Effective Date: April 6, 2018
YOU ALSO REPRESENT THAT YOU ARE AGE 13 OR OLDER AND YOU UNDERSTAND AND AGREE TO THESE TERMS OF SERVICE. CHILDREN UNDER 13 MUST HAVE THEIR PARENTS CONSENT TO USE THE SERVICE. IF YOU ARE 17 YEARS OR YOUNGER YOU REPRESENT THAT YOUR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE TERMS.
USE OF THE SERVICE
Your License to Use the Service. Mogol Games grants you a non-exclusive, non-transferable, non-sub-licensable, revocable limited license subject to the express terms herein to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
Restrictions on your use of the Service. The following restrictions apply to your use of the Service. Mogol Games reserves the right to determine what conduct it considers to be in violation of these restrictions or otherwise outside the intent of these Terms of Service. Mogol Games reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service.
You will not:
Payment of Fees. You agree to pay all fees and applicable taxes, if any, incurred by you or anyone using the Service through your login information. Mogol Games may revise the pricing for the Services at any time. YOU ACKNOWLEDGE THAT MOGOL GAMES IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS, IF ANY, WHEN THE SERVICE IS TERMINATED.
Service Monitoring. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service when you are using the Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning your use of the Service.
Public Forums. The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Mogol Games cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Mogol Games will have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
User Generated Content. You are solely responsible for any information that you post on, through or in connection with the Service (“User Content”). User Content may include any communications, images, sounds, and all the material, data, and information that you upload or transmit through the Service. By transmitting User Content while using the Service you agree that such User Content is: (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; and (c) free of viruses, adware, spyware, worms or other malicious code. Mogol Games may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Mogol Games violates these Terms of Service.
Virtual Currency and Digital Content. Mogol Games may offer for purchase virtual coins, chips or other virtual currencies (“Virtual Currency”). By purchasing Virtual Currency you obtain a limited license to access and select from content that Mogol Games makes available through the Service (“Digital Content”). Virtual Currency has no monetary value and does not constitute real currency or property of any type. Virtual Currency may be redeemed for Digital Content only. Virtual Currency cannot be sold or transferred, and cannot be exchanged for cash or for any other goods and services, except for the Digital Content. Virtual Currency is non-refundable and as such you are not entitled to a refund for any unused Virtual Currency. Mogol Games does not guarantee that any particular Digital Content item offered as part of this Service will be available at all times or at any given time. Once you have redeemed Virtual Currency for Digital Content, that content is not returnable, exchangeable, or refundable for Virtual Currency or for cash, or any other goods or services. The term of your Virtual Currency and Digital Content license starts when you purchase the Virtual Currency or acquire the Digital Content, and subject to the license grants set forth herein, ends the day that your access to the Service is cancelled, suspended or terminated.
CHANGES TO THE TERMS OF SERVICE
LOGIN INFORMATION AND SECURITY
You may access the Service by registering for the Service with via Facebook Connect (or other authorized network registration tools) (“Login Information”). You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through the Service using your Login Information. The Service will only support only one per game on a supported device for each unique Login Information.
Service. All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using the Service) are owned by Mogol Games. Mogol Games reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE SERVICE, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE SEVICE ARE AND WILL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF MOGOL GAMES.
User Content. You hereby grant to Mogol Games an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content, as well as all modified and derivative works thereof in connection with the Service. You further hereby grant to Mogol Games the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material that is specifically included in any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Except as expressly set forth herein, Mogol Games does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. Mogol Games has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
Digital Content. When you acquire Digital Content, you receive a limited license to use Digital Content for your personal non-commercial in connection with the Service. Mogol Games reserves all right, title and interest in Digital Content and all associated copyrights, trademarks, and other intellectual property rights therein. You may not remove, alter, or obscure any identification, copyright, or other intellectual property notices in the Digital Content.
THIRD PARTY ADVERTISING
This ad serving technology is integrated into the Service. IF YOU DO NOT WANT TO USE THIS TECHNOLOGY, DO NOT INSTALL OR USE THE SERVICE.
DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. MOGOL GAMES DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING, THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATIONS ON LIABILITY
MOGOL GAMES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MOGOL GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOGOL GAMES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO MOGOL GAMES IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO MOGOL GAMES DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND MOGOL GAMES’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH MOGOL GAMES IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Mogol Games may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Mogol Games’ liability will be the minimum permitted under such applicable law. NOTHING IN THESE TERMS OF SERVICE WILL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF MOGOL GAMES.
You agree to indemnify, defend and hold Mogol Games harmless from any claim, demand, damages or other loss, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service or any breach by you of these Terms of Service.