Effective Date: April 1, 2020 Last update: April 1, 2020
Please read this Terms of Service Agreement (the “Terms of Service”) carefully before using our services. Sun Machine Entertainment Inc. designs, develops, and operates its own original video games, concentrating on IP ownership to maximize value through direct revenue, licensing, advertising, and partnership opportunities. The Terms of Service governs the relationship between you and Sun Machine Entertainment Inc., a British Columbia corporation, regarding your use of Sun Machine’s games, websites including mobile versions: https://www.sunmachinegames.com, https://www.playgobig.com, https://www.playgobig.ca, and other websites controlled by Sun Machine that are related to our mobile applications (collectively the “Websites”) and related services, including but not limited to locally installed mobile web applications, all sunmachinegames.com URLs, community forums, blogs, third party platforms including social networking sites, and various API services and other services, such as communication services, that we may offer from time to time (collectively, the “Services”) operated by or on behalf of Sun Machine Entertainment Inc., and/or its affiliates (“Sun Machine”, “we”, or “us”). Our Privacy Notice is incorporated by reference into the Terms of Service.
This is a legally binding agreement between you and Sun Machine. By installing, using or otherwise accessing the services, you agree to these terms of service. If you do not agree to these terms of service, please do not install, use or otherwise access the services. Your right to use the websites and/or services is subject to your compliance with all of the terms and conditions set forth herein.
Except as set forth herein, you must be at least 13 years of age to use the Services, or anything accessible or available through the Services or through third party platforms, register for an Account (defined below), or transmit or submit any Post (defined below) or any personal information to any Social Media Platform (defined below) or Blog or anywhere else through the Services. By accessing, using and/or submitting content or messages to or through the Services, including Services available through third party platforms, you represent that you are at least 13 years old or older if you are a resident of the United States, United Kingdom or Canada, 16 years old if you are a resident of the European Economic Area, or an adult in any other jurisdictions.
Users Aged 13-18: if you are a parent or guardian and you provide your consent to your child’s registration with the Services, you agree to be bound by these terms in respect of such child’s use of the Services and/or anything accessible or available through the Services or through third party platforms. You also agree that any payments authorized by your child shall be your sole responsibility.
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
2. COMMUNICATION SERVICES
As part of the Services we provide to you and in connection with your use of Sun Machine’s games and relates websites, we send communication to you about events, forums, game features, promotions and purchase opportunities, including in the form of email communication. If you do not wish to receive these communications, you may unsubscribe from such communication through the “Unsubscribe” link included in each email or managing the communication feature through the Settings menu or by contacting us at below at:
Sun Machine Entertainment
#102-1183 Odlum Drive
Vancouver, BC V5L 2P6
Please put “Privacy Notice” in the subject line of the email and mark postal mail “Attention: Privacy” so that it may be directed to the correct person.
Our Services are designed to merge the science of game design with consumer behavior to create immersive games with high quality graphics. To provide the Services, we need information about you; we only use your information where we have a legal basis to do so. Please refer to our Privacy Notice, which is incorporated herein, to help you understand what information we collect, how we use it and what choices you have when you use our Services. Our Privacy Notice is incorporated into this Terms of Service by reference.
The information and materials provided on or through the Services, including without limitation, Virtual Currency (defined below), Site Items (defined below), and any other data, text, pictures, graphics, audio, video, icons, games, software, and upgrades for use in the Services (including any new levels, characters, and in-game items), links, and other content and features available on or through the Services (collectively, the “Materials”), excluding Posts (defined below), are intended to educate and inform you about us and our business and provide you with access to the Services. The Materials are provided “as is” and your use thereof is entirely at your own risk.
5. RIGHT TO MODIFY
We reserve the right, at any time, to modify, suspend, or discontinue the Materials, the Services, or any part or parts thereof with or without notice. You agree that Sun Machine will not be liable to you or to any third party for any such modification, suspension, or discontinuation.
6. INTELLECTUAL PROPERTY
You acknowledge that the Materials and Services are protected by and/or embody copyrights, trademarks, patents, trade secrets and/or other proprietary rights (“Intellectual Property”) owned by Sun Machine, and/or its licensors, including without limitation the selection, coordination, arrangement, compilation, assembly and any enhancements thereto. The Material and Services (and any Intellectual Property and other rights relating thereto) are and will remain the property of Sun Machine. The trademarks, trade names, trade dress, logos, and service marks displayed on the Services or any third party platform, including but not limited to the SUN MACHINE and GOBIG marks, logos and trade dress are the registered and/or unregistered trademarks of Sun Machine, Sun Machine’s licensors and vendors and/or other third parties. You acknowledge that the Intellectual Property is valid and protected in all media existing now or later developed and under Canadian and foreign laws. You acknowledge that you do not acquire any ownership rights in or to the Intellectual Property. The Intellectual Property may not be used by you for any purpose without Sun Machine’s prior express written permission, unless permissible by law. Notwithstanding the foregoing, the Intellectual Property may not be used in connection with any product or service that is not Sun Machine’s, in any manner that is likely to cause confusion among consumers, or in any manner that discloses confidential information or disparages Sun Machine. Nothing contained on or through the Services or available on any third-party platform should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property. Except as expressly provided in a separate license agreement, Sun Machine and its licensors of the Materials do not grant any express or implied rights to you under any patents, copyrights, trademarks, or trade secret information.
7.1. Limited License and Right to Use the Materials. The Services are provided for your enjoyment, and unless otherwise specified in the Services, solely for your own personal use. Sun Machine hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Services for your own non-commercial entertainment purposes, subject to your complete compliance with the Terms of Service and any and all other terms and policies set forth in the Services, including without limitation on third party platforms. Sun Machine reserves the right to revoke your right to use the Services at any time as further set forth in Section 11 herein. You acknowledge that the time that you spend using the Services including without limitation on any third party platforms, is solely for your personal entertainment purposes, and that no monetary value can be attributed to such time and that, but for the license granted herein, you are not entitled under the law to use or have access to the Services and/or the Materials. Except as expressly provided herein, Sun Machine does not grant you any other express or implied rights or license in or to the Materials and/or Services, and all right, title and interest that Sun Machine has in the Materials and/or Services not explicitly granted to you by Sun Machine or its licensors are retained by Sun Machine or its licensors, respectively. Except as expressly set forth in these Terms of Service, you may not modify (including without limitation making derivative works), copy, adapt, reverse engineer, de-compile or otherwise reduce to human perceivable format, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, transfer, license or sublicense, publicly display, or sell in any form or by any means, in whole or in part, Materials without Sun Machine’s or its licensors’ express prior written permission. This includes, but is not limited to scraping user locations, power levels, or utilizing any non public information about game play or other users and migrating that data anywhere.
7.2. User Ideas. Sun Machine does not accept or consider from users unsolicited ideas, including ideas for new promotions, products, games, applications, technologies or processes or other ideas (collectively, “User Ideas”). You must not transmit any User Ideas to or through the Services or third-party platforms, or to Sun Machine through e-mail, that you consider to be confidential or proprietary. You agree that Sun Machine shall not be required to treat any User Ideas as being confidential or proprietary. You are responsible and liable for any User Ideas you submit. You agree that by submitting User Ideas to Sun Machine, including any concepts, know-how or ideas, you hereby grant Sun Machine a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, sell, exploit, prepare derivative works of and display the User Ideas in connection with the Services, and for Sun Machine’s (and its successor’s) business, including without limitation, for promoting and redistributing part or all of the User Ideas (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting to you or others. Sun Machine is under no obligation to evaluate, review, or use any User Idea.
8. YOUR ACCOUNT
In order to access and/or use certain aspects of the Services, we may require you to create a user Account (“Account”). You acknowledge and agree that you have no ownership or other proprietary interest in such Account. To create an Account, we may require or request that you to provide us with certain personal information (e.g., your name and/or e-mail address). Providing Sun Machine with your personal information is your choice. Each time you decide to provide Sun Machine with your personal information, you agree to: (a) provide accurate information about yourself as prompted by our registration form (including your current e-mail address) and (b) maintain and update your information (including your e-mail address) to keep it accurate and current. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, Sun Machine has the right to terminate your access to and use of the Services (or any portion thereof) and your participation in any Services, including Services available on any third party platform. To create an Account, we may require you to select a username and password. Your username is subject to certain terms and standards, as set forth in Sections 8.1 and 9 below. You agree that Sun Machine has the right in its sole discretion to suspend or terminate your user Account and refuse any and all current or future use of the Services or any portion thereof.
8.1. User Name & Password. You acknowledge that you shall be responsible for ensuring that any user name you select does not infringe any third-party rights or is otherwise unlawful. Sun Machine may refuse to grant you a username in its sole discretion for any reason including if it impersonates or misleadingly implies an association with the persona of another person or entity, is or may be illegal, is or may be protected by trademark or other proprietary rights, is vulgar or otherwise offensive, or may cause confusion, or for any other reason as determined by us in our sole discretion. Your selection and use of a specific username does not convey any ownership or rights in that username and Sun Machine reserves the right to revoke and/or reassign that username in its sole discretion. You understand and agree that Sun Machine reserves the right to change, remove, alter or delete any username, with or without prior notice to you, at any time and for any reason in Sun Machine’s sole discretion.
You are entirely responsible for maintaining the confidentiality of your username and password and all access to and use of your account, including any and all activities (including use of virtual currency, site items, or services on or through the websites or third party platforms, as applicable) that are conducted through the use of your username and password whether or not authorized by you.
You agree not to transfer or resell or otherwise convey your Account or the right to use your Account or rights therein to anyone. If you have reason to believe that your Account is no longer secure, you must: (i) promptly change your password and (ii) immediately notify us of the problem by e-mailing us at email@example.com (with the subject line: “Username Password Security Issues”).
You may not use anyone else’s Account at any time, and you may not allow anyone else to use your Account at any time. You agree that Sun Machine will not be liable for any loss you may incur as a result of someone else using your Account, either with or without your knowledge, and you further agree that you will be liable for losses incurred by Sun Machine or another party due to someone else using your Account. Because of this, Sun Machine strongly recommends that you exit from your Account at the end of each session.
You agree to pay all fees or charges incurred by your Account, including applicable taxes at the time that the applicable fee or charge becomes payable. Unless otherwise indicated, all prices are in US Dollars. Sun Machine may add new products and services for additional fees and charges, or proactively amend fees and charges for Services and/or Materials, at any time in our sole discretion. You represent to Sun Machine that you are an authorized user of the chosen method of payment used to pay any fees you incur plus all applicable taxes. You acknowledge and agree that you are fully liable for all fees and charges made through your account. You acknowledge and agree that there are no refunds for fees and charges made through your account.
9. CODE OF CONDUCT STANDARDS
While using any of the Services and/or Materials, including on or in any Posts (as defined below), postings or ratings, you agree to follow our community standards, code of conduct, and guidelines set forth in social media platforms or any other supplemental policies or documents (any all such standards are hereby incorporated by reference into these Terms or Service) (collectively, “Standards”).
Those who choose to access or use the Services or the Materials from locations outside of Canada do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, e-mail, or privacy. You agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside. Users accessing the Services or third-party platforms from countries outside of Canada must agree to abide by all local rules regarding online conduct and acceptable content.
Further, you agree not to (this list is not exhaustive and may be updated from time to time):
- Use the Services in any manner that violates any applicable laws or regulations or is prohibited by these Terms;
- “Stalk”, harass, threaten, or defraud other Sun Machine users or any members of Sun Machine staff, including by bullying, griefing, SHOUTING, flooding, or by hitting the return key repeatedly;
- Create a false identity or impersonate another person or entity, including without limitation, identities falsely indicating that you are a Sun Machine official or representative, message board moderator, guide, another user or host, or that you are a celebrity or public figure;
- Access another user’s Account without permission;
- Send, post, transmit or make available any pornographic, sexually graphic, threatening, embarrassing, hateful, racially or ethnically insulting, inciteful, deceptive, tortuous, defamatory, libelous, or otherwise inappropriate or offensive comments or content, including any uses of characters such as 1@#$% to replace letters and including any topics that may be harmful to or threaten the security of a child or minor;
- Make offers, advertisements or proposals for goods, services, or other commercial activities outside of Sun Machine;
- Send, post, transmit or make available any unsolicited or inappropriate content, information or Posts, junk mail, SPAM, chain letters, pyramid schemes, investment opportunities, or other unsolicited or unauthorized commercial or promotional content, information or communications, except as expressly permitted by Sun Machine as set forth in the Terms or in writing;
- Share Sun Machine passwords with a third party;
- Send, post, transmit or make available any content, information or Posts that are subject to intellectual property protection, including, copyright trademark, trade secret or patent rights, or otherwise subject to third party property rights, including rights of privacy and publicity, unless you are the owner of such rights or have permission from the owner of such rights to do so and to grant Sun Machine all the license rights necessary to transmit or maintain such content, information or Posts;
- Misrepresent the source, identity, or content of information sent, posted, transmitted or made available via the Services or a third-party platform, (such as claiming a created work as your own that is not actually yours);
- Use features of the Services for anything other than their intended purpose, including exploiting glitches for personal gain;
- Interfere with or disable any security-related features of the Services, or any part thereof, including any Services available on or through any third-party platforms;
- Damage, disable, overburden, or impair the Services, including any Services available on or through any third party platforms, including by sending, posting, transmitting or distributing anything that contains a virus or other code intended to damage or interfere with the Services or any portion thereof, or any software, hardware, equipment, system, data, or other information of Sun Machine or any third party;
- Institute an attack upon any server used in connection with the Services, or any portion thereof, or otherwise attempt to disrupt such servers or any Services available thereon or on or through any third-party platform, including, by hacking or DOS attacks;
- Intentionally interfere with the operation or fair play of any Services including Services available through any third-party platform, or any other user’s enjoyment of such Services;
- Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any code or underlying ideas or algorithms of any part of the Services or Materials, including any Services available through third party platforms;
- Use, develop, or distribute any robot (or “bot”), spider, unauthorized script, unauthorized scraper or offline reader, or any other cheat, exploit, mod, bot, hack or the like, or any unauthorized third-party software designed to modify or interfere with or provide automated access to or use of the Services, or any portion thereof, including any Services available through any third party platform;
- Frame or mirror any part of the Services without Sun Machine’s written permission;
- Buy, sell or trade Site Items or user Accounts for non- Sun Machine items (including cash) or vice versa;
- Make improper use of Sun Machine’s support services, including by submitting false abuse reports;
- Imply or state that any statements you make are endorsed by Sun Machine without Sun Machine’s prior written consent;
- Harvest or collect any information about any user of the Services, including any Services available through third party platforms, including Personal Information or other Account information, including passwords, e-mail addresses, or geo-locations;
- Modify any part of the Services, including any Services available through any third-party platform, for your own personal or commercial purposes, including but not limited to, altering, adapting, licensing, sublicensing, or translating the Services; or
- Assist, permit or encourage any party in engaging in any of the activities described in the above listing;
- While using the Services or Materials, you agree to comply with these and all Standards, as well as all applicable laws, rules and regulations, Sun Machine has the sole discretion to delete, suspend, terminate or close your user Account, with or without prior notification to you, for any violation of these Terms, including any of the Standards.
10. SOCIAL MEDIA PLATFORMS & POSTS
The Services may include features such as ratings, message boards, e-mail services, blogs and/or other social media platforms or areas where you and others can post or transmit information onto or through the Services, including through third party platforms (collectively, “Social Media Platforms”), and may redistribute content you send/upload/post to the Services or through third party platforms.
By sending, posting or transmitting to Sun Machine photos, graphics, creative suggestions, ideas or User Ideas, notes, concepts, information, ratings or other materials (collectively, “Posts”) or by posting such Posts to any area of the Services (including without limitation, our Social Media Platforms) or on third party platforms, you grant Sun Machine and our designees and users a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Posts in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you or the provider of the Posts. None of the Posts will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Posts. Information and Post contained on our Social Media Platforms may be provided by persons not affiliated with us.
You must not transmit any Post to or through the Services or third-party platforms, or to Sun Machine that you consider to be confidential or proprietary, and any Posts shall be deemed non-confidential. You are responsible and liable for any Posts. You acknowledge and agree that your communications with other users via our Social Media Platforms are public and not private communications, and that you have no expectation of privacy concerning your use of our Social Media Platforms. You acknowledge that any personal information that you communicate via our Social Media Platforms may be seen and used by others and may result in unsolicited communications. Sun Machine strongly encourages you not to disclose any personal information about yourself in your communications via our Social Media Platforms. Sun Machine is not responsible for information that you choose to communicate via our Social Media Platforms or Posts.
You acknowledge that a large volume of information is available in our Social Media Platforms and that people participating in such Social Media Platforms occasionally submit Posts or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, illegal or deceptive. We neither endorse nor are responsible for such Posts or statements, or for any opinion, advice, information or other utterance made or displayed on the Services, through third party platforms, or in any of our Social Media Platforms by third persons or parties. The opinions expressed in the Posts reflect solely the opinion(s) of the participants of the Social Media Platforms and do not necessarily reflect the opinion(s) of Sun Machine.
We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in Posts or for any results obtained from the use of any such statements or information. Under no circumstances will Sun Machine or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on the Posts or on any information or materials obtained through the Services, or any third-party platform. We have no obligation to monitor the Services any third party platform, or our Social Media Platforms, or any Posts or other materials that you or other third persons or parties transmit or post on the Services, on any third party platform, or in our Social Media Platforms. You acknowledge and agree that Sun Machine has the right (but not the obligation) to do any or all of the following, at its sole discretion: (i) alter, remove, or refuse to post or allow to be posted or stored any Post or message; (ii) monitor and/or filter any of your communications through our Social Media Platforms (including without limitation, by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); and/or (iii) disclose any Post or message or any communication through our Social Media Platforms, and the circumstances surrounding the transmission thereof, to any third party in order to operate the Services available thereon or through any third party platform to (a) protect Sun Machine and its sponsors, employees, officers, directors, shareholders, agents, representatives and affiliates, and Sun Machine’s users and visitors; (b) to comply with legal obligations or governmental requests; and (c) to enforce these Terms or Service; or for any other reason or purpose. Notwithstanding anything stated herein, by submitting a Post you represent and warrant that (a) you own or otherwise control all of the rights including without limitation, all copyrights, to your Post or are otherwise legally entitled to submit the Post; (b) the content is accurate; (b) use of the content you supply does not violate the Terms of Service and will not cause injury to any person or entity; and (d) you will indemnify Sun Machine and/or its subsidiaries and affiliates for all claims resulting from any content, information, and ratings, including without limitation, all Posts, you supply, provide or transmit to Sun Machine or the Services or any third party platform. Sun Machine has the right, but not the obligation, to monitor and edit or remove any activity or content. Sun Machine takes no responsibility and assumes no liability for any content, materials or Posts submitted by you or any third party. Sun Machine reserves the right to remove any Posts that it determines in its sole discretion violates of any law or right of any person, infringes the rights of any person, or is otherwise inappropriate for posting or appearing in the Services, or in any third party platform.
Sun Machine may store Posts indefinitely. However, Sun Machine has no obligation to store Posts or make Posts available to you in the future and Posts may be destroyed without your permission with no liability to Sun Machine for doing so.
Your right to access and use the Services and the Materials will remain effective until terminated in accordance with the Terms. Sun Machine reserves the right to revoke the license granted to you herein, and if we do, Sun Machine may terminate your access to and use of the Websites, Services and Materials and may, in its sole discretion, maintain or delete your Account and any items associated therewith, including without limitation any Virtual Currency, Site Items, and Posts. If Sun Machine revokes your license, Sun Machine will not have any liability to you for any time spent by you, any Virtual Currency, Site Items and/or Posts associated with your Account, or for any other reason whatsoever. In particular, but without limitation, you understand that value cannot and shall not be attributed to the time that you may spend accumulating Virtual Currency, accumulating or creating Site Items, creating Posts, or accumulating or creating any other digital and/or virtual objects, and you understand and agree that you will not be compensated under any circumstances for any Virtual Currency, Site Items, or Posts, regardless of whether you are barred from access to them.
Sun Machine may suspend, terminate, modify, or delete your Account or rights thereto with or without prior notice to you, at any time for any reason or for no reason, including without limitation, for any violation or suspected violation of the Terms or for any other reason that Sun Machine in its sole discretion determines is appropriate. For example, your Account may be deleted and terminated without warning if Sun Machine believes, in its sole discretion, that you are under 13 years of age; if you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete); or Sun Machine has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. Upon termination, your right to access and use the Websites, Services and Materials, including without limitation the Site Items and Virtual Currency, will immediately cease. Sun Machine also reserves the right to refuse service to anyone and to remove content, Posts or Materials for any reason whatsoever in its sole discretion.
You may close your Account by submitting a request here with the subject “Please Close My Account” firstname.lastname@example.org. Sun Machine may terminate your Account, in its discretion, if it has been inactive for a period of at least 6 months. Your Account will be considered inactive if you do not log on to any Websites or Services using your username and password.
The provisions of Sections 6, 7.2, 8, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20.2, 20.5, 20.6, 20.7, 20.8, 20.9, 20.10 and 20.11 will survive any termination of this Terms of Service.
12. VIRTUAL CURRENCY/SITE ITEMS
You acknowledge that the Services may include a component of fictional credits or currency sometimes called “Points” (collectively, “Virtual Currency”). The Virtual Currency may be used exclusively within the Services to gain access to and certain limited rights to use virtual items for use exclusively within the Services (“Site Items”). Regardless of the terminology used, Virtual Currency represents a limited license right governed solely under these Terms of Service and is not redeemable for any sum of money or monetary value from Sun Machine or any other person or entity at any time. Virtual Currency provided by Sun Machine includes only a limited license right to use Virtual Currency. Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use Virtual Currency on and in the Services including in or for any games, applications or other services provided or offered on or through websites and/or third party platforms, you agree that you have no right, title or ownership in or to any such Virtual Currency.
You acknowledge and agree that Virtual Currency and Site Items have no cash value and that neither Sun Machine nor any other person or entity has any obligation to exchange your Virtual Currency or Site Items for anything of value, including without limitation, real currency, and that, if your Account is terminated, suspended or otherwise modified or if your right to access the Services is terminated, the Virtual Currency, Site Items and your Account shall have no value.
Sun Machine reserves the right to charge fees for the right to access or use Virtual Currency or Site Items, and/or may distribute Virtual Currency or Site Items without charge, in its sole discretion. For example, Sun Machine may, as a promotion or benefit of membership, provide users with a certain amount of Virtual Currency or a certain Site Item based upon the completion of an activity, such as signing up a certain number of users. You acknowledge and agree that Sun Machine may revise or take action that impacts the perceived value of or pricing for any Virtual Currency, Site Items and/or any Services at any time.
All purchases of Virtual Currency and Site Items are final and under no circumstances will be refundable, transferable or exchangeable. By purchasing Virtual Currency and Site Items (e.g. clicking or tapping the relevant purchase button), you are confirming that you want the Virtual Currency and/or Site Item immediately credited to your Account and that by doing so you lose any cancellation rights under applicable laws, including but not limited to the EU Consumer Rights Directive (2011/83/EU) and/or any national laws implementing it.
Sun Machine has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Site Items as it sees fit in its sole discretion, and Sun Machine shall have no liability to you or anyone else for the exercise of such rights. For example, Virtual Currency and Site Items will be lost, deleted from your Account, or forfeited when/if your Account is terminated, suspended or closed for any reason or when Sun Machine discontinues any or all of the Services, including without limitation any Services provided or offered through third party platforms.
Sun Machine reserves the right, in its sole discretion, to make all calculations regarding the balance of Virtual Currency in your Account. Sun Machine further reserves the right, in its sole discretion, to determine the number of Virtual Currency that are credited and debited from your Account in connection with your use of the Websites or Services (including any services provided or offered through third party platforms), entry into Promotions, and/or purchase of Site Items. While Sun Machine strives to make all such calculations on a consistent and reasonable basis, you hereby acknowledge and agree that Sun Machine’s determination of the amount of Virtual Currency in your Account is final, unless you can provide documentation to Sun Machine that such calculation was or is intentionally incorrect.
13. VIRTUAL CURRENCY TRANSFERS/TRANSACTIONS
Any unauthorized transferring, trading, selling or exchanging of any Virtual Currency, Site Items, or Accounts (“Unauthorized Transactions”) to anyone, including among other users of the Services is not sanctioned by Sun Machine and is strictly forbidden. All users who participate in such activities do so at their own risk and hereby agree to indemnify Sun Machine against any and all consequences resulting from such actions. You acknowledge that Sun Machine may stop, suspend, terminate, discontinue, or reverse any Unauthorized Transaction, regardless of when such Unauthorized Transaction occurred (or has yet to occur) when it suspects or has evidence of fraud, violations of the Terms or Service, violations of any other applicable law or regulation, or any intentional act designed to interfere at all with the normal operation of the Services. You further agree that Sun Machine may, in its sole discretion, reverse any transaction that is in its best interest, or may debit your balance of Virtual Currency, including without limitation, taking actions, which may cause your balance to be zero and/or a negative amount. Sun Machine may, in its sole discretion, terminate, suspend, or modify your Account if you engage or assist in any Unauthorized Transaction. Verification of certain information applicable to a transaction involving Virtual Currency and/or Site Items may be required prior to Sun Machine’s acceptance thereof. Sun Machine may replace such lost Virtual Currency and/or Site Items under certain circumstances, at its sole discretion on a case-by-case basis, without incurring any obligation or liability.
From time to time we may offer or allow you to participate in promotions, giveaways, contests or sweepstakes (each, a “Promotion”) via our Services, or through a third-party platform. Participation in any Promotion is subject to the official rules or guidelines governing that Promotion. Sun Machine may announce rules in connection with any Promotion, but regardless of whether specific rules are announced, all such opportunities will be controlled by the Terms or Service, unless specifically superseded by Promotion-specific rules. Please also be aware that if a third party administers the Promotion, your participation may be subject to additional terms and conditions, and you should specifically read such third party’s rules, terms of service, and privacy policies before participating. You agree that Sun Machine is not responsible for such third parties’ promotions.
15. THIRD PARTY OFFERINGS
The Services may include links to other websites or services (including advertisements and payment providers) solely as a convenience to you (“Linked Sites”). The inclusion of any Linked Site does not imply endorsement by Sun Machine of any third party, third party websites or any association with the operators of such Linked Sites. You are responsible for viewing and abiding by the privacy statements and terms of service/use posted at any third party or Linked Sites. The content on Linked Sites is not under the control of Sun Machine. Sun Machine does not provide or endorse any such Linked Sites, or the information, material, products, or services contained on or available or accessible on or through any Linked Sites, nor is Sun Machine responsible if the Linked Site is not functioning properly. Furthermore, Sun Machine makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. Access and use of Linked Sites, including the information, material, products, and services on Linked Sites or available through Linked Sites, is solely at your own risk, and you acknowledge and agree that Sun Machine is not responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by your use of any or dealings with any Linked Site or as the result of the presence of any advertisers on the Services or available through any third party platforms. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Websites or Services are solely between you and such advertiser. Any dealings with third parties, such as advertisers, included within the Services or through any third party platform or participation in Promotions involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Sun Machine is neither responsible nor liable for any part of such dealings or Promotions.
16. DISCLAIMER OF WARRANTIES
The Services, Websites and the Materials, including without limitation any products or services obtained through any third-party platform, are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Sun Machine and its affiliates, licensors, suppliers, advertisers, sponsors and agents, disclaim all warranties, express or implied, including without limitation, implied warranties of title, non-infringement, accuracy, merchantability and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade. Sun Machine and its affiliates, licensors, suppliers, advertisers, sponsors and agents do not warrant that your use of the Services, Websites or the Materials, including without limitation any products or services available through any third party platform, will be uninterrupted, error-free or secure, that defects will be corrected, or that the Services, Websites or the Materials or any part thereof, the Posts, the server(s) on which the Services are hosted, or any products or services available on any third party platform are free of viruses or other harmful components, or that all of the information are accurate. No opinion, advice or statement of Sun Machine or its affiliates, licensors, suppliers, advertisers, sponsors, agents, members or visitors, whether made through the Services or Websites, in the Materials, on third party platforms or otherwise, shall create any warranty. Your use of the Services, Websites and the Materials, including without limitation any products and services provided through any third-party platform, are entirely at your own risk.
17. LIMITED LIABILITY
Neither Sun Machine nor any of our subsidiaries, affiliates, licensors, suppliers, advertisers or sponsors, nor our or their directors, officers, employees, consultants, agents or other representatives, are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages (including without limitation, damages for loss of business, loss of data or lost profits), under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Services, Websites and/or the Materials, including that which is available through any third party platform, Posts, any linked websites or any code, product or service purchased, accessible or usable through the Services or any third party platform. Your sole remedy for dissatisfaction with the Services, Websites and/or the Materials, including that which is available through any third party platform, submissions or any linked websites is to stop using the Services, Websites, Materials, Posts, products, or linked websites, as applicable. The sole and exclusive maximum liability to Sun Machine for all damages, losses and causes of action, whether in contract, tort (including without limitation, negligence) or otherwise, shall be the total amount paid by you to Sun Machine in the preceding twelve (12) months, if any, to access or use the Services, Websites or the Materials. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. No communication of any kind between you and Sun Machine or a representative of Sun Machine constitutes a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in the Terms of Service. Multiple claims will not increase the monetary damages limit stated herein. You agree that the damage exclusions in these Terms of Service shall apply even if any remedy fails of its essential purpose.
You agree to indemnify, defend, and hold harmless Sun Machine (including its subsidiaries and affiliates), its officers, directors, partners, employees, consultants, and agents, from and against any third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (a) any allegation that any Post or other information you post, submit to us or transmit through the Services or through a third party platform infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other right of any third party; (b) your breach or violation (including through use of your username or Account, whether or not by you) of the Terms, including the Standards, or any applicable laws or regulations; (c) your access to and use of the Services, the Websites, the Materials, including that which is available on third party platforms, or Posts; (d) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful programming routines posted, submitted or transmitted by you through the Services, or on any third party platform; and/or (e) any claim that one of your postings, User Ideas or Posts caused damage to a third party, including without limitation, libel, defamation, loss of or harm to reputation or any other damage whatsoever.
19. DISPUTES & CLASS ACTION WAIVER
19.1. Disputes. Before bringing a formal legal case, please first try contacting us or try to find a resolution on one of our Social Media Platforms. Most disputes can be resolved that way.
19.2. No Class Actions. We all agree that we can only bring a claim against each other on an individual basis. That means neither you nor Sun Machine can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action.
20.1. System Outages. Sun Machine periodically schedules system downtime for the Services for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that Sun Machine has no responsibility and is not liable for: (a) the unavailability of the Services including those available on third party platforms; (b) any loss of Materials, data, transactions or any other information caused by such system outages; (c) the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or Materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting the Services, any Internet service providers, any third party platforms, or any Internet facilities and networks.
20.2. Statute of Limitations. Any claim or cause of action arising out of or related to use of the Services, the Websites, the Materials, including any services or information available through third party platforms, or the Terms or Service must be filed within 1 year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such 1-year period, such claim or cause of action are forever barred.
20.3. Modifications to these Terms of Service. Sun Machine has included the effective date of these Terms of Service both on the first and last page of this document. Sun Machine reserves the right to make changes to the Terms of Service at any time, however, Sun Machine shall provide notification to you in advance of any changes becoming effective, such as by posting a notification on the Services, typically on the websites, or via e-mail. If you continue to access and/or use the Services or Materials, including that which is available through any third party platform, after the effective date of such changes, then such access and/or use will be deemed an acceptance of and an agreement to follow and be bound by the Terms of Service as changed. The revised Terms of Service supersedes all previous notices or statements regarding the Services and Materials. For this reason, we encourage you to review these Terms of Service any time you access or use the Services or Materials. Upon our request, you agree to accept or sign a non-electronic version of these Terms of Service and any other policies or agreements set forth or available on or through the Services or any third-party platform.
20.4. Notice. Except as explicitly stated otherwise, legal notices will be served on Sun Machine’s national registered agent or to the e-mail address you provide to Sun Machine during the registration process. Notice will be deemed given twenty-four hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through your registration for any of the Services. In such case, notice will be deemed given three days after the date of mailing.
20.5. Waiver. The failure of Sun Machine to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Sun Machine.
20.6. Governing Law. The Terms of Service are governed by and construed in accordance with the laws of British Columbia, Canada, without regards to its principles of conflicts of law that would require the application of the laws of another jurisdiction, and shall be considered to have been made and accepted in Vancouver, British Columbia.
20.7. Jurisdiction for Legal Disputes Not Subject to Arbitration. If the Agreement to Arbitrate is determined to be invalid or unenforceable or for any disputes that do not qualify for arbitration, the dispute shall be subject to the exclusive jurisdiction of the courts located in Vancouver, British Columbia. You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
20.8. Severability. If any provision of the Terms of Service is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
20.9. Assignment. You agree that this Terms of Service and all agreements and information incorporated herein may be automatically assigned by Sun Machine, in its sole discretion, to a third party. You may not transfer or assign your obligations, nor the Terms of Service and any related rights and licenses granted hereunder, without Sun Machine’s prior written consent.
20.10. Entire Agreement. This Terms of Service, our Privacy Notice, and any supplemental policies and any documents expressly incorporated by reference herein constitute the entire agreement between you and Sun Machine relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between us with respect to such subject matter.
20.11. Miscellaneous. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Sun Machine’s performance of the Terms of Service is subject to existing laws and legal process, and nothing contained in the Terms of Service is in derogation of Sun Machine’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services, Websites and/or the Materials, including without limitation those available through third party platforms, and any information provided to or gathered by Sun Machine with respect to such use(s). A printed version of the Terms of Service and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to the Terms of Service must be written in the English language. Should you have any questions or concerns regarding these Terms of Service, please contact us through our website located at www.sunmachinegames.com.
Last update: April 1, 2020
WHO WE ARE
Sun Machine Entertainment Inc. (“Sun Machine”, “we” or “us”) designs, develops, and operates its own original video games, concentrating on IP ownership to maximize value through direct revenue, licensing, and advertising opportunities. Sun Machine is incorporated in British Columbia, Canada and our games and related services are offered to global users and accessible via the iTunes App Store and Google Play, covering both iPhone and Android users.
To create the best gaming experience for our players Sun Machine collects and processes information about you. Your privacy is important to us and this Privacy Notice describes our privacy practices at Sun Machine with respect to the information and data collected from your use of our mobile applications and websites including mobile versions: https://www.sunmachinegames.com, https://www.playgobig.com, https://www.playgobig.ca, and other websites controlled by Sun Machine that are related to our mobile applications that provide online products and services (collectively referred to as “Services”). This Privacy Notice will help you understand what information we collect, how we use it and your choices related to our use of your information. Please review this Privacy Notice carefully together with our Terms of Service, available at https://www.sunmachinegames.com/terms-of-service, which sets out the contract between you and Sun Machine and govern your use of the Services. If you do not agree with this Privacy Notice, please do not use the Services.
INFORMATION WE COLLECT
We collect (a) personal data that you actively submit to us as a user, (b) personal data we automatically collect through your use of the Services, (c) non-personal data we automatically collect through your use of the Services, and (d) personal data received from third parties.
(a) Personal Data You Actively Submit to Us as a User
We collect your Player Name if you create one to access certain in-game features. We may collect your email address and related information if you login on certain third-party platforms.
(b) Personal Data We Automatically Collect through Your Use of the Services
We collect online and mobile device identifiers when you access the Services, usually when you download and play one of our mobile applications or when you browse or interact with one of our websites. The type of identifier collected depends upon the device and technologies you are using to access the Services and include:
- IP address – Internet Protocol address used by computing devices such as personal computers, tablets and smartphones;
- MAC address – Media Access Control address assigned to a network interface controller;
- IDFA – Apple Device Advertising Identifier;
- GAID – Google Play/Android Device Advertising Identifier;
- GUID – Globally Unique Identifier, which is the reference used in relation to Microsoft technologies;
- UUID – Universally Unique Identifier, which is the reference used in relation to technologies other than Microsoft technologies.
The mobile device identifier IDFA is not collected if you have limited Ad Tracking on your device. Resetting your Ad Tracking setting will change collection of this data. Likewise, the mobile device identifier GAID is not collected if you have opted out of Ads Personalization on your device. Resetting your Ad Personalization setting will change collection of this data.
(c) Non-Personal Data We Automatically Collect through Your Use of the Services.
We collect non-personal device information, account information, and gameplay data automatically generated or collected through the Services including:
- General language & region setting (we don’t ask for or track precise location-based information from your device);
- Technical information such as app version, device type (hardware), OS or operating system (software) and OS type, browser and domain so we can serve you with the most relevant game content and optimize app performance for your device; and
- Game progress such as features used, in-game events, interaction with other players and purchases in order to maintain progress in your account and analyze aggregated game data to improve the game.
(d) Personal Data Received from Third Parties.
From time to time third-party advertising partners also provide us IDFA/GAID information from your device. This is to help us measure the effectiveness of our ad campaigns where we advertise our games on other third-party platforms and services. For example, when you click on an ad that directs you to install a Sun Machine game, we receive the IDFA/GAID to know the ad network and campaign source.
HOW WE USE COLLECTED INFORMATION
We collect, process, and use the information we collect for the following purposes:
- To provide you with access to the Services (including the social features of our games like in-game chat, messages, and alliances);
- To personalize your gameplay experience;
- To improve our games;
- To host related game web forums;
- To provide you personalized offers related to ‘purchase’ features of the game,
- To administer your account (including ensuring compliance with the Terms of Service);
- To provide you with technical support when requested;
- To notify you of new updates, features, enhancements, products and services;
- To communicate with you about events, forums, game features, promotions and purchase opportunities;
- To notify you of changes to our Privacy Notice, Cookie Notice and/or Terms of Service; and
- As we, in our sole discretion, otherwise determine to be necessary to comply with applicable law or required to ensure the safety and/or integrity of our players, users, employees, third parties, members of the public, or Services.
We process your personal data as described above according to one or more of the following lawful bases, depending on each specific context and the types of personal information concerned:
- Processing as necessary to establish and fulfill a contract with you. For example, where you download and play our game that are subject to our Terms of Service and we provide our Services, administer your access to our Services, improve our games, analyze gameplay, communicate with you for transactional purposes, and provide customer support services;
- Processing in our legitimate interests (not superseded by your rights) for purposes that can be reasonably expected within the context of your use of our Services. For example, performing analytics to improve Services performance, monitoring in-game activities to prevent fraud, misuse of our Services and Terms of Service violations, and delivering in-game contextual advertising where applicable;
- Processing as necessary to comply with legal obligations. For example, maintaining accurate business records for tax and financial reporting or to respond to valid legal requests.
- Where we have your consent to use your personal information for marketing purposes.
HOW YOUR PERSONAL DATA IS SHARED
We share your personal data with the following types of recipients:
- Sun Machine affiliates in order to access the shared services available amongst the Sun Machine entities.
- Third-party service providers. We work with third-party service providers to support us in making the Services available to you. These are services like cloud hosting, analytics or other technical tools, and player support services. These service providers only process your data as directed by us for the purpose of supporting and servicing the Sun Machine games that you are playing. We do not sell your personal information to third parties.
- Competent law enforcement or regulatory authorities, government agencies, courts of law or other third parties. We may disclose your data or information about you in response to a request where we believe in good faith that we are under legal obligation, or legally permitted, to do so; or where we believe it is necessary:
- to detect, prevent, and address fraud, violations of our terms or policies, or other harmful or illegal activity;
- to protect ourselves such as establishing, exercising, or defending our legal rights (including our intellectual property rights and those of our licensors); or
- to protect your vital interests or those of any other persons such as public safety.
- Third parties in connection with a business transfer such as a merger or acquisition of any part of Sun Machine’s business, or a sale of all or a portion of Sun Machine’s assets to another company.
NOTICE REGARDING PUBLIC POSTING AREAS
Please be mindful that any information you include in a message you post to any public posting area is available to anyone with Internet access. PLEASE BE EXTREMELY CAREFUL WHEN YOU DISCLOSE ANY INFORMATION IN PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN THESE PUBLIC POSTING AREAS. For example, if you do not want people to know your email address, do not include it in any message you post publicly.
STORAGE OF YOUR PERSONAL DATA
We store information about website visitors and players on servers primarily located in the United States or Canada, and we may also store such information on servers and equipment in other countries. Where necessary, we utilize Standard Contractual Clauses approved by the European Commission to legitimize the transfer of personal information from the European Economic Area (“EEA”) or Switzerland to Canada and other countries.
We use technical and organizational measures to protect the personal data that we hold against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data transmitted, stored or otherwise processed. The practical reality is, however, no data transmissions over the Internet can be guaranteed to be 100% secure. Therefore, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to us is done at your own risk. If we learn of a data breach that is likely to affect the security of your personal data, we may attempt to notify you electronically via email so that you can take appropriate protective steps and/or by posting a notice via the Services if a data breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
We may retain your personal data for a reasonable period of time to fulfill the processing purposes outlined above. For example, your personal data, such as your Player Name and Email Address, may be retained so we can provide you with access to the Services. As another example, your personal data may be retained to fulfill our legitimate interests such as resolving disputes or enforcing our Terms of Service or other policies, or as necessitated by law or legal considerations, such as for tax, auditing, fraud detection, maintain marketing suppression lists of transactional history. When retention is necessary, we will de-identify such personal data to the extent reasonably possible. When retention is no longer needed to fulfill the processing purposes, your personal data is deleted from our records.
Depending on your residency, you may have certain rights that you may exercise in relation to your personal data, subject to applicable lawful exemptions. Where the EU General Data Protection Regulation (“GDPR”) applies, your rights consist of:
- The right to be informed;
- The right of access;
- The right to rectification;
- The right to erasure;
- The right to restrict processing;
- The right to data portability;
- The right to object; and
- The rights in relation to automated decision making and profiling.
You may also have a right to lodge a complaint with a supervisory authority or other regulatory agency if you believe that we have violated any of the rights concerning personal data about you. We encourage you to first reach out to us, so we have an opportunity to address your concerns directly before you do so. You may also contact us with your personal data inquiries or for assistance in modifying or updating your personal data and to exercise your rights. Our contact details are provided at the end of this Privacy Notice.
For marketing such as our communications with you about events, forums, games features, promotions and purchase opportunities, an ‘unsubscribe’ option is provided in the footer of every such communication. In addition, we may be contacted directly to unsubscribe. Our contact details are provided at the end of this Privacy Notice.
OUR POLICY CONCERNING CHILDREN
The Services are not intended for children under the age of 13, nor are they intended for children residing in the European Economic Area under the age of 16, and we do not knowingly collect any personal data from such children. Children under the age of 13, or 16 residing in the European Economic Area, should not use or attempt to use our Services. In the event we learn that we have in fact collected personal data from such a child, we will immediately delete this data.
THIRD PARTY WEBSITES
Our Services may contain links to other sites. We are not responsible for the privacy practices or content of other sites that are not controlled by Sun Machine. For information on how these sites use your personal data, please review their respective policies and contact them directly.
CHANGES TO THIS PRIVACY NOTICE
We may update this Privacy Notice from time to time. The “LAST UPDATED” legend at the top of this Privacy Notice indicates when this Privacy Notice was last revised. We will post a notice on our Services if we make any significant material changes. The revised Privacy Notice, when it takes effect, supersedes all previous Privacy Notices.
Inquiries may be made to:
Sun Machine Entertainment
#102-1183 Odlum Drive
Vancouver, BC V5L 2P6
Please put “Privacy Notice” in the subject line of the email and mark postal mail “Attention: Privacy” so that it may be directed to the correct person.