Terms & Conditions
Terms & Conditions of the site.
TERMS OF USE
Acamar Films provides you access to the Site, the Bing App and its Content subject to the following
Terms and Conditions:
DEFINITIONS
To make it easier for you to understand our Terms of Use we have prepared below an easy summary of
all defined terms used in this document.
Acamar Films/We – shall refer to Us, a company registered in England and Wales under company number
04399568, registered address is at 7 Savoy Court, London, United Kingdom, WC2R 0EX), offices
address: The Rotunda (Ground Floor), 42-23 Gloucester Crescent, London NW1 7DL, United Kingdom
Bing Apps – shall refer to our mobile and voice apps branded “Bing” which you can download from a mobile platform operated by a third party, such as the App Store and Google Play.
Bing Products – shall refer jointly to the Site, the Bing Apps and the Content that we make available to
you
Content – shall refer to the content of any nature (including text, visual, photographs, articles,
information, names, images, graphics, video, audio, pictures, logos and icons identifying or relating to
Acamar Films and/or its products and services or third party products and services) contained in the Site and/or the Bing Apps
Site – shall refer to our site at www.bingbunny.co.uk or www.bingbunny.com (and their sub-domains)
Terms of Use – shall refer to these terms and conditions of use
1. GENERAL
1.1 These Terms of Use, together with our Privacy Policy, govern the rights, obligations, and restrictions
related to the use of the Bing Products. Access to the Site and to the Bing Apps and/or the use of all or part of the Bing Products implies that You accept and agree to comply with these Terms of Use, together with our Privacy Policy, which will take effect on the date that you first use the Site or the Bing Apps respectively.
1.2 Acamar Films reserves the right to change these Terms of Use at any time by posting changes online.
You are responsible for reviewing regularly information posted online to obtain timely notice of such changes. Your continued use of the Site or the Bing Apps after changes are posted constitutes your acceptance of these Terms of Use as modified by the posted changes.
1.3 Please note that some of the services offered on the Site and in the Bing Apps are subject to special conditions (such as rules governing specific games, tasks, options or competitions) which are made available in conjunction with the service to which they relate. These types of conditions are treated as a supplement to these Terms of Use and in the event of any conflict, they prevail.
1.4 If you do not accept these Terms of Use, please leave the Site, the Bing Apps and cease using all other Bing Products.
2. INTERNET, BROWSER AND SYSTEM REQUIREMENTS
2.1 You may need a high speed Internet connection and/or minimum system and/or browser requirements to access and use certain aspects of the Bing Products.
2.2 To use the Site and download the Content from the Site (if such functionality is made available on the Site), you need an Internet connection with a minimum speed of 3MB (web browsing) 5MB (video streaming), the most updated version of the browser you use to search the Internet (please check the updates with the provider of your browser) as well as at least following version the operating system on your computer:
2.2.1 For Apple system users: Apple: OS 10.13.6+;
2.2.2 For Windows users: 10+.
2.3 To use the Bing Apps and download the Content through the Bing Apps (if such functionality is made available in the Bing Apps), you need an Internet connection with a minimum speed of 10Mb, the most updated version of the Bing Apps (please check the updates on the platform from which you downloaded the Bing Apps, for example Apple store or Google Play). By downloading, accessing and/or using the Bing Apps, you agree to be bound by these Terms of Use in addition to any usage rules or terms of services which may apply between You and the applicable App store that you access the Bing Apps from, including without limitation Apple’s App Store Usage Rules and the Google Play Terms of Services.
2.4 When you access the Bing Products through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Bing Products may be prohibited or restricted by your network provider and not all Bing Products may work with your network provider or device.
2.5 When you use the Bing Apps, you may grant certain permissions to us for your device and/or accounts (if registration is required to use the Bing Apps). Most mobile device platforms provide additional information regarding these permissions and how, if possible, to changes your permission settings. By downloading, installing or using the Bing Apps, you agree to receive automatic software updates (as applicable) for the Bing Apps.
3. TERMS OF USE OF THE BING PRODUCTS
3.1 You understand that the Bing Products are for your personal, non-commercial use and are intended for informational, educational and entertainment purposes only. Subject to your continued compliance with these Terms of Use, we grant to You a non-exclusive, non-transferable, non-sublicensable, revocable, limited licence to use and access the Bing Products (and to download the Bing Apps on any compatible device registered to your applicable App store account) for your own personal and noncommercial entertainment. Except as expressly licensed, we do not allow uses of the Bing Products, or our other intellectual property, that are commercial or business-related, including used in marketing, advertising, offering to sell or promote products or services (whether or not for profit). The Content may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except as expressly licensed. Any other use requires the prior written permission of Acamar Films.
3.2 You agree not to adapt, alter or create a derivative work from any of the Bing Products or Content, not to reproduce, distribute, communicate to the public, make available to the public or transform any Bing Products, in any media format or channel. You agree to use the Bing Products only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Bing Products by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content within the Bing Products.
3.3 While using this Site or the Bing Products you agree to comply with all applicable laws, rules and regulations (including, but not limited to, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation).
3.4 Virtual or digital items (including characters and character names) purchased or available to you in the Bing Products can only be used in connection with the Bing Products where you obtained them or where they were assembled by you as a result of game play. We may modify or discontinue virtual or digital items or in-game currency at any time.
3.5 The Site, Bing Apps and the Content (except for Acamar Films’ logo, name, trade mark and image) are provided to you under a non-transferable, non-exclusive, non-commercial, personal license. The license to install and use the Site, Bing Apps and the Content will be in effect from the time it is first accessed until it is terminated. You may terminate this license at any time by ceasing to use the Site, the Bing Apps and the Content. We may terminate this license at any time for cause if you breach terms of use of the Site, the Bing Apps or the Content and termination will take effect immediately. We may terminate this license without cause at any time and the termination will then take effect one month after you have been notified about it. In the event of termination, by you or by Us, the license granted to you will terminate and you must permanently uninstall the Bing Apps and destroy all copies of the Content in your possession.
3.6 We may remove the Bing Apps or any of the Bing Products or cease providing any of the features, content, materials, information or services provided via the Bing Products at any time in Our absolute discretion for any reason whatsoever.
3.7 You are responsible for ensuring that no person uses your device to access the Bing Apps or other Bing Products without your permission. We will be entitled to assume that anyone who accesses the Bing Apps or the Bing Products using your device has Your permission to do so and You will be responsible for any charges, costs or liabilities that may be incurred by any such persons.
4. CHARGES
4.1 The Site and the Content on the Site are currently made available to you free of charge.
4.2 The Bing Apps may have two versions: a free version and a pay version. You can upgrade the free Bing Apps version to the pay version (where applicable) to access more content, and additional fees will apply above the standard data charges set out in section 2.4 above when purchasing a license to use and download the pay version of the Bing App (and the Content included in such app) from third party platform (such as Apple Store or Google Play). You will receive clear information about any additional fees before purchasing the relevant license to use and download the pay version of the relevant Bing App. Additional fees are inclusive of VAT and other consumption taxes and may change.
4.3 You understand and agree that we can change our prices and charge for content that is currently free at a later date as long as we let you know before we start charging for anything further on the Bing Apps, the Site and/or the Bing Products.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 Acamar Films owns all intellectual property rights in the Site, the Bing Apps and the Content, except for any content published by you, if such functionality is made available to you on the Bing Products.
5.2 The names, images and logos identifying Acamar Films and/or third parties and their products and services are proprietary marks of Acamar Films and/or such third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right in those names, images and logos of Acamar Films and/or of any other third party.
6. CONTRIBUTIONS
Where you are invited to submit any contribution (including any text, photographs, graphics, video or audio) to the Bing Products or to Acamar Films by different communication channels, you agree, by submitting your contribution, to grant Acamar Films a perpetual, royalty-free, non-exclusive, sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in Acamar Film’s Privacy Policy. If you do not want to grant to Acamar Films the rights set out above, please do not submit your contribution to Us.
7. LIMITATIONS OF LIABILITY
7.1 Acamar Films shall use its best effort to make the Bing Products available 24/7, regardless of the maintenance operations of such Bing Products. In this respect, We reserve the right to interrupt access to all or part of the Bing Products for maintenance and/or improvement work.
7.2 The Bing Products are provided “AS IS” and on an “IS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
7.3 You warrant to Us that: (a) You are not located in a country that is subject to a U.S. Government embargo or that that has been designated by the U.S. Government as a “terrorist-supporting” country;
(b) You are not listed on any U.S. Government list of prohibited or restricted parties.
7.4 You agree that your use of the Bing Products is at your own risk. You shall remain solely and exclusively responsible for the use of the Bing Products made available to you and for the compliance with these Terms of Use.
7.5 To the maximum extent allowed under any applicable law, in no event will Acamar Films and/or its subsidiaries, directors, employees, service providers and agents, be liable for any damages of any kind including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortuous action, arising out of or in connection with the use of the Bing Products. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you if you reside in such a jurisdiction. Acamar Films does not warrant that the Bing Products will be fully functional, accurate, uninterrupted or error free, that defects will be corrected, or that the Bing Products or the server that makes them available will be free of viruses or bugs. Nothing shall exclude Acamar Films’s liability for death or personal injury as a result of its negligence.
8. CHILDREN PROTECTION
8.1 If you are a child and wish to access the Bing Products and make full use of all or part of them, you must have permission from your parents or legal guardians. Parents or guardians should explain to any children using the Bing Products how these Terms of Use will apply.
8.2 It is recommended that parents or legal guardians monitor the activities of their children or the children for whom they are responsible when using the Bing Products.
9. COMPETITIONS
9.1 Competition submissions must be made by a grown-up who is 18 years or older before midnight on the closing date set in the competition entry terms. The competition is not open to anyone associated with the promotion or to any employees of Acamar or their immediate family members; and the competition is not open to anyone in a jurisdiction where competitions are illegal. Acamar reserves the right to disqualify any entrant if it has reasonable grounds to believe that the entrant is not eligible or has otherwise breached any of the competition entry terms. By entering the Competition, you agree to be bound by these competition entry terms. Only entries submitted before the competition closing date will be counted.
9.2 To enter the Competition you must follow the instructions on the Site or Bing App or within the Facebook post for the competition on Our official Bing Bunny Facebook page (whichever applies).
9.3 A number of winners will be chosen at random – they will be selected either by a computer process that produces verifiably random results or by an independent person, or under the supervision of an independent person. The decision of Acamar Films is final and no correspondence will be entered into.
9.4 The winners will be notified privately by using the contact details given as part of the entry process or by a Facebook message after the closing date and later announced on the Bing Bunny Facebook page publicly, subject to the winner’s prior written approval. If a winner does not respond to Acamar within a week following notification, their winning position will no longer be valid and a new winner will be chosen in accordance with paragraph 9.3 above.
9.5 The competition prize will be described on the Bing Products and/or the Bing Bunny Facebook page.
The prize cannot be exchanged for cash and is non-transferable.
9.6 We do not guarantee entry to Our competitions. We may also, in appropriate circumstances, and at our sole discretion, reject, edit, remove or disable access to entries that We considers may be legally or otherwise problematic. We cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering a competition or as a result of accepting any prize. We are not responsible for any technical issues in relation to any telecommunications or internet network (including in relation to speed or bandwidth), including any injury or damage to an entrant’s or any other person’s device related to or resulting from participation or downloading any materials in a competition.
9.7 Any personal data relating to competition entrants will be used solely in accordance with applicable data protection legislation. We will retain data relating to entrants for a reasonable period after the competition closes to assist us to operate competitions in a consistent manner and to deal with any queries. Please refer to Our Privacy Policy for further information on how we process personal data.
10. MISCELLANEOUS
10.1 If you have any queries or complaints regarding the Bing Products and/or these Terms of Use, you can contact our customer service via email to: hello@bingbunny.com . You can also contact Acamar Films via mail to the address indicated in the DEFINITIONS section above.
10.2 If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining term and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
10.3 Except where prohibited by applicable laws, these Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.
10.4 Except where prohibited by applicable laws, all disputes arising from your use of the Bing Products and/or from these Terms of Use shall be subject to the exclusive jurisdiction of the courts of England and Wales.