is 100,000,000 Sats) for completing the activities or levels or a set number of activities or levels, as specified in each App (referred to as “Coins” herein).

B.    Coins Terms: Bear Hug’s in-app service enabling you to use Coins is subject to the following terms:

i.          subject to paragraph 5(B)(xi), Coins are not redeemable and not refundable (i.e. ‘use them or lose them’);

ii.        subject to paragraph 5(B)(iv) any Coins balance shown in-App reflects stored value that you can cash-out of the App for ‘real’ money (in the form of Satoshis) at any time, subject to a daily maximum cash-out limit specified in each relevant App;

iii.       Bear Hug reserves the right to change the daily maximum cash-out limit in each App at any time;

iv.       the possibility to cash out may not be available in certain countries due to legal restrictions. Please refer to this full list of countries where our cashing-out option is available.

v.         in order to cash-out any Coins you must request such cash-out on the relevant page of each applicable App and, as prompted within the App, either log-in to your ZEBEDEE account or provide details of your ZEBEDEE gamertag. If you do not have any existing ZEBEDEE account (and so gamertag) you will be prompted to download the ZEBEDEE application and create an account with ZEBEDEE. If you do not wish to create an account with ZEBEDEE you will not be able to use the cash-out feature in our Apps;

vi.       it is your responsibility to ensure that you enter the correct ZEBEDEE log-in details or gamertag (as applicable). Bear Hug is not responsible for any cash-out payments made to an incorrect ZEBEDEE wallet due to any errors on your part in providing those details;

vii.     the cash-out payments will be made in Satoshis to the ZEBEDEE wallet linked to the ZEBEDEE account or gamertag details provided under paragraph 5(B)(v) no later than 5 Business Days after the provision of those details. Further information on Satoshis and how these can be used can be found on this FAQ page.

viii.   Coins 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;

ix.       your right to use Coins ends if Zebedee suspends or closes your account, the Platform Provider suspends or closes your account on other platforms pursuant to these Terms or the Platform Terms (as applicable) or if we close or suspend your access to the App (for instance (without limitation) if you are deemed to be cheating, using bot writing or using or exploiting any other manipulation);

x.         your Coins will also be lost if you don’t log-in via ZEBEDEE or Apple or otherwise delete the App from your device (as we will not then be able to remember who you are); and

xi.       your right to use Coins expires after 90 continuous days of App inactivity following the date on which you earned the Coins unless we decide, in our sole discretion, to provide you with a refund or applicable law entitles you to a refund for any unused Coins.

C.    Errors and Mistakes: You acknowledge that full freedom from errors and incompleteness is impossible to achieve with respect to mobile application software and the operation of the Apps. If you become aware that the operation of the Apps contain any error, or is incomplete, you shall promptly notify us by e-mail to support@bearhugentertainment.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.

 

6)    IN-APP ADVERTS AND THIRD PARTY WEBSITES

A.    Bear Hug generates revenue by advertising goods and/or services of third parties within its 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.

B.    Certain links, including hypertext links, from the App may take you outside the App 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 6(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.

 

7)    REPRESENTATIONS AND WARRANTIES IN RELATION TO THE APP and Services

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

B.    EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, EACH APP AND ALL MATERIALS AND INFORMATION PROVIDED THROUGH ANY APP IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY GUARANTEE OF ANY KIND. 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.

C.    WITHOUT LIMITING THE FOREGOING, BEAR HUG DOES NOT GUARANTEE AND DOES NOT PROMISE THAT ANY APP AND ITS ASSOCIATED APP MATERIALS AND INFORMATION PROVIDED THROUGH IT WILL LIVE UP TO YOUR EXPECTATIONS.

 

8)    LIMITATIONS OF LIABILITY

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

B.    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.

C.    Subject to PARAGRAPH 8(a), we shall not be liable to you for, for example:

i.          any losses arising out of your use of ANY app (INCLUDING ANY USE OF ANY COINS), ANY WEBSITES LINKED TO IT AND ANY USE OF ANY app 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 ANY app or ANY INFORMATION PROVIDED IN RELATION TO ANY app;

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

3.    LOSS OF CONTENT OR DATA (INCLUDING, FOR EXAMPLE, LOSS OF COINS RESULTING FROM APP INACTIVITY OVER ANY CONTINUOUS 90 DAY PERIOD OR FROM FAILING TO LOG-IN VIA zebedee OR APPLE AND USING A DIFFERENT DEVICE);

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 app 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;

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

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

D.   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.

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

 

9)    TERMINATION

A.    We may remove any App from any platform on which we make such App available or cease providing or change any App’s features (including the thresholds required to obtain Coins) at any time in our absolute discretion for any reason whatsoever. We may also remove any App from any platform for reasons outside our control, including for reasons decided upon by the Platform Provider. You should always check the App to ensure that you are up-to-date. If we do make any updates, the platform on which we make the App available should enable you to continue to participate in any activities offered via the version of the App you downloaded and to use, subject to these Terms, any Coins you have acquired but have yet to cash-out. The only exception to the foregoing is if we are required to make changes for security reasons and/or to comply with legislation in which case the previous version of the App may not then be available to you.

B.    We may in our absolute discretion:

i.     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;

ii.   verify your information by requesting certain documents and refuse your requests to participate in any activity offered via any App if we believe there is reason to do so;

iii.  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

iv.  if we decide to terminate, suspend or refuse to accept your account, we may share or publish your username, Apple ID, ZEBEDEE user identification, avatar, wallet address and/or gamertag and notify third parties (including ZEBEDEE and any Platform Provider).

If your use of any App is ended because you have done something wrong (such as breach any of these Terms) then any unclaimed Coins will be lost. If your use of any App is ended because of our own decision then (subject to any regulatory prohibitions and you providing evidence of the same) whether you are able to claim any unclaimed Coins will be entirely at our discretion.

v. If we terminate or suspend your use of any App, you can e-mail us at support@bearhugentertainment.com to request an explanation as to why your use of the App has been terminated or suspended, to which Bear Hug may reply at its discretion.

C.    You may uninstall any App from your device at any time. However, if you do so and, where applicable, were not logged in the App with your ZEBEDEE or Apple account, you will lose all accumulated Coins 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 support@bearhugentertainment.com with such request and we will action it accordingly.

 

10)              GENERAL

A.    Waiver: 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.

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

C.    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.

D.   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.

E.    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.

F.     Governing law and jurisdiction: 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.