Last Updated: January 12, 2020
This is a legal agreement between you and MobArts Ltd. (“MobArts” “we” “us” “our”). Please read this MobArts End User License Agreement (this “Agreement”) carefully before purchasing, downloading, accessing, or using any of our games and any updates to our games.
BY PURCHASING, DOWNLOADING, ACCESSING, OR USING THE GAME SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
1. Limited Use License
THE GAME SOFTWARE IS LICENSED – NOT SOLD.
Subject to your compliance with this Agreement, we hereby grant you a non-exclusive, non-transferable right and license to install, execute, and use a single production instance of the Game Software that we make available to you solely for your personal and non-commercial use. We reserve all rights in and to the Game Software that we do not expressly grant you in this Agreement.
2. Ownership of Game Software
Except for the license we grant you in Section 1 above, all right, title, and interest in and to the Game Software, and any and all intellectual property rights embodied in the Game Software, are owned by MobArts or our licensors. The Game Software is protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved.
3. Acceptable Use of Game Software
You are responsible for your use of the Game Software, and for any use of the Game Software made using your account. Our goal is to create a fun and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Game Software or otherwise interact with us (e.g. customer service), you MUST NOT:
violate any law or regulation;
violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
exploit the Game Software or any of its parts commercially;
use the Game Software, or permit use of the Game Software, or make the Game Software available for use in a network, multi-user arrangement, remote access arrangement, including where it could be downloaded by multiple users;
sell, rent, lease, license, distribute, or otherwise transfer this Game Software or any copies;
post or share anything, or act in a manner, that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable in our discretion;
send unsolicited or unauthorized advertising or commercial communications, such as spam;
transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
stalk, harass, or harm another individual;
impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
attempt to remove, disable, or circumvent any security measure or proprietary notices contained on or within the Game Software;
attempt to reverse engineer, derive source code, modify, decompile, disassemble, copy, or create derivative works of the Game Software, in whole or in part (except as the applicable law expressly permits, in which case all and any modifications shall belong to, vest in, and be the exclusive property of MobArts on creation);
export or re-export the Game Software or any copy of it in violation of any applicable laws or regulations, including applicable United States export control regulations regarding U.S. embargoed countries or denied persons; and/or
advocate, encourage, or assist any third party in doing any of the foregoing.
Without limiting any of our other rights or remedies, we reserve the right to suspend or terminate the account or refuse customer service to anyone who, in our opinion, has violated the spirit or letter of this Section (“Acceptable Use of Game Software”).
4. User Content
The Game Software may allow you to upload, submit, store, send, or receive content and data (“User Content”). By way of example, User Content includes your original content that you upload or contribute to Game Software, such as comments, images, audio, media, virtual items, puzzles, and other game elements, for your own use of the Game Software or for other player’s use of the Game Software. You retain ownership of any intellectual property rights that you hold in that User Content. When you upload, submit, store, send, or receive User Content to or through the Game Software, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Game Software), publicly perform, publicly display, and distribute your User Content. This license is for the limited purpose of operating, promoting, and improving the Game Software, and to develop new Game Software, products, and services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Game Software. In general, however, we will only need to use your User Content for as long as you choose to store it with us using the Game Software. You promise that:
you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and
your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Game Software for any reason.
7. Changes to the Game Software
We enhance and update the Game Software often. We may change or discontinue the Game Software at any time, with or without notice to you.
We can terminate this Agreement if you breach any of the terms. You can terminate this Agreement at any time by uninstalling the Game Software. If this Agreement is terminated for any reason, you will no longer have any of the rights to the Game Software set forth in this Agreement. Some of the terms of this Agreement will survive termination, including “Ownership of Game Software,” “Disclaimer and Limitations on Our Liability,” “Indemnification,” “Arbitration Agreement and Waiver of Certain Rights,” and “Other Provisions.”
9. Disclaimer and Limitations on Our Liability
YOU USE THE GAME SOFTWARE AT YOUR OWN RISK. THE GAME SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
IN PARTICULAR, OUR COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE GAME SOFTWARE, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE GAME SOFTWARE. OUR COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (ii) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE GAME SOFTWARE; (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (iv) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE GAME SOFTWARE; (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE GAME SOFTWARE BY ANY THIRD PARTY; OR (vi) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE GAME SOFTWARE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THIS AGREEMENT, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.
You understand and agree that we have set our prices and entered into this Agreement with you in reliance upon the limitations of liability set forth in this Agreement, which allocate risk between us and form the basis of a bargain between us.
You agree to indemnify and hold harmless our company and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of this Agreement by you or anyone using your user account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
11. Changes to this Agreement
From time to time, we may change this Agreement. If we change this Agreement, we will give you notice by posting the revised Agreement on our website or by other reasonable means. Those changes will go into effect on the “Last Updated” date shown at the top of this Agreement. By continuing to use the Game Software, you are agreeing to be bound by the revised Agreement.