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Welcome to Big Brother: The Game delivered by 9th Impact (the “Company”). By downloading this game on a mobile device or accessing any content online through our website (the “App” or the “Services”), you are agreeing to the Terms of Service (the “Terms”) detailed here, together with our Houseguest Rules, Spectator Guidelines and Privacy Policy.
If you do not agree to all these policies, rules and the Terms, you may not use the Services. In order to agree to these Terms, you need to be 18 years of age or older and have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.
Eligibility and Account Registration
We comply with the Children’s Online Privacy Protection Act (COPPA) through the verification and age gating process. You must be 18 years of age or older to use the Services.
If you want to use certain features of the Services, you will have to create an account with us (an “Account”).
It’s important that you provide us with accurate, complete, and up-to-date information for your Account, and you agree to update such information as needed, to keep it accurate, complete, and up-to-date. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Service User Rights
Subject to your compliance with these Terms, the Company grants you a limited nonexclusive, nontransferable, non-sublicensable license to access the Services solely for your own personal, noncommercial purposes. Except as expressly permitted in these Terms, you may not: (a) copy, modify, or create derivative works based on the ; (b) distribute, transfer, sublicense, lease, lend, or rent the App to any third party; (c ) reverse engineer, decompile, or disassemble the App; or (d) make the functionality of the App available to multiple users through any means. The Company reserves all rights in and to the App not expressly granted to you under these Terms.
Content and Content Rights
For purposes of these Terms: (a) “Content” means the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services; and (b) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content. Subject to your compliance with these Terms, the Company grants you a personal, noncommercial, nonexclusive, nontransferable, non-sublicensable, revocable license to download, view, display, and use the Content solely in connection with your permitted use of the Services.
By making any User Content available through Services, you grant to the Company a nonexclusive, perpetual, irrevocable, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, publicly display, publicly perform, and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content, or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by the Company on or through the Services will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. The Company may reject any submissions in which the Company believes, in its sole discretion, that the User Content is inappropriate or violates the Houseguest Rules, the Spectator Guidelines or these Terms. The Company further reserves the right to remove any User Content from the Services at any time and without notice and for any reason.
Virtual Money and Virtual Goods
The App permits the purchase of virtual currency (“Virtual Money”) and use of that Virtual Money to purchase virtual items or services that we expressly make available for use in the App (“Virtual Goods”). The purchase of Virtual Money and Virtual Goods is limited to Account holders who are 18 years of age or older. Virtual Money can be received as gifts from other Account holders, provided for free by the Company or can be accumulated through completion of certain actions within the App.
Virtual Money is a category of Content, so the accumulation or purchase of Virtual Money grants you only a limited, nontransferable, non-sublicensable, revocable license to use such Virtual Money to access and purchase Virtual Goods or to gift to other Account holders, in conjunction with your personal, noncommercial use of the Services. You acknowledge that you do not acquire any ownership rights in or to the Virtual Money, Virtual Goods, or other Content; any balance of Virtual Goods or Virtual Money does not reflect any stored value. You agree that Virtual Money and Virtual Goods have no monetary value and do not constitute actual currency or property of any type. Virtual Money may be redeemed only for Virtual Goods and can never be sold, or exchanged for “real” money, “real” goods, or “real” services from us or anyone else. You also agree that you will only obtain Virtual Money and/or Virtual Goods from us and through means provided by us, and not from any third-party platform, exchange, broker, or other mechanism, unless expressly authorized. Once you acquire a license to Virtual Money or Virtual Goods, you may transfer the Virtual Money or Virtual Goods to another individual or account, but only inside the App. We may cancel any Virtual Money or Virtual Goods sold, transferred, or exchanged in violation of these Terms. Any such sale, external transfer, or unauthorised exchange (or attempt to do so) is prohibited and may result in the termination of your Account.
During the term of your license to your Virtual Money, you have the right to redeem your Virtual Money for selected Virtual Goods. Pricing and availability of Virtual Money and Virtual Goods are subject to change without notice. We reserve the right at any time to change and update our pricing and inventory of Virtual Money and Virtual Goods. As set forth below, all Virtual Money, Virtual Goods, and other Content is provided “as is,” without any warranty. You agree that all sales by us to you of Virtual Money and Virtual Goods are final and that we will not permit exchanges or refunds for any unused Virtual Money or Virtual Goods once the transaction has been made.
You agree that (a) purchase of Virtual Money involves immediate download of such Content; and (b) you lose your right of withdrawal once your purchase is complete. We reserve the right to control, regulate, change, or remove any Virtual Money or Virtual Goods without any liability to you.
Gifting & Trading
The App permits Account holders to gift Virtual Money and Virtual Goods to other Account holders. Virtual Money or Virtual Goods received from an Account holder are a category of Content, and The Company grants you a limited, nontransferable, non-sublicensable, revocable license to use such Trading Items in conjunction with your personal, noncommercial use of the Services. All provisions of the Virtual Money and Virtual Goods terms apply to items received as gifts from Account holders.
If you have negotiated a trade of Virtual Money or Virtual Goods with another Account holder, or have agreed that an Account holder will take an action or series of actions in return for gifts of Virtual Money or Virtual Goods, the Company has no interest in monitoring the performance of this agreement and you expressly agree that any such agreement does not constitute a contract and cannot be enforced either within the App or externally.
Effect of Termination on Virtual Money, and Virtual Goods
We may cancel, suspend, or terminate your Account and your access to your Virtual Money, Virtual Goods, the Content, or the Services, in our sole discretion and without prior notice, including if (a) your Account is inactive (i.e., not used or logged into) for twenty eight (28) days; (b) you fail to comply with these Terms; (c ) we suspect fraud or misuse by you of Virtual Money, Virtual Goods, or other Content; (d) we suspect any other unlawful activity associated with your Account; or (e) we are acting to protect the Services, our systems, the App, any of our users, or the reputation of the Company. We have no obligation or responsibility to, and will not reimburse or refund, you for any Virtual Money, or Virtual Goods lost due to such cancellation, suspension, or termination. You acknowledge that the Company is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Virtual Money and Virtual Goods when your Account is closed, whether such closure was voluntary or involuntary.
We have the right to offer, modify, eliminate, and/or terminate Virtual Money, Virtual Goods, the Content, and/or the Services, or any portion thereof, at any time, without notice or liability to you. If we discontinue the use of Virtual Money or Virtual Goods, we will provide at least 7 days’ advance notice to you by posting a notice on the Site or App or through other communications.
Competition
If you become a Houseguest, you are entering a tournament and are in competition with other Houseguests to win the game prize fund (the “Competition”). The competition is sponsored exclusively by the Company. Apple is not a sponsor or involved in the activity in any manner. Google is not a sponsor or involved in the activity in any manner.
A contestant may only enter the Competition using a token. Tokens can be purchased, gifted or another player may sponsor an audition which allows the auditioning player to gain entry using the sponsors tokens.
Big Brother: The Game is a game of social, analytical and psychological skill, the outcome is determined by your actions, the actions of other Houseguests and the actions of Spectators. The tournament works by progressively eliminating all but one Account holder from the Competition. This is achieved through a series of games to determine those nominated for elimination and a series of votes by other Account holders, which you may seek to influence, as to which nominated user is to be eliminated.
All players enter a Tier 1 House and must be crowned winner of the House in order to progress to Tier 2. There can be more than one winner of a Tier. Players can never pay to access a higher House without being crowned winner of the Tier below, however a player who is evicted from a House, may re-enter another House of the same Tier, until the cut-off date for entry to that Tier of the Competition.
The above mechanics apply to all Tiers from Tier 1 to Tier 6. There will be only one winner of the Tier 7 House, who will win the Competition.
There is no cost to enter the tournament, however there is a payment required solely for facilities provided for the playing of the game.
The Company will determine the date at which entry to the Competition, and subsequently entry to each Tier closes, after which no entry or re-entry to that Tier will be permitted.
Subject to the Tier entry cut-off dates and subject to compliance with all other Terms, there are no restrictions on the number of times an Account holder may enter the Competition consecutively.
The Competition is only valid in jurisdictions where skill-based play for monetary instruments or monetary value is permitted. The Competition may be prohibited in your jurisdiction, the assessment of which is your sole and exclusive responsibility. The Competition is void where prohibited (the “Prohibited Jurisdictions”). We reserve the right, but are not obligated to, monitor your location and block access from any Prohibited Jurisdiction.
Your participation in the Competition is at your own risk. You acknowledge and agree that the Company will not be held responsible in any way for your violation of any applicable law, rule, or regulation or for any action we may undertake to restrict your access to the Competition.
The prize fund increases by $0.69 for each additional Houseguest who enters the Competition, subject always to a cumulative maximum prize fund of $1,000,000. The prize fund will be transferred to the Competition winner within twenty eight (28) days, subject to the winner providing the Company with details of a nominated bank account, a notarised copy of their passport or driving licence, two utility bills dated within 3 months of the date of submission, showing their current residential address, a satisfactory due diligence report from a reputable international risk management and security screening organisation and a statement of good character from the police authorities of each country in which they have resided for more than six months during the 10-year period prior to winning the competition. The prize will not be awarded wherever prohibited by law.
Conduct, General Prohibitions, and The Company’s Enforcement Rights
You agree that you are responsible for your own conduct and User Content while using the Services, and for any consequences thereof. Please refer to our Houseguest Rules and Spectator Guidelines for information about the kinds of conduct and User Content that are prohibited while using the Services. By way of example, and not as a limitation, you agree that when using the Services and Content, you will not:
• defame, abuse, harass, harm, stalk, threaten, or otherwise violate the legal rights (including the rights of privacy and publicity) of others;
• upload, post, email, transmit, or otherwise make available any unlawful, defamatory, obscene or pornographic Content;
• promote or engage in discrimination, bigotry, racism, hatred, or harassment against any individual or group;
• violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
• upload, post, or otherwise make available commercial messages or advertisements, pyramid schemes, or other disruptive notices;
• promote or provide instructional information about illegal or harmful activities or substances;
• promote or engage in physical harm, violence, or injury against any group or individual;
• transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
• post, upload, publish, submit, or transmit any Content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
• use, display, mirror, or frame the Services or any individual element within the Services, the Company’s name, any the Company trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without the Company’s express written consent;
• access, tamper with, or use nonpublic areas of the Services, the Company’s computer systems, or the technical delivery systems of the Company’s providers;
• attempt to probe, scan, or test the vulnerability of any the Company system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by the Company or any of the Company’s providers or any other third party (including another user) to protect the Services or Content;
• attempt to access or search the Services or Content, or download Content from the Services through the use of any technology or means other than those provided by the Company or other generally available third-party web browsers (including, without limitation, automation software, bots, spiders, crawlers, data-mining tools, or hacks, tools, agents, engines, or devices of any kind);
• extract, scrape, index, copy, or mirror the Services or Content or portions thereof (including but not limited to information about users or gameplay);
• use any meta tags or other hidden text or metadata utilizing the Company trademark, logo, URL, or product name without The Company’s express written consent;
• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false source-identifying information;
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Content;
• interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
• take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Services or the Company’s infrastructure;
• delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the Content;
• use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in a manner not permitted by these Terms, including but not limited to (a) gathering in App items or resources for sale outside the App, (b) performing services in the App in exchange for payment outside the App, or (c ) sell, resell, rent, or lease the App or your Account;
• collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
• violate any applicable law or regulation; or
• encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Feedback
We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by reaching out to us from the support section of the App or on Facebook, Twitter, or by email. You grant to us a nonexclusive, worldwide, perpetual, irrevocable, fully paid, royalty free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.
Links to Third Party Websites or Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites, or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
Termination
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by emailing us at delete@bigbrother.game. Upon any termination, discontinuation, or cancellation of Services or your Account, the following provisions of these Terms will survive: Arbitration Notice; Content Ownership; Rights Granted by You; Effect of Termination on Virtual Money and Virtual Goods; Virtual Money and Virtual Goods; Feedback; Disclaimer of Warranties; Indemnity; Limitation of Liability; Dispute Resolution; General Terms; and this sentence of Termination.
Disclaimer of Warranties
YOUR USE OF THE APP AND SERVICES ARE AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. The Company make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error -free basis, and we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content.
YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATED OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT THE COMPANY DO NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES. THE COMPANY MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
Indemnity
You will indemnify and hold harmless Banijay Group, 9th Impact Ltd. and their respective officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services or Content, (b) your User Content, or (c ) your violation of these Terms.
Limitation of Liability
BANIJAY GROUP ARE LICENSORS OF THE “BIG BROTHER” INTELLECTUAL PROPERTY AND HAVE NO CONTROL OVER OR RESPONSIBILITY FOR THE OPERATION OF THE SERVICE AND HAVE NO LIABILITY RELATING TO THE SERVICE UNDER ANY CIRCUMSTANCES. THE SERVICE IS EXCLUSIVELY DELIVERED BY THE COMPANY. HOWEVER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN NO EVENT WILL THE TOTAL LIABILITY OF THE COMPANY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE HUNDRED EURO (€100). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.
Dispute Resolution
These Terms and any action related thereto will be governed by the laws of the Republic of Ireland.
You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the action described in this clause, an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide The Company with written notice of your desire to do so by email at termsofservice@bigbrother.game within seven (7) days following the date you first accept these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide the Company with an Arbitration Opt-out Notice within the seven (7) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide the Company with an Arbitration Opt-out Notice, will be courts of the Republic of Ireland, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide the Company with an Arbitration Opt-out Notice, you acknowledge and agree that you and the Company are each waiving the right to a trial or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and the Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms. The arbitration will be administered by Arbitration Ireland in accordance with the Commercial Arbitration Rules except as modified by this “Dispute Resolution” section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration. The arbitrator will be selected by Arbitration Ireland. Unless you and The Company otherwise agree, the arbitration will be conducted in the offices of Arbitration Ireland. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. Our responsibility to pay any filing, administrative, and arbitrator fees will be solely as set forth by law.
General Terms
These Terms and any action related thereto will be governed by the laws of the Republic of Ireland. These Terms constitute the entire and exclusive understanding and agreement between the Company and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between the Company and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Dispute Resolution” section above or by a court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without the Company’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null. the Company may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by the Company under these Terms, including those regarding modifications to these Terms, will be given: (a) via email, or (b) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
The Company failing to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Information
If you have any questions about these Terms or the Services, please contact us at termsofservice@bigbrother.game or Big Brother: The Game, Legal Department, Galway Technology Centre, IDA Business Park, Mervue, Galway, Ireland.
If you do not agree to all these policies, rules and the Terms, you may not use the Services. In order to agree to these Terms, you need to be 18 years of age or older and have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.
Eligibility and Account Registration
We comply with the Children’s Online Privacy Protection Act (COPPA) through the verification and age gating process. You must be 18 years of age or older to use the Services.
If you want to use certain features of the Services, you will have to create an account with us (an “Account”).
It’s important that you provide us with accurate, complete, and up-to-date information for your Account, and you agree to update such information as needed, to keep it accurate, complete, and up-to-date. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Service User Rights
Subject to your compliance with these Terms, the Company grants you a limited nonexclusive, nontransferable, non-sublicensable license to access the Services solely for your own personal, noncommercial purposes. Except as expressly permitted in these Terms, you may not: (a) copy, modify, or create derivative works based on the ; (b) distribute, transfer, sublicense, lease, lend, or rent the App to any third party; (c ) reverse engineer, decompile, or disassemble the App; or (d) make the functionality of the App available to multiple users through any means. The Company reserves all rights in and to the App not expressly granted to you under these Terms.
Content and Content Rights
For purposes of these Terms: (a) “Content” means the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services; and (b) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content. Subject to your compliance with these Terms, the Company grants you a personal, noncommercial, nonexclusive, nontransferable, non-sublicensable, revocable license to download, view, display, and use the Content solely in connection with your permitted use of the Services.
By making any User Content available through Services, you grant to the Company a nonexclusive, perpetual, irrevocable, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, publicly display, publicly perform, and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content, or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by the Company on or through the Services will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. The Company may reject any submissions in which the Company believes, in its sole discretion, that the User Content is inappropriate or violates the Houseguest Rules, the Spectator Guidelines or these Terms. The Company further reserves the right to remove any User Content from the Services at any time and without notice and for any reason.
Virtual Money and Virtual Goods
The App permits the purchase of virtual currency (“Virtual Money”) and use of that Virtual Money to purchase virtual items or services that we expressly make available for use in the App (“Virtual Goods”). The purchase of Virtual Money and Virtual Goods is limited to Account holders who are 18 years of age or older. Virtual Money can be received as gifts from other Account holders, provided for free by the Company or can be accumulated through completion of certain actions within the App.
Virtual Money is a category of Content, so the accumulation or purchase of Virtual Money grants you only a limited, nontransferable, non-sublicensable, revocable license to use such Virtual Money to access and purchase Virtual Goods or to gift to other Account holders, in conjunction with your personal, noncommercial use of the Services. You acknowledge that you do not acquire any ownership rights in or to the Virtual Money, Virtual Goods, or other Content; any balance of Virtual Goods or Virtual Money does not reflect any stored value. You agree that Virtual Money and Virtual Goods have no monetary value and do not constitute actual currency or property of any type. Virtual Money may be redeemed only for Virtual Goods and can never be sold, or exchanged for “real” money, “real” goods, or “real” services from us or anyone else. You also agree that you will only obtain Virtual Money and/or Virtual Goods from us and through means provided by us, and not from any third-party platform, exchange, broker, or other mechanism, unless expressly authorized. Once you acquire a license to Virtual Money or Virtual Goods, you may transfer the Virtual Money or Virtual Goods to another individual or account, but only inside the App. We may cancel any Virtual Money or Virtual Goods sold, transferred, or exchanged in violation of these Terms. Any such sale, external transfer, or unauthorised exchange (or attempt to do so) is prohibited and may result in the termination of your Account.
During the term of your license to your Virtual Money, you have the right to redeem your Virtual Money for selected Virtual Goods. Pricing and availability of Virtual Money and Virtual Goods are subject to change without notice. We reserve the right at any time to change and update our pricing and inventory of Virtual Money and Virtual Goods. As set forth below, all Virtual Money, Virtual Goods, and other Content is provided “as is,” without any warranty. You agree that all sales by us to you of Virtual Money and Virtual Goods are final and that we will not permit exchanges or refunds for any unused Virtual Money or Virtual Goods once the transaction has been made.
You agree that (a) purchase of Virtual Money involves immediate download of such Content; and (b) you lose your right of withdrawal once your purchase is complete. We reserve the right to control, regulate, change, or remove any Virtual Money or Virtual Goods without any liability to you.
Gifting & Trading
The App permits Account holders to gift Virtual Money and Virtual Goods to other Account holders. Virtual Money or Virtual Goods received from an Account holder are a category of Content, and The Company grants you a limited, nontransferable, non-sublicensable, revocable license to use such Trading Items in conjunction with your personal, noncommercial use of the Services. All provisions of the Virtual Money and Virtual Goods terms apply to items received as gifts from Account holders.
If you have negotiated a trade of Virtual Money or Virtual Goods with another Account holder, or have agreed that an Account holder will take an action or series of actions in return for gifts of Virtual Money or Virtual Goods, the Company has no interest in monitoring the performance of this agreement and you expressly agree that any such agreement does not constitute a contract and cannot be enforced either within the App or externally.
Effect of Termination on Virtual Money, and Virtual Goods
We may cancel, suspend, or terminate your Account and your access to your Virtual Money, Virtual Goods, the Content, or the Services, in our sole discretion and without prior notice, including if (a) your Account is inactive (i.e., not used or logged into) for twenty eight (28) days; (b) you fail to comply with these Terms; (c ) we suspect fraud or misuse by you of Virtual Money, Virtual Goods, or other Content; (d) we suspect any other unlawful activity associated with your Account; or (e) we are acting to protect the Services, our systems, the App, any of our users, or the reputation of the Company. We have no obligation or responsibility to, and will not reimburse or refund, you for any Virtual Money, or Virtual Goods lost due to such cancellation, suspension, or termination. You acknowledge that the Company is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Virtual Money and Virtual Goods when your Account is closed, whether such closure was voluntary or involuntary.
We have the right to offer, modify, eliminate, and/or terminate Virtual Money, Virtual Goods, the Content, and/or the Services, or any portion thereof, at any time, without notice or liability to you. If we discontinue the use of Virtual Money or Virtual Goods, we will provide at least 7 days’ advance notice to you by posting a notice on the Site or App or through other communications.
Competition
If you become a Houseguest, you are entering a tournament and are in competition with other Houseguests to win the game prize fund (the “Competition”). The competition is sponsored exclusively by the Company. Apple is not a sponsor or involved in the activity in any manner. Google is not a sponsor or involved in the activity in any manner.
A contestant may only enter the Competition using a token. Tokens can be purchased, gifted or another player may sponsor an audition which allows the auditioning player to gain entry using the sponsors tokens.
Big Brother: The Game is a game of social, analytical and psychological skill, the outcome is determined by your actions, the actions of other Houseguests and the actions of Spectators. The tournament works by progressively eliminating all but one Account holder from the Competition. This is achieved through a series of games to determine those nominated for elimination and a series of votes by other Account holders, which you may seek to influence, as to which nominated user is to be eliminated.
All players enter a Tier 1 House and must be crowned winner of the House in order to progress to Tier 2. There can be more than one winner of a Tier. Players can never pay to access a higher House without being crowned winner of the Tier below, however a player who is evicted from a House, may re-enter another House of the same Tier, until the cut-off date for entry to that Tier of the Competition.
The above mechanics apply to all Tiers from Tier 1 to Tier 6. There will be only one winner of the Tier 7 House, who will win the Competition.
There is no cost to enter the tournament, however there is a payment required solely for facilities provided for the playing of the game.
The Company will determine the date at which entry to the Competition, and subsequently entry to each Tier closes, after which no entry or re-entry to that Tier will be permitted.
Subject to the Tier entry cut-off dates and subject to compliance with all other Terms, there are no restrictions on the number of times an Account holder may enter the Competition consecutively.
The Competition is only valid in jurisdictions where skill-based play for monetary instruments or monetary value is permitted. The Competition may be prohibited in your jurisdiction, the assessment of which is your sole and exclusive responsibility. The Competition is void where prohibited (the “Prohibited Jurisdictions”). We reserve the right, but are not obligated to, monitor your location and block access from any Prohibited Jurisdiction.
Your participation in the Competition is at your own risk. You acknowledge and agree that the Company will not be held responsible in any way for your violation of any applicable law, rule, or regulation or for any action we may undertake to restrict your access to the Competition.
The prize fund increases by $0.69 for each additional Houseguest who enters the Competition, subject always to a cumulative maximum prize fund of $1,000,000. The prize fund will be transferred to the Competition winner within twenty eight (28) days, subject to the winner providing the Company with details of a nominated bank account, a notarised copy of their passport or driving licence, two utility bills dated within 3 months of the date of submission, showing their current residential address, a satisfactory due diligence report from a reputable international risk management and security screening organisation and a statement of good character from the police authorities of each country in which they have resided for more than six months during the 10-year period prior to winning the competition. The prize will not be awarded wherever prohibited by law.
Conduct, General Prohibitions, and The Company’s Enforcement Rights
You agree that you are responsible for your own conduct and User Content while using the Services, and for any consequences thereof. Please refer to our Houseguest Rules and Spectator Guidelines for information about the kinds of conduct and User Content that are prohibited while using the Services. By way of example, and not as a limitation, you agree that when using the Services and Content, you will not:
• defame, abuse, harass, harm, stalk, threaten, or otherwise violate the legal rights (including the rights of privacy and publicity) of others;
• upload, post, email, transmit, or otherwise make available any unlawful, defamatory, obscene or pornographic Content;
• promote or engage in discrimination, bigotry, racism, hatred, or harassment against any individual or group;
• violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
• upload, post, or otherwise make available commercial messages or advertisements, pyramid schemes, or other disruptive notices;
• promote or provide instructional information about illegal or harmful activities or substances;
• promote or engage in physical harm, violence, or injury against any group or individual;
• transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
• post, upload, publish, submit, or transmit any Content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
• use, display, mirror, or frame the Services or any individual element within the Services, the Company’s name, any the Company trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without the Company’s express written consent;
• access, tamper with, or use nonpublic areas of the Services, the Company’s computer systems, or the technical delivery systems of the Company’s providers;
• attempt to probe, scan, or test the vulnerability of any the Company system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by the Company or any of the Company’s providers or any other third party (including another user) to protect the Services or Content;
• attempt to access or search the Services or Content, or download Content from the Services through the use of any technology or means other than those provided by the Company or other generally available third-party web browsers (including, without limitation, automation software, bots, spiders, crawlers, data-mining tools, or hacks, tools, agents, engines, or devices of any kind);
• extract, scrape, index, copy, or mirror the Services or Content or portions thereof (including but not limited to information about users or gameplay);
• use any meta tags or other hidden text or metadata utilizing the Company trademark, logo, URL, or product name without The Company’s express written consent;
• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false source-identifying information;
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Content;
• interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
• take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Services or the Company’s infrastructure;
• delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the Content;
• use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in a manner not permitted by these Terms, including but not limited to (a) gathering in App items or resources for sale outside the App, (b) performing services in the App in exchange for payment outside the App, or (c ) sell, resell, rent, or lease the App or your Account;
• collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
• violate any applicable law or regulation; or
• encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Feedback
We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by reaching out to us from the support section of the App or on Facebook, Twitter, or by email. You grant to us a nonexclusive, worldwide, perpetual, irrevocable, fully paid, royalty free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.
Links to Third Party Websites or Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites, or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
Termination
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by emailing us at delete@bigbrother.game. Upon any termination, discontinuation, or cancellation of Services or your Account, the following provisions of these Terms will survive: Arbitration Notice; Content Ownership; Rights Granted by You; Effect of Termination on Virtual Money and Virtual Goods; Virtual Money and Virtual Goods; Feedback; Disclaimer of Warranties; Indemnity; Limitation of Liability; Dispute Resolution; General Terms; and this sentence of Termination.
Disclaimer of Warranties
YOUR USE OF THE APP AND SERVICES ARE AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. The Company make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error -free basis, and we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content.
YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATED OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT THE COMPANY DO NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES. THE COMPANY MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
Indemnity
You will indemnify and hold harmless Banijay Group, 9th Impact Ltd. and their respective officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services or Content, (b) your User Content, or (c ) your violation of these Terms.
Limitation of Liability
BANIJAY GROUP ARE LICENSORS OF THE “BIG BROTHER” INTELLECTUAL PROPERTY AND HAVE NO CONTROL OVER OR RESPONSIBILITY FOR THE OPERATION OF THE SERVICE AND HAVE NO LIABILITY RELATING TO THE SERVICE UNDER ANY CIRCUMSTANCES. THE SERVICE IS EXCLUSIVELY DELIVERED BY THE COMPANY. HOWEVER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN NO EVENT WILL THE TOTAL LIABILITY OF THE COMPANY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE HUNDRED EURO (€100). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.
Dispute Resolution
These Terms and any action related thereto will be governed by the laws of the Republic of Ireland.
You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the action described in this clause, an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide The Company with written notice of your desire to do so by email at termsofservice@bigbrother.game within seven (7) days following the date you first accept these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide the Company with an Arbitration Opt-out Notice within the seven (7) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide the Company with an Arbitration Opt-out Notice, will be courts of the Republic of Ireland, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide the Company with an Arbitration Opt-out Notice, you acknowledge and agree that you and the Company are each waiving the right to a trial or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and the Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms. The arbitration will be administered by Arbitration Ireland in accordance with the Commercial Arbitration Rules except as modified by this “Dispute Resolution” section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration. The arbitrator will be selected by Arbitration Ireland. Unless you and The Company otherwise agree, the arbitration will be conducted in the offices of Arbitration Ireland. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. Our responsibility to pay any filing, administrative, and arbitrator fees will be solely as set forth by law.
General Terms
These Terms and any action related thereto will be governed by the laws of the Republic of Ireland. These Terms constitute the entire and exclusive understanding and agreement between the Company and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between the Company and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Dispute Resolution” section above or by a court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without the Company’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null. the Company may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by the Company under these Terms, including those regarding modifications to these Terms, will be given: (a) via email, or (b) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
The Company failing to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Information
If you have any questions about these Terms or the Services, please contact us at termsofservice@bigbrother.game or Big Brother: The Game, Legal Department, Galway Technology Centre, IDA Business Park, Mervue, Galway, Ireland.