Please read these terms of service carefully. By downloading the application or accessing or using the service, you agree to be bound by the terms and conditions set forth herein and all terms incorporated by reference. If you do not agree to these terms, do not download the application or use the service.
Welcome to The Boojabaunga Galaxy ("TBG", "WE", "OUR") pc and mobile application (the "APPLICATION") and the mobile or web services and sites provided by TBG in connection with the application (collectively, the "SERVICE"). These terms of service provide the terms and conditions upon which tbg provides the service and licenses to you the use of the application (the "Terms of Service").
The service collects and tracks personal, demographic, and location-based information about you (the "Sanctioned Player “). You may sign up for one or more games created by tbg (the "TBGGAMES"). Or with a broker sanctioned by TBG. TBG will share the data it collects with the “broker”, (the “Brokers”) and may also share it with other third parties, such as those who subscribe to tbg’svarious products and services. When you register to use the service or sign up for a game, you will be asked to provide certain personal and demographic information (the "Registration Data"). You agree to provide accurate registration data and not to mislead or generate fake location-based data as part of the data collection process for games or otherwise engage in any fraudulent or misleading activity in connection with your use of the application or the service. If tbg determines that you have provided false registration data or generated false or misleading location data, you will forfeit and be required to return any compensation that you have earned.
You understand that this application is designed to automatically collect location-based data on you via your mobile phone whenever your phone is turned on unless you disable location tracking or uninstall the application and that this data, which may include personal information, may be shared with third parties. If you do not want your location information collected, you must turn off your phone, turn off location tracking on your phone, or uninstall the application.
BY DOWNLOADING THE APPLICATION AND USING THE SERVICE, YOU HEREBY CONSENT TO THE COLLECTION OF THE LOCATION-BASED DATA AND OTHER DATA AND GRANT TBGA PERPETUAL, IRREVOCABLE, AND UNLIMITED RIGHT AND LICENSE TO USE AND SHARE SUCH DATA, INCLUDING ANY LOCATION AND PERSONAL INFORMATION INCLUDED THEREIN. YOU MAY OPT-OUT OF SUCH COLLECTION AT ANY TIME BY UNINSTALLING THE APPLICATION.
You must be 14 or older to use the service. If you are between 14 and 18, you must review these terms of service with your parent or guardian and obtain their consent to use the service before signing up to use the service. By signing up for the service, you represent and warrant that you are at least 14 years of age and have obtained parental consent to your use of the service. The service is intended for use solely in the united states, canada, united kingdom, and australia by residents of each market, and tbg makes no claims that the service is appropriate for use outside of the united states, canada, united kingdom, and australia. Use of the application or the service outside these markets is prohibited and unlicensed and violates these terms of service.of location, we regularly check in with your device to collect information about your location. For information about how to opt out of this collection, please see "Your Choices" below.
Please refer to our privacy policy for information on how tbg collects, uses, and discloses personally identifiable information and data obtained from its users.
When you participate in a game, you may be eligible to receive certain compensation as follows:
You understand and agree that you may incur data charges or similar fees in connection with your use of the service. Please refer to your internet/ mobile carrier's regular billing statement for charges related to the use of the service and contact your provider directly with any questions or comments related to these fees. It is recommended that any device utilizing the application subscribe to an unlimited monthly data plan. Players can play as many Boojabaunga Galaxy as they wish for f. Players may extend the time by purchasing arcade tokens. Such purchases do not increase the chance of winning. the player’s skill and knowledge of the game may change the ease of collection of DABAS.
The application and the service may include third-party content and may provide links to web pages and content of third parties including information provided by brokers (collectively the "Third Party Content"). TBG does not control, endorse, or adopt any third-party content and makes no representation or warranties of any kind regarding the third-party content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that TBG is not responsible or liable in any manner for any third-party content and undertakes no responsibility to update or review any third-party content. Users use such third party content contained therein at their own risk.
TBG may run advertisements and promotions from third parties on or in connection with the application or the service or may otherwise provide information about or links to third-party products or services on or in connection with the application or the service. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions are solely between you and such third party. TBG is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-TBG advertisers or third-party information on the application or the service.
TBG reserves the right to modify, suspend or discontinue the service or any features or functionality thereof at any time without notice and obligation, or liability to you. TBG also reserves the right to terminate your account or refuse to permit you access to the service, for any reason and without any notice. In such event, unless such termination is due to violation of these terms or other misconduct by you, you may request payment of any earned compensation by emailing us at service@3boojabaunga.com you will not be entitled to any partial compensation for any unearned compensation. In the event of any termination, sections 1, 2, 3, 5, 6, 7, and 8 and the general terms still apply.
Subject to the terms, conditions, and limitations this EULA sets, TBG grants you a non-exclusive non-transferable license to use the application on any mobile device you own or control. The terms of the license will also govern any upgrades provided by TBG that replace and/or supplement the original application unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
You agree not to authorize or permit any third party to do any of the following: (i) distribute or make the application available over a network where it could be used by multiple devices at the same time; (ii) rent, lease, lend, sell, redistribute or sublicense the application; (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the application, any updates, or any part thereof (except as and only to the extent any foregoing restrictions are prohibited by applicable law); (iv) modify, alter or create any derivative works of the application; or (v) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the application. If you violate any of the foregoing restrictions, your use of the application will be unlicensed and will infringe the copyright and other rights of tbg, which may subject you to prosecution and damages. TBG reserves all rights not expressly granted to you herein.
You agree that TBG may collect and use location data, technical data, and related information in connection with your use of the application, including but not limited to location information and technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the features and functionality of the application and software updates, product support, and other services. You also consent to our communicating with you about the application or in connection with the features, functions, and activities contained therein by sms, text message, email, or other electronic means. Your carrier's normal, messaging, data, and other rates and fees will apply to these communications.
The application may provide links to third-party websites, applications, mobile services, or other third-party services ("THIRD PARTY SERVICES") and may also display, link to, or otherwise make available third-party content, data, information, events, applications, or materials ("THIRD PARTY MATERIALS"). TBG does not endorse or control and makes no representations or warranties of any kind regarding any third-party services or third-party materials, including regarding the content, accuracy, quality, nature, appropriateness, decency, functionality, performance, reliability, completeness, timeliness, validity, safety, legality, or any other aspect thereof. If you access or use any third-party website, you should be aware that TBG’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third-party website to which you navigate from the application.
Your use of the application and your contact, interaction, or dealings with any third parties arising out of your use of the application is solely at your own risk. You acknowledge and agree that TBG is not responsible or liable in any manner for any loss, damage, or harm of any sort incurred as the result of the application, including from any contact with third parties who may locate you through your use of the application.
Users are solely responsible for all messages and content they post or transmit using the application, or that are posted or transmitted using their account, as well as for their conduct and the conduct of anyone using their account. If you use the application to post content of any kind on a third-party service, you agree to fully comply with all user content and conduct rules applicable to such third party service, including the rules outlined in the terms of use for such third party service. You further agree that tbgis not in any way responsible for the conduct or content of other users that you may encounter because of using the application.
The application and the service contain the valuable proprietary content of TBG and its licensors and are protected by copyright and other intellectual property laws and treaties. You agree not to use the application except in its intended manner by the terms of this EULA.
TBG reserves the right to change, suspend, remove, discontinue, or disable access to the application at any time without notice. In no event will TBG be liable for removing or disabling access to any portion or feature of the application.
Either party may terminate this eula at any time for any reason or no reason immediately upon notice. Tbgmay also discontinue the application, in which case this eula shall terminate automatically without notice. In the event of the termination of this eula for any reason: (a) the license granted to you in this eula will terminate; (b) you must immediately upon receiving any notice of termination cease all use of the application and destroy or erase all copies of the application in your possession or control; and (c) sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15, of this eula plus the general terms set forth below shall survive any such termination. Any use of the application after termination is unlicensed and violates the copyright and other rights of 3MG.
You may not use or otherwise export or re-export the application except as authorized by United States law and the laws of the jurisdiction in which the licensed application was obtained. In particular, but without limitation, the application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. treasury department's list of specially designated nationals or the U.S. department of commerce denied person’s list or entity list. By using the application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by the United States, Canadian, United Kingdom, or Australian law, including, without limitation, the development, design, manufacturing, or production of nuclear, missiles, or chemical or biological weapons.
The application and related documentation are "commercial items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the commercial computer software and commercial computer software documentation are being licensed to U.S. government end users (a) only as commercial items and (b) with only those rights as are granted to all other end users under the terms and conditions herein. Unpublished rights are reserved under the copyright laws of the United States, Canada, the United Kingdom, and Australia.
Notwithstanding anything to the contrary in the EULA set forth above, the following additional terms shall apply to any applications downloaded for use on the iphone, ipod touch, or ipad:
You expressly acknowledge and agree that the use of the application and the service is at your sole risk and that the entire risk as to satisfaction, quality, performance, safety, accuracy, and effort is with you. To the maximum extent permitted by applicable law, the application and the service are provided "as is" and "as available," with all faults and without warranty of any kind. TBG hereby disclaims all representations, warranties, and conditions concerning the application or the service, either express, implied, or arising by law, including, but not limited to, the implied warranties and/or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, quiet enjoyment, and non-infringement of third-party rights. TBG does not warrant that the service, the functions contained in the application, or the panelist data will be accurate, complete, reliable, or meet your requirements, that the operation of the service or the application will be uninterrupted or error-free, or that defects in the service or the application will be corrected. No oral or written information, guidelines, or advice given by TBG or its authorized representative shall create a warranty.
TBG is not responsible for typographical errors or omissions relating to compensation, text, or photography. While TBG attempts to make your access and use of the site and the service safe, TBG cannot does not represent or warrant that the site or its server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from any download.
TBG is not responsible or liable in any manner for any actions or failure to act of any brokers, including without limitation any failure to pay the agreed-upon compensation. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by TBG.
To the maximum extent permitted by applicable law, in no event shall TBG be liable for any direct, incidental, special, indirect, consequential, exemplary, or punitive damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use of or inability to use the application or the service, however, caused, regardless of the theory of liability (contract, tort or otherwise) and even if TBG has been advised of the possibility of such damages.
In no event shall TBG’s total liability, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the application exceed one dollar. The foregoing limitations will apply even if the above-stated remedy fails in its essential purpose.
If any provision of these terms of service shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms of service and shall not affect the validity and enforceability of any remaining provisions.
The laws of the state of Kansas, excluding its conflicts of law rules, govern your use of the application. Your use of the application may also be subject to other local, state, national, or international laws. You agree that any action at law or in equity arising out of or relating to the application, the service, or this agreement shall be filed only in the state and federal courts located in Sedgwick county, Kansas, and you irrevocably and unconditionally consent, and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of the application.
