Terms and Conditions
Introduction
The Terms and Conditions ("Terms") form a legal agreement between Mobivatar Interactive Technologies Private Limited its subsidiaries and affiliates (collectively, "Mobivatar", "we" or "us") and you ("you", with you and other users of the Service referred to as "Users") and applies to your use of any of Mobivatar’sgames or mobile applications (“Games”), its sites, software, products and services, on all electronic devices (web, mobile, tablet and any other device) and including our online store (“Web Store”) (collectively, the "Service" ).
Please review the Terms carefully. They include a provision waiving the right to pursue any class, group or representative claim and requiring you to pursue certain disputes through individual arbitration unless you opt-out within the specified time frame. See Section 20 for more information. BY ACCESSING THE SERVICE OR CREATING AN ACCOUNT WITH US, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT INSTALL, CONNECT TO, ACCESS OR USE (OR CONTINUE TO USE) THE SERVICE.
1. Eligibility
All Mobivatar Services are available to individuals who are the greater of eighteen (18) years of age or the age of legal majority in your jurisdiction. By using the Service, you represent that you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Service in accordance with these Terms, and to fully perform your obligations hereunder.
We reserve the right to request proof of age at any stage. We may block or request parental consent if we suspect you are under the applicable age.
You also may not open an Account or use the Service if you previously have been removed by Mobivatar or otherwise have been prohibited by us from using the Service.
2. Your Account
In order to access or use some of the features of the Service, you may be required to register by opening an account ("Account") or by signing in via a third-party tool (such as Facebook, Google, Apple) ("Third Party Tool"). If you open an Account, you may be required to provide details and select a password or to otherwise allow us to access your account
Information through a Third Party Tool ("Login Information"). You must safeguard and not disclose your Login Information and you must supervise the use of such Account. You will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you. In the event you become aware of or reasonably suspect any breach of security, including any loss, theft or unauthorized disclosure of your Login Information or unauthorized access to your Account, or otherwise discover security or vulnerability issues related to the Service you must immediately notify us at info@mobivatar.com and modify your Login Information. Note that should you choose to create your Account using any Third Party Tool, certain User data that you either provide us or that is accessed through such Third Party Tool (subject to the terms and conditions applicable to such third party), including your User name and photo, may be published on your User profile and may be made available to other Users.
You must provide accurate and complete information when creating an Account, and to update your information (including any contact information) promptly upon any change. You also agree not to misrepresent your identity or age to open an Account on behalf of someone other than yourself.
You undertake to monitor your Account and to restrict use by anyone who is not an eligible User. You accept full responsibility for any use of the Service using your Login Information, including any use of your credit card or other payment instrument.
We reserve the right to remove or reclaim any username at any time and for any reason, including in case of claims by a third party that a username violates any third party's rights or otherwise violate these Terms. We also reserve the right to take other actions in connection with your Account when necessary to investigate or resolve technical issues or other problems related to the Service.
If you wish to terminate or close your Account, you may do so by contacting us atinfo@mobivatar.com. Your Account will be terminated and removed within a reasonable timeframe following our receipt of your written request, and from the date of termination you will no longer be able to access your Account, including any Virtual Items or other Games Content (both terms as defined below) associated therewith.
3. Platform Provider Rules
In the event that you are using the Service through a third-party website or application, social network, platform or store ("Platform"), you must comply with the terms of use or services of such Platform (the "Platform Terms"), in addition to these Terms, and the Platform's privacy policy will apply to any of your interactions with the Platform. The Platform Terms are incorporated into these Terms by reference such that a violation by you of the Platform Terms shall be deemed a violation of these Terms. In the event of a conflict between these Terms and the Platform Terms, the Platform Terms shall control solely to the extent the conflict relates to the rights or obligations of the Platform and not of us.
If you have downloaded the Service from the Apple, Inc. ("Apple"), App Store or if you are using the Service on an iOS device, you acknowledge that you have read, understood and agree to the following notice regarding Apple. This Agreement is between you and Mobivatar only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Service infringes that third party's intellectual property rights. You agree to comply with any applicable third-party terms, when using the Service. Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
4. Virtual Items and Game Play
In the course of using the Service you may win, earn or alternatively purchase, with real-world money, certain game credits or prizes, virtual play money coins, tokens, points and virtual in-game items ("Virtual Items").
You are not obligated, at any time, to purchase any Virtual Items. You understand that you have no right or title in the Virtual Items appearing or originating in any Game, whether "earned" in a game or "purchased", or in any other attributes associated with an Account or stored on the Service. Virtual Items are licensed to you by us for your personal use in the game. You may not purchase or sell Virtual Items outside the Service, or attempt to sell in the "real world" anything that appears or originates in the Service at any time. Any such attempted sale shall be null and void and may result in termination of your Account and legal action taken against you. You may trade Virtual Items within a Game, but only where expressly permitted by Game rules and never for any real-money consideration. Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Items with the Service, you have no right or title in or to any such Virtual Items. We retain the right to manage, regulate, control, modify and delete Virtual Items at our sole discretion, and we shall have no liability to you or anyone for the exercise of such rights. We may selectively remove or revoke your license to use or associate Virtual Items with your Account without notice at our sole discretion. Prices and availability of Virtual Items are subject to change without notice.
Virtual Items may only be held by legal residents of jurisdictions where access to and use of the Games are permitted. Virtual Items may only be purchased or acquired from us through our Web Store or through the applicable Platform (such as Google Play Store or Apple App Store). We reserve the right to refuse your request to purchase or acquire Virtual Items for any reason. When you purchase Virtual Items, they will reside in your Account until discharged through use of the Service, unless removed or revoked by us.
When purchasing Virtual Items, you agree to pay the applicable charges for your purchase, including applicable taxes, through the applicable store. If your transaction with our payment processing partners is not successful then your purchase will not be fulfilled. Upon the completion of a successful payment transaction then your purchase will be fulfilled to you as soon as possible – we will endeavor to fulfill your order immediately at the point of purchase.
If you do not connect the Games on a device to your Account (directly or through your social network account), then we will not be able to restore any Virtual Items (whether purchased by, or otherwise credited or awarded to you) or other data associated with your Game play to a different device (including if you lose that device or it is damaged). We will not be liable for any loss or deletion of Virtual Items, whether purchased by you or granted by us without making a purchase, or of any data associated with your play of the Games, from a device not connected to an account
5. Refunds for Purchases of Virtual Items and Billing Discrepancies
Purchases of Virtual Items are final and are not refundable, transferable or exchangeable unless stated otherwise at our discretion. Requests for refunds should be made to the Platform through which they were purchased or, if made through our Web Store, to info@mobivatar.com .
Purchases made through a Platform are additionally subject to Platform rules governing refunds and returns.
For purchases through our Web Store Only: Residents of the European Economic Area, United Kingdom and Switzerland who make purchases through our Web Store may seek refunds for up to fourteen (14) days after purchase, but only in case none of the Virtual Items purchased in the relevant transaction have been used in the relevant Game and only if they discontinue all play of the relevant Game from the purchase of the relevant Virtual Item until the refund request has been processed. We will process the refund request as expeditiously as we are reasonably able.
1. You agree to notify us about any billing problems or discrepancies within 30 days from the date of your purchase. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and any other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted or that were authorized or accepted using your Login Information (even if not authorized by you). You understand that we may suspend or terminate your Account if for any reason a charge that you authorized or that was authorized using your Login Information cannot be processed or is returned or unpaid, and if such event occurs, you shall immediately remit to us payment for such charge through any payment method. In the event your Login Information has been compromised, please notify us immediately and we will use commercially reasonable efforts to reverse any unauthorized charges. If the compromise results from our negligence or breach of these Terms, then we will reimburse you for any resulting loss, provided that you have timely notified us (as required by this paragraph) of the charge.
6. Rewards
Virtual Items that you are awarded without purchase (“Rewards”) will expire if not collected within specified days. Specified days can vary depending on the nature of the rewards. Rewards are generally collected automatically once awarded unless the User stops collection from occurring. If any special or affirmative action is required to collect a Reward, the User will be so advised.
7. Subscription Services
Certain Games may be offered on a subscription basis. You will be advised of the price, duration and all applicable terms before purchase. You will be notified prior to any renewal of the amount and date of the upcoming renewal payment both within the relevant Game and at the email you maintain as part of your Account information. You can cancel your subscription by following the instructions within the Game. Unless otherwise stated, cancelations will take effect at the end of the then-current term.
8. Intellectual Propertyand Licenses
Mobivatar retains any and all rights in the Service (including applications, software, computer codes, themes, objects, characters, character names, animations, stories, concepts, designs, graphics, content, materials, texts, information, pictures, logos, video, recording, games, titles, sound, music, audio-visual effects, methods of operations, moral rights, documentations, character profile information and other files, and their selection and arrangement) (collectively, "Games Content"), and all intellectual property rights or other proprietary rights in connection therein and the foregoing together with any and all upgrades, updates, enhancements, improvements, modifications and derivative works are owned, controlled and licensed by Mobivatar. The Service and all Games Content are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.
9. Web Store Copyright Notice
Our Web Store utilizes certain open source software code, which is governed by additional terms available here. In the event of conflict between these Terms and those additional terms, those additional terms control solely to the extent necessary to eliminate the conflict and solely with respect to the Web Store, not other aspects of the Service
10. User Feedback and Your License to Us
It is understood that you may, at your sole discretion, provide Mobivatar with suggestions, comments or feedback with respect to the Service (collectively, "Feedback"). You represent that you are free to do so and that you shall not provide Mobivatar with Feedback that infringes upon third parties' intellectual property rights. You further acknowledge that notwithstanding anything herein to the contrary, any and all rights, including intellectual property rights in such Feedback, shall belong exclusively to us. It is further understood that use of Feedback, if any, may be made by Mobivatar at its sole discretion, and that Mobivatar in no way shall be obliged to make use of any kind of the Feedback or part thereof. Furthermore, you warrant that your Feedback is not subject to any license terms that would purport to require Mobivatarto comply with any additional obligations with respect to any Mobivatarcurrent or future products, technologies or services that incorporate any Feedback
