TERMS OF SERVICE
Whenever you use the Services, you agree that these Terms of Service will control the relationship between you and Company, as defined below. If you do not agree to all the terms and conditions, you must not use our Services.
• Account — Any account provided by Company that you create to access certain Services.
• In-App Purchases - Non-Virtual Goods available for purchase through the Services. Including, but not limited to remove ads, infinite lives, or full upgrade.
• Company – Company refers to MochiBits, LLC and its subsidiaries. Company does not include browsers or devices, operating systems, platforms, app stores, advertisers, brands, third parties, service providers, analytics companies, ad tech companies, or similar organizations that are not controlled by company and tend to have their own terms of service and/or privacy policies.
• IP right — Any intellectual property right, including but not limited to any copyright, trademark, patent, trade secret, industrial design right, database right, software, idea, concept, method, invention, Content, Item, or combinations thereof.
• Service or Services — Any game, website, and other related services offered by Company.
• Terms of Service or Terms — These terms of service
• Virtual Goods— Digital material Company may make available under certain restrictions. Including, but not limited to gold, gold coins, and coins.
• OWNERSHIP AND LIMITED LICENSE — SERVICES LICENSED NOT SOLD
• Ownership. All rights, title and interest in and to the Services (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 a Company game client, and the Company game clients and server software) are owned or licensed by Company. Company reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
• License. Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Company policies, Company grants you a non-exclusive, non-transferable, revocable limited license, subject to the limitations in these Terms, to access and use the Services for your own non-commercial entertainment purposes. You agree to not use the Services for any other purpose.
• License Limitations. Any use of the Services in violation of these License Limitations is strictly prohibited, and may result in the immediate revocation of your limited license and may subject you to liability for violations of law. Further, we may delete accounts that are deemed inactive. "Inactive" will be defined by Company based on average usage of the Services from other users.
You acknowledge you will not directly or indirectly:
• Partake in any activity or action that Company deems to be against the spirit or intent of the Services;
• Copy, distribute or reproduce any Service or related content;
• Attempt to harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, or Company itself. This includes any inappropriate, profane, threatening, hateful, defamatory, excessive, harassing, or offensive comments or actions towards another person or group or contribution to another person or group engaged in such an attack, including but not limited to, statements or actions against a race, sexual orientation, religion, heritage, disability, nationality, gender, age, or class. We want all users to feel welcome;
• Initiate, assist, or become involved in any form of attack, disruption of the Service, or another person's use or enjoyment of the Service, including without limitation distribution of a virus, denial of service, or man-in-the-middle attacks upon the Service;
• Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Company employee;
• Attempt to gain unauthorized access to the Service or Accounts not belonging to you;
• Use robots, spiders, crawlers, or any other automated process to access, use, reverse engineer, or manipulate the Services, Accounts, In-App Purchases, or Virtual Goods of Company;
• Use or access the Service to obtain, generate, or infer any business information about Company or its affiliates, including but not limited to information about sales and revenue, staff, tech stack, or user metadata;
• Use exploits, unofficial cheats, bugs or errors, or undocumented features for any purpose, except to directly inform Company of these errors;
• Use the Service where it is prohibited by law.
• Your Account and Virtual Goods and/or In-App Purchases.
• No matter what else is said in these Terms or anywhere else within the Services, you have no right or title to the Account you create on our Service and your Account is not your property. Likewise, In-App Purchases and Virtual Goods, regardless of whether they were "earned" or purchased within the Services, are not your property. Your Account, any Virtual Goods, and any In-App Purchases are owned by Company and are licensed to you under the same rules as 2(a).
• Further, we may delete accounts that are deemed inactive. "Inactive" will be defined by Company based on average usage of the Services from other users. If you would like us to delete your account, please alert us at the email included at the end of the email.
• Any creation, use, or distribution or In-App Purchases or Virtual Goods are prohibited except as authorized by Company.
• USER CONTENT
• Company assumes no responsibility for the conduct of any user submitting any content created by users ("User Content"), including but not limited to messages, usernames, uploaded files and filenames, metadata, and customizations. Company further assumes no responsibility for monitoring the Service for inappropriate content or conduct. We are unable to pre-screen or monitor all User Content and we will not do so. Your use of the Service is at your own risk.
• When you transmit or upload User Content, you agree that all content will:
• Be accurate
• Be respectful and free of harassing, discriminating, or hateful content.
• Be free of any infringing materials, violations of laws or contractual restrictions, and violations of other parties’ rights
• Be free of viruses, adware, spyware, worms, phishing messages or other attempts of unauthorized access of any service by any company
• Be free of advertising, spam, promotional, and similar materials.
• You hereby grant Company a revocable, 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 our provision of the Service, including marketing and promotions of the Service. You hereby grant to Company the right to authorize others to exercise any of the rights granted to Company under these Terms of Service. You further hereby grant to Company the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with 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. Company 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. You agree that you can revoke this license only by sending notification to the email provided at the bottom of this Terms of Service.
• FEES AND PAYMENT TERMS
• Within the Services, you may purchase, with "real world" money, a limited license to use Virtual Goods and/or In-App Purchases. Company may manage, regulate, control, modify or eliminate all Virtual Goods and/or In-App Purchases at any time, with or without notice. Company shall have no liability to you or any third party if Company exercises any such rights.
• Virtual Goods or In-App Purchases purchased within the Services on other platforms such as Facebook, Apple iOS, or Android will be subject to those platforms' payment terms and conditions. Company does not control how you can pay on those platforms. Please review those platforms' terms of service for additional information.
• ALL SALES ARE FINAL AND YOU ACKNOWLEDGE THAT COMPANY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
• Unless modified or amended by Company, this agreement and its provisions shall remain in effect. Termination of any license granted by Company under this agreement does not affect any other provisions of this agreement.
• ACCOUNT ACCESS AND PERMISSIBLE ASSIGNMENT
• You warrant and represent that you: 1) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of yourself; 2) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of yourself and a minor age 13-17 for whom you are legally permitted to allow access to the Game; or 3) are a minor age 13-17 who has been authorized under the provisions of Section 6(c) below. If you are under 13 years of age (or under 16 years of age in EU countries where parental consent is required under the EU General Data Protection Regulation), you may not create an Account, use any part of the Services, or submit personal information through the Services.
• Each Account may only be used by one person. If a minor has been allowed access to an Account under Section 6(c) below, only that minor may use the Account thereafter. You may not make any assignment or transfer of rights, obligations or liabilities related to this agreement and any attempt by you to do so is null and void.
• If you are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of yourself and a minor age 13-17 for whom you are legally permitted to allow access to the Services, you can choose to allow use of your Account by that minor instead of yourself subject to the following provisions:
• You acknowledge, and further agree they are entering into an agreement with your consent;
• You acknowledge, and further agree you are responsible for all the provisions they have agreed to on your behalf;
• You acknowledge, and further agree, you are legally responsible for all actions of that minor, including but not limited to any payments, damages and/or liabilities related to the actions of that minor;
• In consideration for Company allowing access to the Game by a minor, and in addition to the provisions of Section 13 below, the foregoing adult hereby guarantees and agrees to pay for any and all liabilities of any nature whatsoever incurred under this agreement and to defend, indemnify and hold harmless Company with respect thereto.
• SERVICE AND AVAILABILITY
You acknowledge that
• Company may in its sole and absolute discretion provide subsequent versions, enhancements, modifications, upgrades or patches related to any part of the Service.
• Availability of the Service may be interrupted for reasons within or beyond the control of Company, and that Company cannot and does not guarantee you will be able to use the Services whenever you wish to do so.
• Company offers its Services in locations, times, and on operating systems and platforms in its sole discretion, and availability may be unavailable, prohibited, or discontinued at any time.
• Updates to the Services may affect game balance, characters, games, groups, customizations, and settings, including Virtual Goods.
• ADDITIONAL WARRANTIES AND REPRESENTATIONS BY YOU
YOU ACKNOWLEDGE THAT THE COMPANY AND COMPANY AFFILIATES ARE NOT LIABLE
(1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE; OR
(2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES.
THE RISK OF USING THE SERVICE RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICE.
TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICE, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF COMPANY AND/OR THE COMPANY AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID COMPANY AND/OR THE COMPANY AFFILIATE IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
IF YOU HAVE NOT PAID COMPANY OR ANY COMPANY AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH COMPANY AND/OR ANY COMPANY AFFILIATE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
YOU REPRESENT AND WARRANT THAT YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A UNITED STATES GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE UNITED STATES GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY; AND YOU ARE NOT LISTED ON ANY UNITED STATES GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.
Some states or countries do not allow certain warranties or the limitations/exclusions of liability described above. So these limitations/exclusions may not apply to you if you reside in one of those states or countries.
You acknowledge and agree that Apple Inc., and Apple Inc.’s subsidiaries, are third party beneficiaries of the Terms, and that, upon your acceptance of the Terms, Apple will have the right, and has accepted the right, to enforce the Terms against you as a third party beneficiary thereof.
• You agree to defend, indemnify and hold harmless Company, any third-parties under agreement with Company, any parent, subsidiary or affiliate of Company, and any employee, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, as well as any person using the Services and any person or entity that becomes aware of your use of the Services at any time, with respect to any and all claims, liabilities, injuries, damages, losses or expenses (including but not limited to attorney’s fees and costs) that arise under, from or in any way, directly or indirectly, relate to:
• Your failure to comply with any provision of this agreement;
• Your use of the Services, including but not limited to economic, physical, emotional, psychological or privacy related considerations; and
• Your actions to knowingly affect the Services via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used.
• You acknowledge, and further agree, that Company has no obligation to defend, indemnify or hold harmless you in any way related to this agreement including, but not limited to, your use of the Services, use of the Services by any person, or any connection between the foregoing and any other person or entity that becomes aware of your use of the Services at any time.
10. DISPUTE RESOLUTION
• Informal Resolution. With respect to the resolution of any controversy related to this agreement (hereinafter “Dispute”) you agree to try to resolve any Dispute informally for at least thirty (30) days before initiating any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency.
• Contact Information. Company can be reached at the following address:
4444 Los Feliz Blvd Apt 203
Los Angeles, CA 90027
• Mandatory Binding Arbitration. If you are not able to satisfactorily resolve a Dispute informally within a total of ninety (90) days or if Company, in its sole and absolute discretion, determines that it will not be possible to satisfactorily resolve that Dispute informally within a total of ninety (90) days, you agree that either you or Company may request resolution by final and fully binding arbitration conducted under the Commercial Arbitration Rules of the American Arbitration Association.
• The American Arbitration Association (AAA) will run the arbitration between you and Company, and AAA’s rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) will be used. If something in these Terms is different than AAA’s rules and procedures, then we will follow these Terms instead. You can look at AAA’s rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.
• YOU UNDERSTAND, AND FURTHER AGREE, THAT YOU HAVE THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF YOUR OWN CHOOSING REGARDING THIS AND ANY OTHER PROVISION IN THIS AGREEMENT AND THAT THIS BINDING ARBITRATION PROVISION WILL ELIMINATE YOUR LEGAL RIGHT TO SUE IN COURT AND/OR HAVE A JURY TRIAL WITH RESPECT TO ANY SUCH DISPUTE. Accordingly, you and Company agree that neither shall attempt to have any other Dispute related to any other party, including but not limited to any class action, joined to any arbitration in which you are involved. Thus, to the fullest extent permitted by law no arbitration proceeding shall be joined with any other or decided on a class-action basis.
11. GENERAL PROVISIONS
• It is your responsibility to read, understand and accept this agreement in connection with your use of the Services. You acknowledge that Company may make changes to the provisions of this agreement at any time and that Section headings in this agreement are for purposes of convenience only.
• Force Majeure. Both you and Company shall be excused from any failure to perform any obligation under this agreement to the extent such failure is caused by war, terrorism, acts of public enemies, strikes or other labor disturbances, fires, floods, acts of god, or any causes of like or different kind beyond the control of you or Company, as applicable under the circumstances.
• Waiver. Signed written consent from a legally authorized representative of Company is required to waive any provisions of this agreement. Any waiver of any provision of this agreement, intentional or otherwise, shall not be deemed a waiver of any other provisions of this agreement.
• Injunctive Relief. You and Company acknowledge that breach of this agreement may result in irreparable harm and loss, and upon a breach of this agreement the non-breaching party (i.e. you and/or Company) shall be entitled to immediate injunctive relief from a court of competent jurisdiction, which is in addition to, not in lieu of remedies at law and/or any other remedies set forth in this agreement.
• Governing Law and Venue. This agreement and any controversy related to this agreement shall be interpreted in accordance with and governed by the laws of the state of Florida, or, as appropriate, by federal law as applied by a federal court sitting in Florida, both without regard to Florida choice of law rules.