Terms of Service
Acceptance of These Terms of Service
If you do not agree with any of these Terms of Service, please do not use or access Mobigame, and if you do not agree to any changes we make in the future, you must terminate your registration with Mobigame. **
Access to Mobigame**
You are solely responsible to arrange and to pay for any service fees associated with your ability to access Mobigame as well as any other equipment necessary to connect to the Service. You are responsible for ensuring that your equipment, software and use do not disturb or interfere with our operation of the Service. In the sole discretion of Mobigame any equipment, software or other usage that may cause any interference with the Service shall result in immediate disconnection from the Service.
Eligibility, Membership and Termination **
Eligibility to Use Mobigame. In order to use Mobigame as a member or a visitor you must affirm that (i) you are able to understand, accept and abide by these Terms of Service; (ii) all registration information you provide will be accurate and truthful and you agree to update this information in a timely fashion; (iii) you are at least 16 years of age or older; and (iv) if you are not yet at least 16 years of age you are an emancipated minor or have consent of your parent or legal guardian. If you are not at least 16 years of age, unfortunately you cannot use Mobigame . Please speak to your parents or guardian about another service that may be appropriate for you.
Your Account and Information.**
Termination. Should you violate or breach these Terms of Service, Mobigame reserves the right, at its sole discretion and without notice, to suspend or terminate your membership, any and all content and information you may have provided and your ability to access any part of Mobigame. Users with suspended or terminated accounts are prohibited from creating new accounts on Mobigame. Even after termination of your account or access to Mobigame. provisions 5, 9, 10, 11 and 12 of these Terms of Service shall remain in effect.
Your Responsibility for Your Conduct.** You alone are responsible for your conduct on Mobigame and for all the content you provide. Content may be provided to and appear on Mobigame as text, graphics, images, audio, video, digital files, software or in other format (collectively, “Submissions”). Mobigame does not endorse any Submissions that may appear on or through the Service and makes no warranties, express or implied, as to their accuracy and reliability. Mobigame expressly disclaims any and all liability in connection with any and all such Submissions.
Your Responsibility for Your Safety. If you are 16 years or older, or are an emancipated minor, you alone are responsible for your physical and financial safety when you post information about yourself on Mobigame communicate with other members of the Mobigame community or otherwise access services provided by Mobigame. If you are under 18 years old and not an emancipated minor, both you and your parents or legal guardian are responsible for your physical and financial safety when you post information about yourself on Mobigame communicate with other members of the Mobigamecommunity, or otherwise access services provided by Mobigame. **
Member Disputes.** You are solely responsible for your interactions with other Mobigame members. Mobigame reserves the right, but has no obligation, to monitor disputes between you and other members, and to take any action that Mobigame in its sole discretion, deems appropriate including but not limited to terminating the member account of any or all parties to the dispute.
Intellectual Property Rights
When you provide Submissions to Mobigame, you still retain all of your rights of ownership in your Submissions. However, by uploading, posting or otherwise transmitting your Submissions on or to Mobigame you grant Mobigame (and its successors) a royalty-free, perpetual, irrevocable, transferable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use, as permitted by the Service and under these Terms of Service.
_Other than Submissions you provide to ___Mobigame all content, software, scripts, images, graphics, audio, video and other materials in any form (collectively, “ Mobigame Content”) are protected by copyrights, trade or service marks, patents or other proprietary rights and are owned by or licensed to Mobigame subject to intellectual property rights under United States and international laws and conventions. You understand and agree that all Mobigame Content is provided to you solely on an AS IS basis for your personal use only and may not be copied, reproduced, distributed, broadcast, displayed, sold, licensed or otherwise used or exploited for any purpose and in any manner without the prior written consent of Mobigame or the respective owners. Mobigame reserves all rights not expressly granted to you. If you download, print or display any Mobigame Content for personal use, you must retain all copyright and other proprietary notices. **
Content Submissions and Website Policies
Representations About Content You Provide.** When you provide any Submissions to Mobigame you understand and accept complete responsibility for your Submissions, including any and all consequences that may arise. As such, you represent and warrant that you:
• own or have secured all necessary licenses, rights, consents and permissions for such Submissions and authorize Mobigame to make use of these Submissions in the manner contemplated by the Service and these Terms of Service; and
• have explicit permission, such as a signed, written consent and/or release from every person that may appear within the Submissions for Mobigame to use the Submissions, including the names and likeness of those persons, in the manner contemplated by the Service and these Terms of Service. **
Prohibited Content Submissions.** You may not create a user name, post, upload, email or otherwise transmit to Mobigame Submissions of any kind that is, within the sole discretion of Mobigame determined to be commercial, illegal, offensive or potentially harmful to others including but not limited to content that:
• infringes upon the rights of any third party, including but not limited to copyrights, trademarks, patents, trade secret, design rights, moral rights or other third party proprietary rights, including privacy and publicity rights;
• promotes the infringement of copyright or other third party rights, e.g., providing a list of hyperlinks to websites that contain pirated software or media files, hacking/cracking, etc.;
• contains software viruses or any other malicious computer code, files or programs designed to interrupt, destroy or alter the functionality of any computer software or hardware or telecommunications equipment owned by another party;
• is offensive, abusive, threatening, harassing, stalking, promoting violence or racism or harm or hatred or bigotry against any group or individual;
• is libelous or defamatory or promotes information that you know is false or illegal;
• violates the privacy of others, including but not limited to posting the photograph of another person without that person’s consent;
• solicits information from anyone under 18;
• provides any telephone numbers, street addresses, last names, URLs or email addresses;
• is obscene, vulgar or contains profanity (whether or not such is masked, e.g. M*B);
• is pornographic or sexually explicit or contains nudity;
• exploits or attempts to exploit people in a sexual or violent manner;
• disparages Mobigame or any third party;
• is or contains an advertisement, a marketing initiative, solicitation of a business, or otherwise significantly connected with any commercial purpose;
• involves the transmission of any unsolicited mass mailing including but not limited to “junk mail”, “chain letters” and “spam”;
• contains restricted or password only access pages;
• contains video media or files that are longer than 10 minutes in duration or audio media or files that are longer than 30 seconds in duration;
• sells, promotes or encourages the use of beer or hard alcohol, tobacco or related products, prescription drugs, narcotics or drug paraphernalia, replicas or imitations of designer goods, weapons (including firearms, ammunition, brass knuckles, throwing stars, knives, etc.), gambling or casino-related content;
• is unlawful or illegal, criminal or tortuous in nature (such as child pornography, fraud, gambling);
• is otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. **
Website Policies.** In addition, agree to adhere to all of the following guidelines and requirements:
• No Commercial Use. The Service is only for personal use of its members only and may not be used in connection with any commercial endeavors unless explicitly approved by Mobigame in writing. You may not place or transmit commercial advertisements, affiliate links or any other forms of solicitation on Mobigame including within personal member profiles, without explicit written authorization of Mobigame;
• No Data Harvesting or Mining. You may not perform or cause to be performed any automated system, including but not limited to “robots”, “spiders”, “offline browsers” or any other data harvesting activity or screen scraping, nor may you cause more requests to be made of the Service than could reasonably be made by a human manually operating a web browser;
• No Unsolicited Mailing or Marketing. You may not post, upload, email or otherwise transmit to or otherwise cause Mobigame to email, transmit or otherwise distribute chain letters, surveys or studies, solicitations, junk mail, pyramid schemes, incentives (monetary or click-based), spimming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes.;
• No Solicitation or Provision of Personal Information. You may not use the Service in connection with any effort to solicit passwords or personal information from any user of the Service under the age of 16, or to obtain any telephone numbers, street addresses, last names, URL’s or email addresses;
• No Impersonation or Fictitious Profiles. You may not impersonate any other person or entity (whether actual or fictitious), otherwise create a profile that provides any fictitious or false information, including but not limited to a false age, or falsely represent an association with another person or entity without the explicit authorization of such person or entity;
• No Sale or Transfer of Profiles. You are strictly prohibited from selling or otherwise transferring your profile; and
• No Unauthorized Linking or Framing. Should you wish to link to Mobigame you agree that you: (i) will not replicate the Service’s content; (ii) will not frame or border environment around any of the Service’s content; (iii) will not misrepresent any relationship with Mobigame or imply that Mobigame is connected to or endorses your products, services or other offering; (iv) will not have disparaging content or misinformation about Mobigame on the linking website or source; (v) will ensure the linking website will not contain any content that is unlawful, may be reasonably considered defamatory, vulgar, pornographic, or in derogation of Mobigame ‘s own content submissions policy. Despite these prohibitions, Submissions and/or websites that link to Mobigame that may violate these Terms of Service may be available on the Service and Mobigame assumes no responsibility or liability. If you become aware of such Submissions, please contact Mobigame by clicking the “Report Abuse” link on the appropriate web page. **
Violations of Intellectual Property Rights and Terms of Service
Provided with proper notification and documentation, Mobigame will remove any Submission that infringes upon the intellectual property rights of another and reserves the right to remove any Submission without prior notice. ** Mobigame ** assumes no responsibility for monitoring the Service. In the event ** Mobigame ** chooses to review any Submission (such review is solely within ** Mobigame ** s discretion), ** Mobigame ** assumes no responsibility for the Submissions or any obligation to remove any inappropriate Submissions or any responsibility for the conduct of a member submitting inappropriate Submissions. At its sole discretion, ** Mobigame ** may remove any Submission and/or terminate a member’s account for violating any of these Terms of Service at any time and without notice. Mobigame will terminate a member’s account who is determined to have been notified of infringing activity multiple times and/or has had a Submission removed from the Service multiple times for infringing activity . Mobigame reserves the right, but not the obligation, to take any appropriate legal action for any illegal or unauthorized use of the Service or violation of the Terms of Service.
Claims of Copyright Infringement**
If you believe in good faith that any material provided through the Service infringes upon your copyright, you may send notice to Mobigame requesting that the material or access to the material be removed, pursuant to the Digital Millennium Copyright Act (“DMCA”), by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) and http://www.loc.gov/copyright for further details). The notice must include all of the following:
1. an electronic or physical signature of the copyright owner or person authorized to act on behalf of the copyright owner;
2. sufficient identification of the allegedly infringing material;
3. sufficient information as to the location of the allegedly infringing material so that it may be found and identified;
4. the complainant’s name, address, telephone number and, if possible, email address;
5. a written statement by the complainant of a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6. a statement by the complainant, under the penalty of perjury, that the information in the notification is accurate, and under penalty of perjury, that the complainant is the owner or is authorized to act on behalf of the owner of the copyright that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send Mobigame a counter-notice. All notices with respect to Mobigame should be sent to the Mobigame Copyright Agent. Mobigame suggests that you consult your legal advisor before filing a notice or counter-notice. You expressly acknowledge and agree that Mobigame shall not be liable to you under any circumstances for declining to replace material. Also, be aware that there can be penalties for false claims under the DMCA.
Any request, feedback or comments should be sent directly to Mobigame: firstname.lastname@example.org
Disclaimer Of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MCDS, ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (HEREINAFTER “MCDS NV”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
MCDS NV MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED ON OR VIA THE SERVICE AND MCDS NV ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS OR INACCURACIES OF CONTENT OR SUBMISSIONS, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION THAT MAY BE CONTAINED THEREIN, (IV) ANY DELETION OF DATA OR INTERRUPTION OR DISCONTINUENCE OF TRANSMISSION TO OR FROM OR THROUGH THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, MALICIOUS CODE OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY USER OR THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR SUBMISSIONS THAT MAY BE UPLOADED TO OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.
MCDS NV IS NOT RESPONSIBLE FOR ANY CONTENT OR TRANSACTIONS THAT IS CONTAINED OR MAY BE AVAILABLE OUTSIDE THE SERVICE. MCDS NV MAKES NO REPRESENTATIONS, WARRANTEES, GUARANTEES OR ANY ENDORSEMENTS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY PRODUCTS, SERVICES OR OTHER OFFERINGS THAT MAY BE ADVERTISED OR MADE AVAILABLE BY A THIRD PARTY THROUGH THE SERVICE OR WHICH MAY BE LINKED TO THE SERVICE SUCH AS IN ADVERTISING OR A SUBMISSION. ACCORDINGLY, MCDS NV WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION THAT MAY OCCUR BETWEEN YOU AND SUCH THIRD PARTIES AND YOU SHOULD ALWAYS USE PRUDENT JUDGMENT AND READ THE PRIVACY POLICIES ON WEBSITES OF SUCH THIRD PARTIES.
MCDS NV reserves the right to change any and all content, software and other items used or contained at Mobigame and any services and applications offered through the Mobigame site at any time without notice. **
Limitation of Liability**
IN NO EVENT SHALL MCDS NV BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE IN ANY MANNER, EVEN IF MCDS NV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MCDS NV FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. YOU SPECIFICALLY AGREE AND UNDERSTAND THAT MCDS NV IS NOT LIABLE TO YOU FOR ANY SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT YOU ALONE ACCEPT SUCH RISK OF HARM. **
You agree to defend, indemnify and hold harmless the MCDS NV from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service. **
General and Miscellaneous**
You agree that the Service provided by MCDS NV shall be deemed solely provided and based in Curacao, and that the Service shall be deemed a passive online site that does not give rise to personal jurisdiction over MCDS NV, either specific or general. Any dispute that arises between you and MCDS NV shall be governed by the laws of Curacao, without regard to conflict of law provisions, and you agree to exclusive personal jurisdiction and venue. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MCDS NV without restriction. Should any provision of these Terms of Service be invalidated by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No presumptions shall be made against the drafter of this agreement. These Terms of Service, together with the Privacy Notice and any other legal notices published by MCDS NV on the Service, shall constitute the entire agreement between you and MCDS NV regarding the Service. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and MCDS NV’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND MCDS NV AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Please contact us at MCDS NV should you have any questions regarding these Terms of Service.
Ombudsman Services: Communications
Communications and Internet Services Adjudication Scheme’ (CISAS)