Terms and Conditions

This is the official Terms of Service Agreement ("Agreement") for BlazingBilby.com ("Site," "we," "us," or "our"), an Internet website owned and operated by Whisker Tickle Games, Ltd. This Agreement governs only the content, features, and activities related to this Site.

These terms and conditions regarding your use of the Site constitute a legally binding agreement between you and the Site and Whisker Tickle Games, Ltd. By using this Site, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and services.

Interpretation

In these Terms:

  • "Site," "we," "us," or "our" means BlazingBilby.com website, including all websites and web pages within the Site as well as any equivalent, mirror, replacement, substitute or backup websites and web pages that are associated with the Site, and including the Material
  • “You” or “user” means the person accessing the Site
  • “Terms” means these terms and conditions
  • "use" and/or "using" mean any time a user directly accesses or attempts to access, interact with use, display, view, print or copy from the Site, or transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose
  • “Intellectual Property” or “IP” means the contents of this Site, including all Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names.
  1. Personal License and Accessing Site
    1. 1.1 Whisker Tickle Games, Ltd. hereby grants you the limited right to access, view and use the Site only for the purposes of accessing, viewing or playing content, posting or submitting User Material (as defined in the Whisker Tickle Games, Ltd. User Submission Agreement), using the embedded link function, placing store orders or for accessing information, Applications (as defined herein) and services. Whisker Tickle Games, Ltd. reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site. This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to Whisker Tickle Games, Ltd..
    2. 1.2 Minors should seek consent of their legal guardians before using this site. Unless you have received specific written permission from Whisker Tickle Games, Ltd., you may not:
      1. "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Site;
      2. alter or modify any content on the Site; or
      3. deep link or gain unauthorized access to any portion of the Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Site and/or Applications for any commercial purpose.
    3. 1.3 This Site is offered and made available only to users twelve (12) years of age or older. By using the Site, you certify that you are 12 years of age or older (or other required greater age for certain features, where applicable) and meet any other eligibility requirements of the Site. Please discontinue using the Site immediately If:
      1. you are not yet 12 years old or the required greater age for certain features, and or until your parent has registered their email authorisation with the Site; or
      2. for any reason, you do not agree with all of these Terms.
    4. 1.4 If you are found to be underage, your account may be terminated without notice, but your account can be reinstated when you turn 12 by having your parents/guardians send us acknowledgement of your birthdate or by your parent authorising your use by sending us request via our Contact page.
    5. 1.5 This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This Agreement constitutes the entire and exclusive Agreement between you and us regarding use of the Site and cannot be modified, except as specifically described below in Section 3.
    6. 1.6 If you are registered to use the Site, your account will remain active. If you wish to discontinue use of the site, you should no longer log into your account.
  2. Registration and Use of Password
    1. 2.1 We may require each user to have a unique user name and password combination in order to access and use certain features or functions of the Site. Please read our Privacy Policy, which describes the personally identifiable information ("Personal Information") we collect, use, disclose, manage and store. As part of the registration process for the feature or function, you will choose a user name and password. Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorisation of anyone else to use your user name or password. You agree to notify us immediately if you become aware of or believe there is or may have been any unauthorised use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns.
    2. 2.2 PASSWORDS ARE ISSUED ON A PERSONAL BASIS. ACCORDINGLY, ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE WILL BE DEEMED BINDING ON YOU. You agree that you are solely responsible and liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible.
  3. Modifications
    1. We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on the Site and or notify you upon login about these changes; the form of such notice is at our discretion. Once we post them on the Site, these changes become effective immediately and if you use the Site after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review this Agreement including, but not limited to, the Whisker Tickle Games, Ltd. User Submission Agreement, any other Additional Terms and Rules and Privacy Policy, regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.
  4. Ownership of Intellectual Property
    1. 4.1 The IP is the property of Whisker Tickle Games, Ltd., under New Zealand and International copyright laws, as well as applicable foreign laws, regulations and treaties. The Site is to be used solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes.
    2. 4.2 You must not personally, nor allow any third party to (whether or not for your benefit):
      1. alter, delete or conceal any copyright or other notices contained on the Site, including notices on any IP you download, transmit, display, print or reproduce from the Site;
      2. reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any IP without the express prior written consent of Whisker Tickle Games, Ltd..
    3. 4.3 Any unauthorized or prohibited use of any IP may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act quickly to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others.
    4. 4.4 We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur. If you believe that the Site contains elements that infringe your copyrights in your work, please contact us immediately.
  5. Advertising
    1. From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the "Advertisers") such as our advertisers, sponsors, or promotional partners, as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
  6. Rules of Conduct
    1. 6.1 Your use of the Site is subject to all applicable local, state, national and international copyright laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:
      • be libellous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may not appear to impersonate anyone else;
      • affect us adversely or reflect negatively on us, the Site, our goodwill, our employees or moderators, our name or reputation, or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
      • send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, surveys, contests, pyramid scheme, or so-called "spamming" and "phishing", or encourage other users to copy a message;
      • be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
      • transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information, or link to any web site which promotes or teaches these actions;
      • create a false identity for the purpose of misleading others (including the creation of alternate accounts) or forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
      • disrupt the normal flow of Communities (as defined below) with an excessive number of messages (i.e. flooding attack) or that otherwise negatively affects other users' ability to participate in Communities;
      • contact anyone who has asked not to be contacted;
      • "stalk" or otherwise harass anyone;
      • violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with this Agreement;
      • modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights of use and enjoyment of the Site by any other person, firm or enterprise; or
      • collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
    2. 6.2 If you choose to use the embedded link function, you agree not to embed a link on or within any illegal site, including but not limited to any site that is indecent, obscene or pornographic or that is determined to be otherwise objectionable in Whisker Tickle Games, Ltd. sole and absolute discretion. Whisker Tickle Games, Ltd. reserves the right to disable embedded links at any time without notice.
    3. 6.3 Users are permitted to create ONE alternate account for each multiplayer game with the sole intention to join a "group" or "faery clan" with that group or faery clan name as part of their username. However, these alternate user accounts are NOT permitted to post messages in the forums, on game pages, or on other user profile pages. Each alternate account you create MUST be linked in your primary account's biography, and each alternate account's biography must link back to your primary account name in its profile area. The alternate account profile must turn off profile comments so users may not leave messages on that account. Failure to comply can result in removal of messages, as well as temporary or permanent bans to the accounts in question, with or without notice, at the sole discretion of Whisker Tickle Games, Ltd.. We reserve the right to limit each player to one alternate account per multiplayer game, and reserve the right to prohibit any user from creating alternate accounts.
  7. Limited Non-Commercial License to Use Applications
    1. 7.1 Whisker Tickle Games, Ltd. may offer you the ability to use certain applications, including without limitation, instant messages, chat areas, bulletin boards, e-mail functions, software and services that allow you to download specific content from the Site.
    2. 7.2 Applications that are made available to you are the copyrighted work of Whisker Tickle Games, Ltd.. The use of each Application is governed by the end user license agreement ("EULA") that accompanies or is included in the Application or is expressly stated on the Site pages accompanying the Application and this Agreement. In the event that no EULA accompanies the Application, then only this Agreement shall govern your use of the Application. You may not download or use any Application from the Site without agreeing to the EULA, if any, and this Agreement. Certain Applications may be owned by third parties and distributed under a third party EULA and you agree that Whisker Tickle Games, Ltd. shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.
    3. 7.3 Whisker Tickle Games, Ltd. may cease support of any Application at any time in its sole discretion or terminate your use of or access to any Application.
    4. 7.4 Applications you use or download from the Site may contain third party digital rights management systems ("DRMS") which may allow for communication between your software and the third party and utilize security features (e.g., preventing distribution of or access to the applications in the event of unauthorized use). These DRMS are subject to their own license agreements and you agree that Whisker Tickle Games, Ltd. shall not be responsible for any loss or damage of any sort relating to or resulting from the use of the DRMS or your dealings with such third parties.
  8. Viral Features
    1. There may be portions of our Site, content, functionality or features (e.g. digital streaming media player(s) or our sharing/embedding feature) ("Viral Features") that we make available to users for your personal use. Viral Features does not include Applications as defined herein. While we can obviously change how, to whom and to what extent we make these Viral Features available at any time without any notice and in our sole discretion, so long as they are available to you, whenever you visit our Site or take advantage of any of these Viral Features (whether you use these Viral Features on your own personal or customized web pages, whether they are displayed or appear embedded or housed within a web page or website of anyone else, whether a commercial website or web page, an advertisement, promotional message or even a personalized or customized web page of a friend or through any device that can access any of these Viral Features) you agree not to download any content made available as part of the Viral Features and acknowledge that such content is available only for streaming viewing and, further, that you are bound by the applicable provisions of this Agreement and our Privacy Policy.
  9. Competitions and Promotions
    1. From time to time, Whisker Tickle Games, Ltd., may conduct promotions through the Site, including, without limitation, competitions ("Promotions"). Each Promotion may have Additional Terms and/or Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.
  10. Hyperlinks to Third Party Sites
    1. The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of, the Site or Whisker Tickle Games, Ltd..
  11. Disclaimer and Limitations of Liability
    1. 12.1 THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, Postings and Materials associated with your use of the Site.
    2. 12.2 EXCEPT AS SPECIFICALLY SET FORTH IN THESE TERMS, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
    3. 12.3 YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, WHISKER TICKLE GAMES, LTD., ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
    4. 12.4 YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THIS AGREEMENT BY THE SITE, WHISKER TICKLE GAMES, LTD., ITS PARENT COMPANIES OR ANY OF THEIR AFFILIATES OR AGENTS SHALL BE, AT WHISKER TICKLE GAMES, LTD.OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON WHISKER TICKLE GAMES, LTD.; OR (2) REFUND OF THE AMOUNT THAT YOU PAID TO WHISKER TICKLE GAMES, LTD.. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THIS AGREEMENT SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  12. Assumption of Risks and Mature Content
    1. YOU ASSUME ALL RISKS THAT THE SITE, CONTENT, USER MATERIALS, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY PARTICIPATING IN MULTI-PLAYER GAMES OR VISITING CHAT ROOMS YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT WHISKER TICKLE GAMES, LTD.SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.
  13. Indemnification
    1. You agree to indemnify, defend and hold the Site, Whisker Tickle Games, Ltd., and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or public posting of your Postings.
  14. Privacy
    1. We respect your privacy and the use and protection of your Personal Information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Site.
  15. International Usage
    1. This Site is controlled and operated by Whisker Tickle Games, Ltd. from its offices within New Zealand and Australia. Whisker Tickle Games, Ltd. makes no representation that the Site, Applications, or related information offered by Whisker Tickle Games, Ltd. are appropriate or available in other locations or legal jurisdictions. Those who choose to access the Site from other locations or legal jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
  16. Applicable Law and Miscellaneous Terms
    1. 17.1 This Agreement is subject to the laws of New Zealand and you agree to be bound by the sole jurisdiction of the courts of New Zealand sitting in New Zealand.
    2. 17.2 This Agreement together with any Additional Terms, Rules, our Privacy Policy and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and the Site and supersedes any and all prior or inconsistent understandings relating to the Site and your use of the Site.
    3. 17.3 This Agreement cannot be changed or terminated orally.
    4. 17.4 If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

This Terms of Service Agreement was last modified on Nov 28, 2012, and is effective immediately.

Copyright 2012 Whisker Tickle Games, Ltd.- All Rights Reserved.