Support, Terms of Service & Privacy Policy for
The Burning Hotel Game™
Support
For support issues for The Burning Hotel Game™, email info@watchistry.com
Terms and Conditions
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
Terms and Conditions
1. License and restrictions.
Subject to these Terms, Jeffery Scott Heileson (“Heileson”) grants you a non-exclusive, limited, revocable, non-transferable license to use the Services for your personal, non-commercial use. You may not: (a) modify, translate, reverse-engineer, reverse-compile or decompile, disassemble, create derivative works of, or use data gathering or extraction tools in connection with the Services; (b) reproduce, duplicate, copy, sell, resell, or otherwise exploit the Services, in whole or in part, for any purpose without Heileson's express written consent; (c) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without the express written consent of the respective owner; (d) use any data mining tools or automation tools such as spiders, crawlers, scripts, bots, or any automated method of recording information; (e) use any meta-tags or any other "hidden text" utilizing "Heileson ," its affiliates, partners or artists without Heileson's express written permission; or (f) engage in any conduct in connection with the Services that may be considered illegal or tortious including, without limitation, "hacking" the Services, or infringing the intellectual property or other proprietary rights of Heileson or third-parties.
Additionally, where the Services are a downloadable game and/or application ("App"), Heileson grants you a non-exclusive, non-transferable, revocable, limited license to use the App for your personal, non-commercial use on authorized devices, unless otherwise specified. The App may not be copied, resold, or sublicensed. These Terms apply to all versions and updates to the App, including, without limitation, free and paid versions.
The App may include measures to control access to the App (including age controls), prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under these Terms. You may not take any action to circumvent or defeat such security features. If you disable or otherwise tamper with the technical protection measures, your license to use the App or other Services shall be considered automatically revoked.
2. Third-party product, services and links.
Heileson may offer third-party products through the Services. You assume all risks and liabilities associated with the use of any such third-party products. Additionally, your rights and obligations regarding such products or services will be governed by the separate terms of use and privacy policies of the applicable third-party provider.
The Services may include hyperlinks to other websites over which Heileson has no control. Heileson is not responsible for the availability of such external sites or resources and will not be responsible or liable for any content, advertising, products, or other materials on or available from such third-party websites or resources.
3. Access to the services.
By using the Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed these Terms with your parent or guardian and he or she assents to these Terms on your behalf and takes full responsibility for your compliance with them. If you are under the age of 13, you must have permission from your parent or guardian in order to use the Services. If you do not have permission from your parent of guardian, certain features and functionality of the Services may be disabled. Information regarding use of your personal information can be found in Heileson’s Privacy Policy (below) or in the privacy policy specific to the Service you are using.
You may be required to register an account before using certain Services ("Account"). You may also be required or have the option to access the Services through a social networking service ("SNS"). Your Account is personal to you, and you may not rent, lease, sell, trade, gift, bequeath, or otherwise transfer it to anyone else. You agree to provide true and complete information about yourself when you register your Account and to keep it up to date. You may not have more than one Account or access the Services through more than one SNS at any given time. You are solely responsible for maintaining the confidentiality of your password and user name and for any activities that occur under your Account. Heileson does not authorize use of automated methods to sign up for an Account, and Heileson reserves the right to immediately terminate your access to the Services or your Account if you breach these Terms or otherwise violate any applicable law, rule, or regulation in your jurisdiction.
You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using the Services.
4. In-app purchases.
A. In-game Virtual Currency and Virtual Items
The Service may include an opportunity for you to earn, buy or otherwise obtain in-game currency ("Virtual Currency") to access virtual, in-game digital goods or items ("Virtual Items"). Methods of obtaining Virtual Currency are at Heileson’s sole discretion. Virtual Currency and Virtual Items are not real currency, do not have monetary value, and may not be redeemed for legal currency, or items of value outside of the Services.
Virtual Currency and Virtual Items obtained via the Service are provided to you under a limited, personal, revocable, non-transferable, non-sublicenseable license to use within the Service. You have no property interest, right or title in or to any Virtual Currency or Virtual Items appearing or originating in the Service, and they may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service.
Heileson has no liability for hacking or loss of your Virtual Currency or Virtual Items or any goods or services obtained via Virtual Currency. Heileson has no obligation to, and will not, reimburse you for any Virtual Currency or Virtual Items obtained via Virtual Currency. Heileson reserves the right, in its sole discretion and without prior notification, to change or limit the price, availability, or order quantity of any Virtual Currency or Virtual Items and to refuse to provide you with any Virtual Currency or Virtual Items.
Virtual Currency may have an expiration date. If your Virtual Currency or Virtual Items expire and you still have an active Account, Heileson may offer conversion of such Virtual Currency into Virtual Items for you in its sole discretion, however Heileson is under no obligation to do so. Virtual Currency and Virtual Items may be forfeited if: (a) your Account or access to the Services is terminated or suspended for any reason; (b) you breach these Terms; (c) Heileson discontinues availability of the Service; or (d) you disassociate from the Service.
B. Subscriptions
In some of our games, you may pay a fee for a subscription membership ("Subscription").
When you buy a Subscription, you agree to the following:
A Subscription fee will be charged to your chosen payment method in the app store of your device's platform ("App Store"). You will be charged the Subscription fee displayed at the time of sale; and
Your Subscription will automatically renew for the applicable length of your Subscription until either you or Heileson cancels your Subscription. By way of example, if you buy a 3-month Subscription, the Subscription will automatically renew for another 3-month period (unless either you or Heileson cancels your Subscription).
Canceling Subscriptions:
To stop automatic renewal of your Subscription and automatic withdrawal of Subscription fees, you must cancel your Subscription within 24 hours before it renews for the length of the next Subscription period. You may cancel your Subscription at any time by managing the subscription settings at your App Store.
For the Google Play store, instructions for canceling your Subscription may be found here: https://support.google.com/googleplay/answer/7018481
For the Apple App store, instructions for canceling your Subscription may be found here: https://support.apple.com/en-us/HT202039
Other Subscription Terms:
To receive any daily rewards as part of your Subscription, you must open the game that you have the Subscription for. You will not receive rewards for the days on which you did not open the game.
C. Payments for Subscriptions, Virtual Currencies, and Virtual Items
When you pay for a Subscription, Virtual Currencies, and/or Virtual Items, all payments are charged and processed by the App Store (e.g. the Google Play store or the Apple App store), so please review your app store's payment terms for additional payment terms that may apply.
You agree that all payments for Virtual Currency, Virtual Items, and Subscriptions are final. No refunds will be given, except in Heileson’s sole and absolute discretion.
5. Title.
Unless otherwise specified in these Terms, any and all title, ownership, rights, and intellectual property rights in and to the Services including all content therein (collectively the "Heileson Content") shall remain in Heileson and/or its suppliers, and are protected by the copyright laws of the United Kingdom, the United States and other jurisdictions around the world via international copyright treaties. The names and logos, and other graphics, icons, and service names associated with the Heileson Content are trademarks, registered trademarks or trade dress of Heileson or its licensors. You may not use, copy, transmit, modify, distribute, or create any derivative works from the Services or the Heileson Content without prior written consent from Heileson .
The Services may allow you to create content ("Your Content") that incorporates the Heileson Content, including, but not limited, to photos incorporating elements or graphics from games, screenshots or a video of your game play. Heileson retains all rights, title and interest in and to the Heileson Content. You retain all rights to Your Content; provided, however, that Heileson shall have an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to Your Content for any purpose, including, but not limited to, the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute Your Content without any further notice or compensation to you. Except where prohibited by law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Heileson’s use of Your Content.
6. Disclaimer of warranty and limit of liability.
HEILESON MAKES NO REPRESENTATION, WARRANTY, AND/OR GUARANTEE OF THE SUITABILITY OF THE SERVICES FOR YOUR PURPOSES, OR THAT THE USE OF THE SAME WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA.
THE SERVICES ARE PROVIDED "AS IS" AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, HEILESON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SAME, OR TO THE INFORMATION, CONTENT, COMMUNICATIONS, MATERIALS, OR PRODUCTS AND SERVICE CONTAINED THEREIN. YOUR USE OF THE HEILESON SERVICES IS AT YOUR SOLE RISK.
HEILESON WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN REGIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
YOU FURTHER ACKNOWLEDGE THAT HEILESON IS NOT LIABLE, AND YOU AGREE NOT TO HOLD HEILESON LIABLE, FOR THE CONDUCT OF THIRD-PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OTHER THIRD-PARTY SITES, AND THAT THE RISK OF USING OR ACCESSING THE SERVICES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.
7. Indemnification.
You agree to hold harmless, indemnify and defend Heileson, its licensors, affiliates and suppliers and their respective officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) due to, arising out of, or relating to any information or item, including, without limitation, Your Content, Forum Content, and/or Inappropriate Content you may submit, post, transmit or make available through the Forums or Services, your use of the Forums and Services, your connection to the Forums and Services, your violation of these Terms, or your violation of any law, regulation or third-party right. Without limiting your indemnification obligations described herein, Heileson reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
8. Termination.
These Terms will automatically terminate if you fail to comply with any term hereof. You and Heileson have the right to terminate or cancel your Account, at any time for any reason and without notice. Upon termination you shall immediately discontinue use of the Services. Your obligations under Sections 5, 10, 12, and 13 shall survive any termination.
10. No assignment.
These Terms and the licenses granted to you herein are personal to you, and may not be assigned prior to obtaining Heileson’s express written consent.
11. Arbitration and dispute resolution.
These Terms and all disputes and claims relating in any way to, or arising out of, these Terms, the Services, the Forums, Forum Content, Inappropriate Content, Your Content, or your use of the Software or Forums shall be governed by the laws of the State of California, United States of America. You and Heileson agree that the exclusive remedy for all disputes and claims relating in any way to, or arising out of, these Terms, the Services, the Forums, or your use of the Services or Forums shall be final and binding arbitration. The arbitration shall be conducted under the rules of the ICC International Court of Arbitration ("ICA"). To the fullest extent permitted by law: (a) no arbitration under these Terms shall be joined to any other arbitration; (b) no class arbitration proceedings shall be permitted; (c) no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and Heileson); and (d) no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and Heileson). You and Heileson must commence an arbitration by filing a demand for arbitration with the ICA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period (if applicable law prohibits a one year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law). Both parties will be responsible for their respective arbitration fees.
12. Feedback.
Heileson does not accept unsolicited feedback, suggestions or other information about the Services or other aspects of its business. If you provide Heileson with feedback or other ideas, you agree that Heileson is free to use any feedback provided by you for any purpose (without compensation to you), including, without limitation, improving its products and services and creating derivative products.
13. General.
These Terms, along with the Privacy Policy (below), and any other privacy policy applicable to the specific Services you are using, constitute the complete and final agreement between Heileson and you with respect to your use of the Services and may not be modified by you except in a writing duly signed by you and an authorized representative of Heileson. You agree that your breach of these Terms will cause Heileson immediate and irreparable harm and Heileson will be entitled, notwithstanding the arbitration clause set forth in Section 11 above, to seek injunctive relief without the necessity of posting bond. Heileson and you are independent parties and nothing in these Terms creates an employment or agent relationship. If any provision herein is held to be unenforceable, such provision shall be reformed in that matter only to the extent necessary to make it enforceable, and shall not affect the enforceability of the remaining provisions. The failure of either party to enforce any right or provision in these Terms will not constitute a waiver of such right or provision.
Heileson may make changes to the Services, these Terms, or its Privacy Policy from time to time. Heileson will use reasonable efforts to provide you with notice of any material changes. All such changes will become effective immediately upon notice and/or posting. If any of these changes are deemed invalid, void, or for any reason unenforceable, that change will be deemed severable and will not affect the validity and enforceability of any unchanged portions of the Services, these Terms, or the Privacy Policy. Heileson may transfer or assign the Services, these Terms, or the Privacy Policy, in whole or in part, to any third-party of Heileson’s choosing. These Terms will inure to the benefit of and be binding upon Heileson’s respective successors and assigns.
Privacy policy
Last updated: July 24, 2024
Jeffery Scott Heileson ("Heileson" or "we," "us," "our") is an individual sole proprietor that designs and develops mobile games (collectively, the “Games”). With this Privacy Policy, we aim to explain how and why we gather, store, share, and use your personal data in a manner consistent with the laws of the countries where we do business.
This Privacy Policy applies to websites, mobile applications, our marketing and advertising activities related to The Burning Hotel Game app on all platforms, and other services that we may provide to you from time to time (collectively, the "Services").
Heileson is the controller of the personal data we hold about you in connection with your use of the Services. This means that we determine and are responsible for how your personal data is used. Under this Terms of Service & Privacy Policy, your personal data shall be processed in order to provide the Services once you download our mobile applications, access and/or play our games, or interact with our Services.
Collection of information
Personal Data Collected Directly from You
Heileson processes your personal data in order to provide the Services by downloading, accessing and/or playing our games or using our other Services. Most of this data comes directly from you. We collect the following information you provide in connection with our Services:
Information collected via our customer support channels: when you interact with us via our customer support provider, we ask you to provide your username and email, and any information you choose to provide to allow us to assist you like username, device brand and model, advertising ID, transaction records or device language.
Information you provide when using the Games: when you play the Games, we may ask you to choose a username.
Feedback and ratings you provide relating to our Services.
We use this data to provide our games and Services to you, including optimizing our Services, customization of in-game offers and verifying purchases. We may also use it for the other purposes set out in this Privacy Policy.
Information we collect automatically through the Services
We collect several different types of information for various purposes to provide and improve our Service to you, including:
Log Information: We log information about your use of the Services, including the type of device you use, the features you use, access times and your location based on your Internet Protocol ("IP").
Device Information: We collect information about the device you use to access the Services, including information about the device manufacture, device model, device's OS, time zone of device, language of device.
Device identifiers: We collect online identifiers of the device you use to access the Services, including IDFA, Google Ads ID, Google Play Account ID.
Usage Information: We collect information relating to your use of the Services, including your game progress, scores, achievements and interactions with other players.
Consumption information: We collect information about your consumption habits relating to your use of the Services, including which purchases you make with both virtual and real currencies and the reception of virtual goods in-game.
Information we collect from third-parties
If you log into the Services using a third-party site or platform such as Facebook, Apple Game Center and Google Sign-In, we access information about you from that site or platform, such as your screen name, profile information and friend lists, in accordance with the authorization procedures determined by such third-party site or platform provided that you have given the third-party site in question such consent.
You can learn more about how such third-party sites or platforms process your personal data in the relevant privacy policy:
Game Center: https://www.apple.com/legal/internet-services/itunes/gamecenter/
Google Play Games: https://policies.google.com/privacy
If you log into the Services using a third-party site or platform, you represent and warrant that your access and use of such features in connection with the Services will comply with the applicable terms and policies of such site or platform; and that you are over the minimum age limit that is prescribed for such third-party site or platform by the legislation in the individual jurisdictions.
Use of information - purpose and legal basis
We use information about you for the following purposes in accordance with the legal bases for each type of personal data as described below:
To provide and maintain the Services and the game experience;
To enable us to provide our games (Services), to ensure that your purchases are activated in the games, and to provide you with player support if you need it;
To enable us to optimize our Services for you and for the device that you are using, as well as to deliver customized in-game events, offers and promotions;
To communicate with you regarding App-related information, including confirmations, technical notices, updates, security alerts and support and administrative messages;
To personalize and improve the Services and provide tailored content and features;
To respond to your comments and inquiries and provide customer support services;
To gather analysis or valuable information so that we can improve our Services;
To monitor and analyze trends, usage and activities in connection with the Services;
To detect, prevent and address technical issues and bugs;
To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information;
To enable players to communicate with each other in games or on our social media accounts;
To serve advertising;
To provide and deliver the products and services you request and send you related information.
We only process your information to the extent that is necessary to achieve the purposes for which the information has been collected.
Storage of information
Your Information is kept for as long as necessary in order to provide you with the Services or otherwise fulfill the purposes as described above unless further storage is required in order to establish, exercise or defend a legal claim or to comply with applicable law, including accounting rules.
Sharing of information
We disclose information about you to the following categories of recipients based on the legal bases under Sections 6(1)(b), 6(1)(c) and 6(1)(f) of the GDPR (see a description of the legal bases above):
Third parties if we are required to disclose your personal data by applicable law, rule, regulation, legal process or in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company;
The authorities if we believe your actions are inconsistent with the spirit or language of our policies or if the disclosure is necessary to protect the rights, property and safety of Heileson or others;
Other players in order to provide certain in-app features, such as leaderboards, if you log into the Services using a third-party service;
Furthermore, if you have given your consent in accordance with Section 6(1)(a) of the GDPR, we share your Device identifiers to advertising network companies for the purpose of them serving behavioral advertisements to you within the Services.
Children
Use of the Services is limited to users aged 13 years and above, except in European Economic Area, where the Services are limited to users aged 16 years and above. If you are accepting this Privacy Policy and using the Services, you warrant you are 13 (or 16, depends what is applicable) or more years old.
If you have additional questions about Heileson’s privacy practices related to children under the applicable minimum age, please contact us at info@watchistry.com.
Security
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Push notifications
We may send push notifications or alerts to your mobile device to provide game-related information, service updates, promotional communications and other related messages, if you have agreed to such notifications. You can deactivate these notifications by changing your notification settings on your device.
Payments
We may provide paid products and/or services within the Services. In that case, we use third-party services for payment processing (e.g. payment processors).
We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
The payment processors we work with are:
Apple Store In-App Payments. Their Privacy Policy can be viewed at https://www.apple.com/legal/privacy/en-ww/
Google Play In-App Payments. Their Privacy Policy can be viewed at https://policies.google.com/privacy
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Heileson may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT HEILESON IS NOT REQUIRED TO PROVIDE A REFUND OR ANY REASON THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL RESOURCES WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Your Rights
If you are based in the EEA, Switzerland, or are a legal resident of California in the U.S., you have certain rights in relation to your Information. For Californian residents, please refer to Addendum 1 – California Privacy Rights... For EEA, United Kingdom, Switzerland, and Brazil-based, you will find more information below on when which rights can apply. To exercise your rights, please email us at info@watchistry.com.com
Access: You have the right to access information and to receive an explanation of how we use it and who we share it with. This right is not absolute. For example, we cannot reveal trade secrets or give you Information about other individuals.
Erasure: You have the right to request deletion of your Information. We may need to retain some of your Information where there are valid grounds for us to do so under data protection laws. For example, for the defence of legal claims, respect freedom of expression, or where we have an overriding legitimate interest to do so, but we will let you know when this is the case. Note that where the Information is held by a third-party data controller, such as an advertising partner or a payment processor, we will use reasonable steps to inform them of your request, but we recommend you contact them directly in accordance with their own privacy policies to ensure your personal data is erased.
Objection and withdrawal of consent: You have the right to withdraw your consent where you previously provided such consent; or object to our processing of your Information where we process such Information based on our legitimate interests (see above under How we use your personal Information).
Portability: You have the right to receive a copy of the Information we process based on consent or contract in a structured, commonly used, and machine-readable format or to request that such Information is transferred to a third-party.
Correction: You have the right to correct any Information held about you that is inaccurate.
Restriction: You have a right, in certain circumstances, to stop us from processing Information other than for storage purposes.
Changes to this Privacy Policy
We may update this Privacy Policy from time to time, and we will post the updated Privacy Policy on this page. When we make changes to this Privacy Policy, we will change the date at the beginning of this Privacy Policy. If we make material changes to this Privacy Policy, we will notify individuals by email to their registered email address, by prominent posting on our Services, or through other appropriate communication channels. Any new policy will be effective from the date it is published by us.
Contact Us
If you have any questions about this Privacy Policy, would you like to learn more about why, how, and what Personal Data we use, or to request deleting it, please contact us at info@watchistry.com.