Terms & Conditions
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 App – shall refer to our mobile app named “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 App 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 App
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+.
2.4 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 App, you may grant certain permissions to us for your device and/or accounts (if registration is required to use the Bing App). 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 App, you agree to receive automatic software updates (as applicable) for the Bing App.
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.
3.6 We may remove the Bing App 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 App or other Bing Products without your permission. We will be entitled to assume that anyone who accesses the Bing App 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.
4.1 The Site and the Content on the Site are currently made available to you free of charge.
4.2 The Bing App has two versions: a free version and a pay version. You can upgrade the free Bing App version to the pay version 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 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 App, 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 App 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.
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.
7.5 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
8.2 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.
9.1 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.
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.