Terms and Conditions
IMPORTANT – READ CAREFULLY BEFORE PROCEEDING. YOUR USE OF ANY DOWNLOADABLE SOFTWARE PRODUCTS, FEATURES OR SERVICES AVAILABLE ON OR THROUGH THE BINGOAT APP OR WEBSITE IS CONDITIONED UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THE FOLLOWING AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT BY CLICKING ON THE AGREE BUTTON AS MAY BE DESIGNATED BY BINGOAT TO SHOW THESE TERMS AND/OR TO INSTALL THE BINGOAT APP OR ANY RELATED SOFTWARE (COLLECTIVELY “BINGOAT APP”), YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT. YOU WILL NOT BE PERMITTED TO USE THE BINGOAT APP AND ANY ASSOCIATED SERVICES UNLESS AND UNTIL YOU AGREE TO THIS AGREEMENT AND ANY OTHER RULES OR POLICIES THAT BINGOAT MAY CREATE AND MAKE AVAILABLE ON THIS APP OR WEBSITE FROM TIME TO TIME.
You represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and you agree your login/registration data is current, complete, and accurate. This Agreement will commence on the date that you complete the installation of the App (the "Effective Date").
1. TITLE. The Bingoat TM App is a copyrighted work and for which a U.S. patent is pending. Bingoat shall retain all rights, title and interest in the App and in all intellectual property rights therein. Subject to Bingoat’s ownership, no license or other rights of any kind are granted or conveyed except for the limited license expressly provided herein. You agree that you will not remove, conceal or otherwise change any copyright, trademark, patent or other proprietary notice or source identifier contained in or associated with the App.
Under this Agreement you only receive a copy of the App. You shall not offer, loan, transfer, encumber, sell or otherwise dispose of the copy of the App you receive to any third party without having received prior written authorization from Bingoat. If you do so without Bingoat’s permission, the transfer will be deemed void.
2. LIMITED LICENSE. Bingoat hereby grants to you a limited, nonexclusive, non-transferable, non-sublicensable license to use the APP on a mobile device or personal computer that you may own or control to use, display, execute, and perform the App during the term of this Agreement for the sole purpose of personal play of bingo and assisting you to play bingo with others.
3. RESTRICTION ON USE. You agree that you will not, and that you will not permit or allow any other person, directly or indirectly to (a) copy, reproduce, modify, redistribute, sublicense, transfer, rent, lease, sell, resell, lend, assign, publish, transmit, create derivative work(s), disclose or otherwise disseminate, exploit or make available any portion or all of the App to any third party in any form; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the App; or (c) post, cast or otherwise make the App available over a computer network where it could be used by multiple devices at the same time.
4. UPDATES OF THE APP. During the term of this Agreement, Bingoat may, in its sole discretion, develop updates and may notify you that it has released an updated version of the App (the "Updated App"). You may download the Updated App and to use the Updated App instead of the prior version. Any Updated App will also be considered "App" for purposes of this Agreement. Bingoat reserves the right at any time and from time to time to supplement, add, change, modify, alter or discontinue temporarily or permanently any and all functionality or features of the App with or without notice. You agree that Bingoat shall not be liable to you for any modification, suspension or discontinuance of the App or any features or functions of the App. If Bingoat is required due to any third-party rights to modify the App you agree to discontinue use of any prior version of the App and commence using a modified version of the App.
5. TERMINATION. This Agreement and the limited license granted hereunder shall terminate immediately if you breach any term or condition hereof. In the event of a termination of this Agreement, you agree to discontinue all use of the App, promptly destroy or have destroyed all copies of the App, and upon request from Bingoat certify in writing to Bingoat that such destruction has taken place.
6. DISCLAIMER OF WARRANTIES. You acknowledge that the App provided may contain bugs and errors. The App is provided to you "as is" and any use of the App is at your own risk. To the extent legally permitted under the applicable law, Bingoat disclaims all warranties, whether express, implied or statutory, including without limitation, any implied warranties of title, non-infringement of third-party rights, merchantability or fitness for a particular purpose. Some jurisdictions do not allow the exclusion of implied warranties, so the above limitations may not apply to you.
7. LIMITATION OF LIABILITY. You agree that to the extent legally permitted under the applicable law, Bingoat shall not be responsible for any loss or damage to you or others caused by failure of the App to function. In no event will Bingoat be liable for any special, consequential, exemplary, incidental, or indirect damages (including, without limitation, those resulting from lost profits, cost of substitute goods, lost data or play interruption) in connection with the use of the App or in connection with any other claim arising from this Agreement, even if Bingoat has been advised of the possibility of such damages. The aggregate liability of Bingoat arising from or relating to this Agreement and the App, regardless of the form of action or claim (e.g., contract, warranty, tort, strict liability, negligence, fraud or other legal theory) is limited to the amounts paid by you to Bingoat during the six month period preceding the event giving rise to liability. Nothing in this Agreement shall limit or exclude Bingoat’s liability for gross negligence or intentional misconduct of Bingoat or its agents or employees, or for death or personal injury caused by use of the App. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
8. GENERAL PROVISIONS.
8.1 Feedback. In the event that you provide Company with feedback regarding the use, operation or functionality of the App ("Feedback"), including but not limited to information about operating results, known or suspected bugs, errors or compatibility problems, or desired features, you hereby assign to Bingoat all rights in the Feedback and agree that Bingoat shall have the right to use the Feedback and related information in any manner it deems Appropriate.
8.2 Governing Law, Venue and Arbitration. This Agreement shall be governed by the laws of the State of Minnesota without giving effect to any conflict of laws principles that may provide the Application of the law of another jurisdiction. You and Bingoat agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in Minnesota and the federal courts located in the district in Minnesota where Bingoat has its principle place of business. The Application of the United Nations Convention on the International Sale of Goods is hereby expressly excluded. Such arbitration shall be initiated through an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be held in English; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. You acknowledge that any breach of this Agreement by you would cause irreparable injury to Bingoat for which monetary damages would not be an adequate remedy and, therefore, Bingoat will be entitled to seek injunctive relief (including specific performance) in any court of competent jurisdiction.
8.3 Severability; Language. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any Applicable law and the remaining provisions will remain in full force and effect. The parties of this Agreement have expressly required that the present Agreement be drawn up in the English language.
8.4 Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
8.5 Entire Agreement. This Agreement and any terms whether express or implied included in the App itself as to data gathering, advertising or in-App purchases constitutes the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in writing and signed by the party to be charged (which, in the case of Bingoat, shall require the signature of a duly authorized officer of Bingoat).