Terms of Use for Branded Mini-Games V.1.1

Appendix A (Data Processing Agreement) to the Agreement as of 25 May 2018

1. General and Acceptance

BY USING THE WWW.BRANDEDMINIGAMES.COM WEBSITE AND/OR ANY SUB-WEBSITE OF WWW.BRANDEDMINIGAMES.COM (as defined below; collectively, including all content and DIY game editing studio available through the brandedminigames.com domain name and/or any sub-domain names, the “Branded Mini-Games Website”, or “BMG”), is owned, maintained and operated by Emoji Games GmbH and its affiliates (“Company” or “We” or “Us”) addressed at Ruessenstrasse 12, 6340 Baar, Switzerland.

BY USING ANY OF THE SERVICES PROVIDED ON THE BMG, YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the “Terms of Use” or “Agreement”) AND “DATA PROCESSING AGREEMENT” or “DPA” as set out in the Appendix A. This DAP applies only if you use BMG for your marketing or advertising campaign (“BMG campaign”) for the individuals in the EU countries.

If you do not agree to any of these terms, then please do not use the Branded Mini-Games Website.

The Terms of Use constitute a binding legal agreement between You as user (“you”) and the Company. Branded Mini-Games collaborates with the Branded Mini-Games Sub-Processors, in order to facilitate the delivery of services to its Users and to collect payments such as Stripe, Amazon Cloud or any other 3rd party processors.

This Terms of Use sets forth the legally binding terms for your use of the Branded Mini-Games Services or BMG Services and they shall apply to all users of the Branded Mini-Games Website, including users uploading content and/or other materials on or through the Website in order to create the BMG and to publish the BMG campaign. By using and creating an account from the Branded Mini-Games Website, you agree to be bound by this Agreement.

BrandedMiniGames.com may modify this Agreement from time to time and such modification shall be effective upon posting by BrandedMiniGames.com on the Website. You agree to be bound to any changes to this Agreement when you use the Branded Mini-Games Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

2. Eligibility

Use of any Membership in the Branded Mini-Games Services is void where prohibited. By using the BMG Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Branded Mini-Games Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are less than 18 years of age.

Minors are not allowed to purchase Premium/Upgraded Services. Accordingly, by purchasing such services the user declares and represents that he/she is more than 18 years of age and that he/she has full legal capacity to complete such contractual action without need for any additional approvals or consents.

You warrant that you are legally authorised to create and publish the BMG campaign to act on behalf of the brand if you upload any brand logo or product images of the brand on using BMG Services.

3. Provided Services

Subject to full compliance with the Terms of this Use, Branded Mini-Games shall provide certain services, as described more fully on the Website (“Services”). Services may include, but not be limited to, the software for customisation of games for your marketing or advertising, designing, marketing campaign automation platform and templates related to the games, sharing and linking of media and/or document files, and hosting your BMG campaign including your User Content (including, but not limited to text, information, data, graphics, photographs, images, illustrations, animations, software, audio and video, also collectively known as the “Content”) on Amazon cloud server, analytics of your BMG campaign and integrating your BMG campaign to other 3rd party services and so on . Please note that part of the Services (or special features) may be provided only to Users who subscribe for such Services and Branded Mini-Games may charge fees for such Services either prepaid one off payment or monthly subscription payment subject to your confirmation of purchase. Branded Mini-Games may change, suspend or discontinue any or all of the Services or any Content for any reason, at any time, including the availability of any feature or part of the Content at its sole discretion. Branded Mini-Games may also impose limits on all or any of the Services or restrict your access to parts or all of the Services without notice or liability. Branded Mini-Games may charge fees for the use of the Services or part of them and may include advertisements or other commercial content in any Branded Mini-Games product or image or webpage including such which have been created by users unless stated otherwise.

We do not guarantee that the iFrame game will run properly on the iOS browser because of known issues on this platform. Branded Mini-Games team will take reasonable endeavours to protect your customised Branded Mini-Games. However, we do not guarantee that it is 100% safe against hacking / cheating. We take no responsibility for malicious hacking scores.

The Premium/Upgraded Services provided by Branded Mini-Games (as defined on the Website) are provided according to the provisions of this Agreement and the specific commercial provisions and policies as detailed on the Website, and such provisions and policies as may be amended or changed from time to time, are incorporated herein by reference and shall be considered as an integral part hereof.

4. General Undertakings

You accept sole responsibility for all of your activities using the Website, including your conduct on the site and any and all content you may submit, post or share via the Website. You will not use the Brandedminigames.com services for any unauthorized or illegal purpose. You will be responsible for ensuring that you do not violate any laws of your jurisdiction, including but not limited to copyright laws. You will not upload or transmit viruses, worms or any other destructive code.

You will be responsible for ensuring you comply with all applicable laws in your jurisdiction for the Terms and Conditions/Privacy Policy used for your campaign for your target users. You will take full legal responsibility to update the campaign settings and and legal texts including campaign terms and privacy policy to fully comply with your jurisdiction where the campaign takes place. Especially If your business is based in the European Union (EU), or you process the personal data of individuals in the EU, you are responsible to comply with the General Data Protection Regulation (GDPR). Branded Mini-Games offers tools as a resource, but we don’t offer legal advice. We recommend you contact your legal counsel to find out how the GDPR affects you.

5. The Branded Mini-Games Website

The Branded Mini-Games Website may contain third party content and links to third party websites that are not owned or controlled by Branded Mini-Games. Branded Mini-Games has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party content or websites or any of their contents. In addition, Branded Mini-Games will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Branded Mini-Games from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Branded Mini-Games Website and to read the terms and conditions, and privacy policy of each other website that you visit.

6. PROHIBITED USER CONTENT/ACTIONS

Please don’t use BMG to publish anything offensive, to promote anything illegal, or to harass anyone. You may not create

  • Any contents offering to sell illegal goods or services
  • Pornography/sexually explicit content

Also, you shall not:

  • Use any misleading or incorrect names, unlicensed contents upon using our Services.
  • Share your password.
  • Decipher, decompile, disassemble, or reverse engineer any of the software on our Website, or in any way used or downloaded from the Website.
  • Use any of the software on our Website, or downloaded from the Website, to create a competing product.

If you become aware of misuse of the Branded Mini-Games Services by any person, please contact us by email to: support@brandedminigames.com

7. Proprietary Rights Owned by Us

You will respect our proprietary rights in the Website and the software used to provide the Service (proprietary rights include, but aren’t limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property).

8. Proprietary Rights Owned by You

You represent and warrant that you either own or have permission to use all of the material, content and data, you submit to Branded Mini-Games in the course of using the Service (“Content”). You retain ownership of the Content that you upload to the Service. We may use your Content (including any personal information therein) only as described in these Terms, our Privacy Policy and, if applicable, our Data Processing Addendum. Games created by customers paying for them are preserved for one year after the campaign ends.

9. Website Access

  • Branded Mini-Games hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose and/or in a manner allowed by Branded Mini-Games; and (ii) you will otherwise comply with the terms and conditions of these Terms of Use.
  • In order to access some features of the Website, you will have to create an account. You may never use someone else’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You accept sole responsibility for keeping your password secure. You must notify Branded Mini-Games immediately of any breach of security or unauthorized use of your account. Although Branded Mini-Games will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Branded Mini-Games or others due to such unauthorized use.

10. Online Sharing through Third Party Services

Branded Mini-Games enables you to share your BMG campaign and/or User Content (as defined below) through third party websites, blogs or ad network systems. When sharing your BMG campaign through third party services you shall continue to comply with all provisions of this Agreement. You are also required to comply with the terms of any of the services through which you are sharing your creation.

11. Third Party Services

You are fully aware of the fact that Branded Mini-Games shall not have any responsibility or liability with regard to any third party services used by you on or through your Branded Mini-Games formed web content, such as payment services, and any use of such third party services shall be at your own responsibility and liability.

12. Fees and Payment

Some of the Services offered on the Website require payment of fees (“Charged Services” ). If you elect to sign up for Charged Services, you shall pay all applicable fees, as described on the Website in connection with such Charged Services selected by you. Branded Mini-Games reserves the right to change its prices at any time. You authorize Branded Mini-Games directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information that you provided while signing up for such Services.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay any such taxes that might be applicable to your use of the Services and payments made by you to Branded Mini-Games.

All fees related to using Charged Services are charged automatically using the payment method as determined in the Website. If Branded Mini-Games does not receive a request by the user, through the managed premium section under Branded Mini-Games Website, for Charged Services termination you acknowledge and understand that Branded Mini-Games will continue to charge you for the Charged Services as long as your account remains active regardless if the Charged Services are used or not.

Users purchasing Charged Services shall pay any and all prices and fees due for such Services. All prices and fees are non-refundable unless otherwise expressly noted, even if such Charged Services are suspended, terminated, or transferred prior to the end of the Services term. Branded Mini-Games expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at the Website and effective immediately without need for further notice to any user. Any changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.

IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, MOST SERVICES OFFER AN AUTOMATIC RENEWAL OPTION. THE AUTOMATIC RENEWAL OPTION AUTOMATICALLY RENEWS THE APPLICABLE SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE ORIGINAL SERVICE PERIOD. FOR EXAMPLE, IF YOUR ORIGINAL SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR. WHILE THE DETAILS OF THE AUTOMATIC RENEWAL OPTION VARY FROM SERVICE TO SERVICE, THE SERVICES THAT OFFER AN AUTOMATIC RENEWAL OPTION TREAT IT AS THE DEFAULT SETTING. THEREFORE, UNLESS YOU CANCEL YOUR SUBSCRIPTION BRANDED MINI-GAMES WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL, AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH BRANDED MINI-GAMES AT BRANDED MINI-GAMES’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. YOU MAY CANCEL YOUR SUBSCRIPTION FROM SUCH SERVICES PRIOR TO THE AUTOMATIC RENEWAL AT ANY TIME. IN SUCH EVENT THE SERVICES SHALL BE DISCONTINUED UPON THE EXPIRATION OF THE RESPECTIVE PERIOD YOU HAVE PAID FOR AND YOU SHALL NOT HAVE ANY CLAIMS TOWARDS BRANDED MINI-GAMES IN RELATION TO THE DISCONTINUATION OF THE SERVICES.

13. Cancellation

The Branded Mini-Games Charged Services are provided on a prepay basis or on subscription basis as per your selection on the pricing plan of the Website. Branded Mini-Games users may decide to discontinue their use of any Charged Services at any time. Such cancellation is done by the users themselves on the Branded Mini-Games Website and according to the instructions and cancellation policy posted therein per each pricing plan.

YOU ACKNOWLEDGE THAT CERTAIN SERVICES PURCHASED ON OR THROUGH THE WEBSITE MAY BE NON-REFUNDABLE. THE TERMS OF EACH PURCHASED SERVICE OR APPLICATION ARE INDICATED IN THE WEBSITE AND/OR AS PART OF OR DURING THE PROCESS OF PURCHASING SUCH SERVICES OR APPLICATION. IT IS YOUR OBLIGATION TO VERIFY YOUR ABILITY TO CANCEL A SERVICE PRIOR TO PURCHASING ANY CHARGED SERVICE. BRANDED MINI-GAMES WILL NOT REFUND ANY AMOUNTS PAID FOR NON-REFUNDABLE CHARGED SERVICES.

14. Intellectual Property Rights

The Content on the Branded Mini-Games Website (as defined above), except for all User Content (as defined below), is subject to copyright and other intellectual property rights under local and international laws conventions. To the best of its knowledge, Branded Mini-Games uses only Content which is allowed and permitted for use by the owner/s of the copyrights and other intellectual property rights therein. Content on the Website is provided to you AS IS only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners (if such consent is required) (outside of a Branded Mini-Games document). Branded Mini-Games reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Branded Mini-Games Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Branded Mini-Games Website or any of the Content therein.

15. Reference

You do acknowledge and agree to the Company, Branded Mini-Games being able to reference you or the brand you used for BMG campaign as a client without separate agreement. You also agree that your BMG campaign can be used by Company in marketing and public relations activities only for reference purposes.

16. Security

You are responsible for maintaining the security of your account and content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You agree to immediately notify Branded Mini-Games in writing of any unauthorized uses of your account or any other breaches of security. Branded Mini-Games cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.You acknowledge and agree that under no circumstances will Branded Mini-Games be liable, in any way, for any acts or omissions by any Branded Mini-Games User or other third party, including any damages of any kind incurred as a result of such acts or omissions.

17. Warranty Disclaimer & Limitation of Liability

A. YOU AGREE THAT YOUR USE OF THE BRANDED MINI-GAMES WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BRANDED MINI-GAMES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BRANDED MINI-GAMES MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE BRANDED MINI-GAMES WEBSITE OR THE CONTENT OF ANY SITES LINKED TO THE BRANDED MINI-GAMES WEBSITE.B. IN NO EVENT SHALL BRANDED MINI-GAMES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BRANDED MINI-GAMES WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.C. YOU SPECIFICALLY ACKNOWLEDGE THAT BRANDED MINI-GAMES SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.D. BRANDED MINI-GAMES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BRANDED MINI-GAMES WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BRANDED MINI-GAMES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.E. BRANDED MINI-GAMES DOESN’T RECOMMEND THE USE OF THE SITE FOR HOSTING OF PERSONAL CONTENT AND SHALL NOT BEAR ANY SECURITY RISKS REGARDING BREACH OR DAMAGE TO ANY USER CONTENT.F. BRANDED MINI-GAMES MAKES NO REPRESENTATIONS THAT THE BRANDED MINI-GAMES WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE THE BRANDED MINI-GAMES WEBSITE FROM JURISDICTIONS PROHIBITING SUCH USE, DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

18. Indemnity

You agree to defend, indemnify and hold harmless Branded Mini-Games, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Branded Mini-Games Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Branded Mini-Games Website.

19. Events Beyond Control

Under no circumstances shall Branded Mini-Games be held liable for any delay or failure in this Website and/or any of the Services and/or information on the Website directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of Branded Mini-Games, including, without limitation, internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of Limitation of Liability section as stipulated above.

20. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Branded Mini-Games without restriction or limitations.

21. General

You agree that: (i) the Branded Mini-Games Website shall be deemed solely based in Switzerland; and (ii) the Branded Mini-Games Website shall be deemed a passive website that does not give rise to personal jurisdiction over Branded Mini-Games, either specific or general, in jurisdictions other than Switzerland. These Terms of Service shall be governed by the internal substantive laws of Switzerland, without respect to its conflict of laws principles. Any claim or dispute between you and Branded Mini-Games that arises in whole or in part from the Branded Mini-Games Website shall be decided exclusively by a court of competent jurisdiction located in Switzerland. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. These Terms of Use, together with the Privacy Policy and any other legal notices published by Branded Mini-Games on the Website, shall constitute the entire agreement between you and Branded Mini-Games concerning the Branded Mini-Games Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Branded Mini-Games’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. YOU AND BRANDED MINI-GAMES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BRANDED MINI-GAMES WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

By registering to the Branded Mini-Games Website and providing your email address, you expressly agree to receive promotional content from Branded Mini-Games, by mail or email, from time to time.

22. Customer Service Contact

To get in touch with our Customer Service – please use any of the options listed below:

  • Send an email message to: support@brandedminigames.com​​
  • By Phone: +44 (0)20 8481 0012 during normal business hours (Monday – Friday between, 9AM – 5PM UTC)
  • Send us a Letter to: Branded Mini-Games, c/o Emoji Games GmbH, Ruessenstrasse 12, 6340 Baar, Switzerland