StickrBoo Terms of Service
1. StickrBoo Terms of Service
StickrBoo album is a software product and a collection of services ("Services"), which can be used online or offline, on various stationary and mobile devices. StickrBoo is made and operated by Baltazar Labs d.o.o., Kotnikova 27, 1000 Ljubljana Slovenia, European Union ("Baltazar Labs"). This document sets forth certain terms and conditions ("Terms") of the legal contract between you ("User") and Baltazar Labs with respect to User’s use of the Baltazar Labs Services, whether as an unregistered visitor (“Visitor”), a free account holder (“Registered User”), or a paying customer ("StickrBoo customer").
StickrBoo Cousteau Collection is made and operated on behalf of Cousteau Divers and The Cousteau Society. All of the content featured or displayed on the website, in iOS applications (iPhone, iPod Touch, iPad), and on Facebook application is owned or licensed by Cousteau divers and The Cousteau Society. All of the User Content featured or displayed on the website, in iOS applications (iPhone, iPod Touch, iPad) and on Facebook application is in accordance with the Terms and Conditions of the Cousteau Divers website (http://www.cousteaudivers.org/pages/terms-and-conditions).
This agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, "writing" does not include an e-mail message and a signature does not include an electronic signature.
1.2 Accessing the Service
You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile device that is suitable to connect with and use the Service, in cases where the Service offers a mobile component.
You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Service.
2. Accepting the Terms
In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms.
You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Baltazar Labs in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that Baltazar Labs will treat your use of the Services as acceptance of the Terms from that point onwards.
You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with Baltazar Labs, or otherwise incapable of forming binding contracts.
2.4. Restrictions to Use of the Service
The following restrictions apply to the use of the Service:
a. You shall not create an Account or access the Service if you are under the age of 13;
b. You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorised use of the Service by minors. Your are responsible for any use of your credit card or other payment instrument (e.g. paypal) by minors;
c. You shall not have more than one Account, per platform or SNS, at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
d. You shall not create an Account or use the Service if you are a convicted sex offender;
e. You shall not have an Account or use the Service if you have previously been removed by Baltazar Labs, or previously been banned from playing any Baltazar Labs game;
f. You shall use your Account only for non-commercial purposes;
g. You shall not use your Account to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone;
h. You shall not use your Account to engage in any illegal conduct;
i. You shall not rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any virtual items or virtual currency associated with your Account to anyone without Baltazar Labs’s written permission; and
j. You shall not access or use an Account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the Account creator without Baltazar Labs’s permission.
k. If you access the Service from an SNS you shall comply with its terms of service/use as well as these Terms of Service.
3. Availability of Services
Due to the continuing development and improvement of the Services, they are subject to change.You acknowledge and agree that the form and nature of the Services provided by Baltazar Labs may change from time to time without prior notice to you.
You acknowledge and agree that Baltazar Labs do not guarantee completely uninterrupted and continuous availability of the Services. While the Services shall be available for the vast majority of the time, the operation of the Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Baltazar Labs shall not be responsible to User or others for any such interruptions, errors or problems or an outright discontinuance of the Services.
You acknowledge and agree that if Baltazar Labs disable access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. Access to accounts may only be disabled in the event of violation of the Terms or in the case of User's actions potentially disrupting to the operation of the Services.
In the case of the termination of the Services, Baltazar Labs will notify the Users well in advance and continue to operate the Services according to contractual obligations until the paid subscriptions or content to StickrBoo have expired.
4. User's account, password and security
By using the Services, you represent and warrant that all registration information is truthful and accurate and you agree to maintain the accuracy of such information.
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
Accordingly, you agree that you will be solely responsible for all activities that occur under your account.
5. Privacy and your personal information
5.3 Responsible For Your Own Content
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others.
Information, materials, products or services provided by other users (for instance, in their profiles) may, in whole or in part, be unauthorised, impermissible or otherwise violate these Terms of Service, and Baltazar Labs assumes no responsibility or liability for this material. If you become aware of misuse of the Service by any person, please use any "Report Abuse" link provided or contact us at Customer Support.
Baltazar Labs may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Baltazar Labs violates these Terms of Service.
Baltazar Labs reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Service.
6. User Interactions
6.1. Member Disputes
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Baltazar Labs games. Baltazar Labs reserves the right, but has no obligation, to become involved in any way with these disputes.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
7. Ownership of Virtual Items
Baltazar Labs owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or the Baltazar Labs games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods appearing or originating in any Baltazar Labs game, whether earned in a game or purchased from Baltazar Labs, or any other attributes associated with an Account or stored on the Service.
Baltazar Labs prohibits and does not recognise any purported transfers of virtual property effectuated outside of the Service, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Service, unless otherwise expressly authorised by Baltazar Labs in writing. Accordingly, you may not trade, sell or attempt to sell in-game items for "real" money, or exchange those items or currency for value of any kind outside of a game, without Baltazar Labs’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.
7. Free accounts
Visitors to StickrBoo may register a free account with their social networking services ("SNS" such as FaceBook) accounts or e-mail address and thus become Registered Users. Free accounts offer basic features free of charge.
8. FEES AND PURCHASE TERMS
In the Service you may purchase, with "real world" money, a license to use "virtual in-game items" ("Virtual Items" or "Collectibles"). You may also obtain a license to use Virtual Items by redeeming third party virtual currency such as Facebook Credits.
ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE NON-REFUNDABLE.
You can order Virtual Items by visiting the purchase page in one of our games, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms. When you place an order to purchase Virtual Items from our Service, we may send you a confirmatory e-mail that will contain details of the items you have ordered. Please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for your records. Baltazar Labs keeps records of transactions in order to deal with any subsequent queries. If you purchase Facebook Credits from Facebook, you are agreeing to Facebook’s Payment Terms and Baltazar Labs is not a party to the transaction.
For Virtual Items, your order will represent an offer to us to purchase the relevant product(s) which will be accepted by us when we make the Virtual Items available in your account for you to use in our games or debit your credit card, whichever comes first.
The provision of Virtual Items for use in Baltazar Labs games is a service provided by Baltazar Labs that commences immediately upon acceptance by Baltazar Labs of your purchase. By ordering Virtual Items you agree and accept that Baltazar Labs will provide them to you immediately following completion of your purchase. If you reside in the European Union and you purchase a product or service from Baltazar Labs, you have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the "Cooling Off Period"). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. Accordingly, please note that if you purchase Virtual Items from us, your right of withdrawal is lost as the performance of our services begins immediately once your purchase is completed.
8.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Baltazar Labs may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT Baltazar Labs IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
9. Proprietary rights
You acknowledge and agree that Baltazar Labs own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Unless you have agreed otherwise in writing with Baltazar Labs, nothing in the Terms gives you a right to use any of Baltazar Labs's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
10. Licence from Baltazar Labs
Baltazar Labs gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by Baltazar Labs as part of the Services as provided to you by Baltazar Labs (referred to as the “Software” below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Baltazar Labs, in the manner permitted by the Terms.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Baltazar Labs, in writing.
Unless Baltazar Labs have given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
11. Ending your relationship with Baltazar Labs
The Terms will continue to apply until terminated by either you or Baltazar Labs as set out below.
If you want to terminate your legal agreement with Baltazar Labs, you may do so by deleting your accounts for the Services and deleting and/or ceasing the use of all Software provided by Baltazar Labs.
Baltazar Labs may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Baltazar Labs are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the provision of the Services to you by Baltazar Labs is, in Baltazar Labs' opinion, no longer commercially viable.
11. Exclusion of Warranties
The Services are provided "as is" and Baltazar Labs give you no warranty with respect to them.
In particular, Baltazar Labs do not represent or warrant to you that:
(A) your use of the Services will meet your requirements,
(B) your use of the Services will be uninterrupted, timely, secure or free from error,
(C) any information obtained by you as a result of your use of the Services will be accurate or reliable, and
(D) that defects in the operation or functionality of any Software provided to you as part of the Services will be corrected.
No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms.
Nothing in the Terms shall affect those statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
13. DISCLAIMERS / LIMITATIONS / WAIVERS / INDEMNIFICATION
13.1. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
WITHOUT LIMITING THE FOREGOING, NEITHER Baltazar Labs NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "Baltazar Labs PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
13.2. LIMITATIONS; WAIVERS OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE Baltazar Labs PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE Baltazar Labs PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE Baltazar Labs PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
UNDER NO CIRCUMSTANCES WILL THE Baltazar Labs PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID Baltazar Labs IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID Baltazar Labs ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Baltazar Labs IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU.
You agree to indemnify, save, and hold Baltazar Labs, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Baltazar Labs reserves the right, at Your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify Baltazar Labs, and you agree to cooperate with Baltazar Labs’s defence of these claims. Baltazar Labs will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.
14. GENERAL PROVISIONS
14.2. Supplemental Policies
Baltazar Labs may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
14.3. Entire Agreement
14.4. No Waiver
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Baltazar Labs shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Baltazar Labs.
Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
14.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to Baltazar Labs are of a unique and irreplaceable nature, the loss of which shall irreparably harm Baltazar Labs and which cannot be replaced by monetary damages alone so that Baltazar Labs shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Baltazar Labs game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 13.2. (if any).
14.7. Force Majeure
Baltazar Labs shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Baltazar Labs, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Baltazar Labs’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.