Bebi Family Games Terms of Use

Effective (last update): 30.07.2021

These Terms of Use (the “Terms”) govern your access to and use of the website located at https://bebi.family/ (the “Website”), mobile applications located at distribution platforms such as the Google Play Store and the App Store (the “Apps”), and related services (collectively the “Services”). Please read these Terms carefully before using the Services as they become binding when you use them. If you do not agree to all of the Terms, please do not access or use the Services. By accessing or using the Services, you and the entity you are authorised to represent (hereinafter 'you' or 'your') signify your agreement to be bound by these Terms.

Please also read our Privacy Policy and make sure that you fully understand it as it sets out our data protection and privacy practices and principles. The Privacy Policy is incorporated into this Terms by this reference and your acceptance of our Terms also means your acceptance of our Privacy Policy.

The mobile application distribution platforms where we list our Apps may have their own terms and conditions, as well as privacy policy. Please check these terms and privacy policy in order to become informed about their information collection practices and your rights and duties in relation to these distribution platforms.  The terms and privacy policy of such mobile application distribution platforms apply alongside our Terms and Privacy Policy.

1. About Us

The Apps located on Google Play Store are owned and operated by BEBI FAMILY GAMES OÜ incorporated under the laws of Estonia, with its registered address being at Sakala tn 7-2, Kesklinna linnaosa, Tallinn, Harju maakond, 10141, EE. The Apps located at the App Store and the Website are owned and operated by Bebi LLC, incorporated under the laws of the Republic of Georgia, with its registered address located at Archil Tsagareli street #78, Tbilisi, Georgia. Both companies may also be referred to as the “Company” under these Terms.

2. Changes to Terms

These Terms, or any part thereof, may be subject to modification, additions or deletions at any time, without notice, which will be effective immediately upon posting. Your continued usage of the Services after such posting will be deemed to constitute acceptance by you of such modifications, additions or deletions. Please revisit our Terms in order to be updated about any changes.

3. Changes to Services

We may change or discontinue any aspect, service or feature of the Website, Apps or related services at any time, without notice, at our sole discretion, including without limitation, content, availability, and equipment needed to access or use the Website, Apps and/or related services.

4. User Conduct

You may only use the Services in a manner that is lawful. You must, specifically, make sure that: (a) you do not interfere with or disrupt the Services or the servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (b) you do not reproduce, duplicate, copy, reverse engineer, hack, sell, resell or exploit for any commercial purpose, any portion of the Services, use of the Services, or access to the Services; (c) you do not engage in any activity that would constitute a criminal offense or give rise to a civil liability; (d) you do not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (e) you do not interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about users of the Services or posting private information about a third party; and (f) you do not use our Website, Apps or related services in any way, or for any purpose, that is intended to harm any person or persons in any way.

5. Intellectual Property Rights

You acknowledge and agree that all text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, game narratives and storylines, software and computer code (collectively, “Content”), including but not limited to the “look and feel”, layout, design, structure, color scheme, selection, combination and arrangement of the Content present on the Apps, Website and related services are owned by or licensed to us. Such Content is protected by copyright, trademark, trade dress and any other applicable intellectual property rights.

You may not reproduce, copy, distribute, reproduce, create derivative works, mirror, sell, rent, sub-license, publicly display, publicly perform, store, hack, reverse engineer or in any other manner reuse Content from the Apps, Website or related services, except with our express written permission or as permitted by applicable laws, in any way or through any medium for distribution, publication or for any commercial purpose.

You are allowed to display, copy and download Content from the Website solely for your personal and non­-commercial use provided that: (a) you do not remove any copyright or proprietary notice from the Content; (b) such Content will not be copied or posted on any networked computer or published in any medium; and (c) no modifications are made to such Content.

6. Disclaimer of Warranty

Access to the Services is provided on an “as is” and on an “as available” basis without any express or implied warranties, including without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these Terms.

You expressly acknowledge and agree that the use of the Services is at your sole discretion and risk. The Company, its other affiliates, any of their respective employees, partners, third-party content providers, third-party service providers or licensors do not warrant that your use of the Services will be uninterrupted or error-free; nor do we give you any express or implied warranty as to the results that may be obtained from use of the Services, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the Services.

7. Limitation of Liability

To the maximum extent permitted by applicable laws, in no event shall we or our suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction, or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Services, third-party software and/or third-party hardware used with the Services, or otherwise in connection with any provision of these Terms), even if we or any of our suppliers have been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

You agree that this limitation of liability applies whether such allegations are for breach of contract, tortious behavior, negligence, or fall under any other cause of action, regardless of the basis upon which liability is claimed. Without prejudice to the foregoing, you also specifically acknowledge that the Company or future parent or affiliated companies are not liable for any actual or alleged defamatory, offensive, or illegal conduct of other users of the Services or any other third parties. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.

8. Indemnification

You agree to indemnify and hold the Company and its affiliates and and any of their officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Services, (ii) your violation of these Terms; or (iii) your violation of applicable laws or regulations.

We retain the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You acknowledge and agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

9. Termination

We may terminate or suspend these Terms at any time without notice to you. Without limiting the foregoing, we shall have the right to immediately terminate your access to the Services in the event of any conduct by you that we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms.

If you breach any of the Terms, we may take certain actions against you, including but not limited to a) ban you from the Apps, b) delete or alter your content that gave rise to the breach of the Terms, c) disclose your identity to law enforcement authorities, d) any other actions which we are entitled to do under applicable laws.  

10. Applicable Law and Jurisdiction

These Terms, and the relationship between you and us, whether contractual or otherwise are governed by, and construed in accordance with the laws of the Republic of Georgia.

If you have any concern or dispute with regard to the Services, you agree to first try to resolve the dispute informally by contacting us through the details provided in the relevant section of these Terms. In the event this fails to produce a final outcome to your concern or dispute, then any dispute concerning these Terms, or the relationship between you and us, or any matters arising therefrom or associated therewith, whether contractual or otherwise, shall be subject to the exclusive jurisdiction of the courts of the Republic of Georgia.

11. Links to Third-Party Sites

The Services may contain links to other websites, services, and mobile applications (collectively the “third-party sites”). Unless expressly stated, these third-party sites are not owned or controlled by us. The inclusion of a link to another site on the Services does not imply, in any manner, any endorsement of these third-party sites or of those in control of them. We neither assume nor accept responsibility or liability for the content, privacy policies, or practices of any third-party sites.  We strongly recommend you to read carefully the terms and conditions and privacy policies, as well as cookie policies of any third-party sites that you visit.

12. Subscriptions

Some of our Apps are offered for a fee (“Paid Apps”). The fee for Paid Apps may be charged as a one-time fee when you buy the App from the mobile application distribution platform, or may be charged on a monthly or a yearly basis (“Subscription”). The fee is charged to your chosen payment method in the relevant distribution platform of your device. The applicable fee is the one displayed at the time of sale. Please note that the Subscription based Apps are automatically renewed for the applicable length of your Subscription and Subscription fees are automatically charged until it is cancelled either by you or by Bebi Family Games.

Taxes, cancellations and refunds are also processed by the mobile application store that lists our Apps. We have either limited or no control over any aspect of your Subscription. Thus, we strongly recommend you to follow the instructions of the relevant mobile application store for payments (including taxes), cancellations and refunds and to find out if there is any additional payment that applies to your purchases.

In order to stop automatic renewal of the Subscription and automatic withdrawal of Subscription fees, you must cancel your Subscription 24 hours before it renews for the length of the next Subscription period.

You are able to cancel your Subscription on the mobile application store (“Play Store” or “App Store”) that you made a Subscription from. Through the links below you can find necessary information and instructions on how to cancel a subscription.  

13. Cookies

We may use cookies on our Services. Some cookies are essential which allows us to provide certain features on the Services. We use other types of cookies only with your prior explicit consent (i.e. analytics cookies, advertising cookies, social media cookies). You can read more about the cookies in our cookie policy.

14. Miscellaneous

These Terms established by us constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

If any part of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The remaining provisions of these Terms will continue to be in full force and effect. The section headings used herein are for convenience only and shall not be given any legal import.

We respect others’ intellectual property rights, and expect our users and customers to do the same. If you believe that your work has been copied on the Services in a way that constitutes copyright infringement, please contact us using the contact details provided via this Terms.

The relationship between you and us is based on an independent contractor relationship and nothing in our relationship may give rise to any partnership, joint venture, or any alike arrangement.

If we do not exercise any of the rights we have under these Terms, this shall not mean that these rights are waived. There will be no waiver of any rights unless it is stated in writing signed by us.

We may assign or subcontract any of the rights we have under these Terms. The assignment of rights will be done without any notice and at our sole discretion.

 

BEBI FAMILY GAMES OÜ

Sakala tn 7-2, Kesklinna linnaosa, Tallinn,

Harju maakond, 10141, EE

 

Bebi LLC

Archil Tsagareli street #78,

Tbilisi, Georgia

Email:  [email protected]