Terms of Service

Effective Date: October 8, 2018

1. Subject

1.1.

Welcome to the Terms of Service of mobile games and other services provided by MOPIKU! These Terms of Service ("Terms") apply to the use of all services provided by MOPIKU, including but not limited to games developed or published by MOPIKU, MOPIKUs games webpages, MOPIKUs games forums, and other, such as applications or any social functions of the aforementioned services or any other services MOPIKU has attached these Terms to (hereinafter referred to as "Services"). These Terms govern the relationship between You ("You" or "User") and MOPIKU regarding the use of the Services. By downloading, installing, accessing or using any part of the Services You agree to these Terms and accept to be bound by them. These Terms affect Your legal rights and obligations, so if You do not agree with the Terms (all together and each entry separately), You may not use Our Services.

1.2.

You must be AT LEAST 13 YEARS of age to access and use the Services. There is no exception to this requirement. If You are under 18, or a minor according to laws applicable to You, You represent that Your legal guardian or legal representative has reviewed and agreed to these Terms and You have permission to access and use the Services. By Your use of the Services, You agree that You are either 18 years of age or older, or possess legal parental or guardian consent, and that You are fully able and competent to understand and accept this Agreement as a binding contract and to abide by all Terms. Use of the Services is also governed by MOPIKU's Privacy Policy: http://ForbiddenSourceGame.com/privacypolicy.

If You do not understand Terms of Service or Privacy Policy, contact us and refrain from using our Services.

If You are a Parent that does not consent to his/her child's access to and use of the Services let us know by privacy@mopiku.com and we will bar that child's registration for an Account, prevent the child's access to and use of the Services, and ensure that such child's information is not accessible through the Services. If You have consented to Your child's access to and use of the Services but wishes to rescind such consent, You should contact us by privacy@mopiku.com to submit the request. We will discontinue that child's access to and use of the Services and ensure that such child's information is no longer accessible through the Services.

1.3.

MOPIKU offers online and mobile games and other services within the context of its technical and operational capabilities. This does not include periods of time during which the use of online and mobile games and other services are interrupted or affected due to urgent technical reasons or required maintenance work. MOPIKU is not liable for these instances in accordance with the conditions of this contract. This also does not include periods of time in which MOPIKU's general servers or the servers of certain games do not allow online access due to reasons beyond MOPIKU's control (force majeure, third party responsibility, etc.). MOPIKU continuously updates, changes, and develops its online and mobile games and other services at its own discretion. Users can therefore only participate in the respective online game, mobile game, or other offer in its respective form provided at any given time. MOPIKU retains the right to cease operating an online or mobile game or remove a specific service without explanation.

1.4.

Services offered by MOPIKU are provided to You for Your personal and non-commercial use only. The use of these games or services for business or commercial purposes is strictly prohibited, unless stated otherwise. You shall not sell, rent or give away Your Services or create account on behalf of someone other than yourself. You shall not use the Services if You have previously been removed from using any part of the Services by MOPIKU or other related Services provider. Subject to Your compliance with these Terms, MOPIKU grants You a limited nonexclusive, nontransferable, non-sublicensable license to download and install a copy of any MOPIKU's Game on a mobile device and to run such a copy solely for Your own personal purposes. We reserve all rights not expressly granted to You. As a rule, You may not: (i) copy, modify, or create derivative works based on the Services; (ii) distribute, transfer, sublicense, lease, lend, or rent Services to any third party; (iii) reverse engineer, decompile, or disassemble Services; or (iv) make the functionality of the Services available to multiple users through any means.

Exceptions:

(a) MOPIKU agrees You may quote descriptions of games, play and display its logo, recordings of gameplay or game reviews, while maintaining an unmodified, original look of graphics and materials, to promote the good name of the brand and encourage the use of games (e.g. by showing gameplay reviews on YouTube, game pictures on Facebook). Negative use of the indicated right, contrary to the abovementioned purposes, will be a breach of the contract and may result in criminal or civil liability;

(b) MOPIKU will publish materials for the media on its website. Traditional and virtual media can cite, copy or post graphics or films made available for this purpose by MOPIKU;

(c) If You want to use materials whose legal owner is MOPIKU, in a different scope or purpose than indicated above, please contact us via our e-mail address with a request for consent.

1.5.

You are responsible for ensuring that You own software and hardware that is suitable and up-to-date. MOPIKU makes efforts to improve and develop our Services constantly. You acknowledge and agree that MOPIKU may update Services , with or without informing You. You may need to update Your software to use all parts of our Services.

1.6.

In addition to these general rules, the rules set out by websites and portals, as well as others sell platforms that offer the use of Services are found.

1.7.

You are solely responsible for all Your use of the Services. You may not reveal, share or otherwise allow others to use Your password, or use passwords of others. You agree that You are personally responsible for the use of Your Services account, and for all of the communication and activity in connection with the Services. You are responsible for any use of Your credit card or other payment instrument (e.g. PayPal) by third parties, including minors.

2. Conclusion of Contract

2.1.

In order to use the online and mobile games and other services provided by MOPIKU, You must register for and, if needed, install the chosen game.

2.2.

Only natural persons are eligible for registration. Only individual persons are permitted to be authorized users (no groups, families, spouses or life partners, etc.).

2.3.

Children under 13 years of age are not permitted to register.

2.4.

You may need to enter a player's name and an email address registered to the user in order to register for the mobile games. You have no claim to a particular player's name. The selected players name may not infringe upon the rights of third parties and violate existing legal prohibitions or common decency. Moreover, no email or web address may be used as a player's name. Users must ensure that the information provided to MOPIKU during registration is genuine and complete. Certain games also allow registration using Facebook or Google Play login. The data required for registration shall be taken from the account chosen for this purpose.

2.5.

You are completely and exclusively responsible for the data associated with the account and selected passwords. We strongly recommend that You do not use passwords used in other types of accounts, especially those used for e-mail, to set up Your game profile, as well as to provide complex passwords that protect Your account access well. We are not responsible for the loss of account login details.

2.6.

You can set up an account yourself or with the help of a parent or legal guardian. Registration performed via third party, especially those that register individual people commercially, is not permitted.

2.7.

After successful registration, You create an account, which You can manage independently. The user account cannot be transferred without the explicit consent of MOPIKU. You shall not in any way use the account of anyone else and You shall not allow anyone else to use Your account.

If You make a loss or damage using someone else's account or someone using Your account (with or without Your knowledge or consent) will cause losses or damages on Your account or other account, You will be solely liable for these losses or damages.

2.8.

Users have no right to claim registration or activation.

2.9.

MOPIKU may limit, suspend, terminate, modify, or delete Your access to the Services or parts thereof if You fail to comply, or if we suspect such failure, with the Terms or Privacy Policy for any actual or suspected illegal or improper use of the Services, without notice to You. You may lose, as a result of termination or limitation of Your right to use the Services, material, content, in-app purchases, privileges or items associated with Your use of the Services, as well as items purchased in the game, and MOPIKU is under no obligation whatsoever to compensate You for any such losses or results.

2.10.

You may not sell, transfer or charge others for the right to use the Services or Your account.

3. General User Obligations

MOPIKU's websites and mobile games include various content that is protected by trademarks, copyrights, or other means for the benefit of MOPIKU or third parties. Failure to comply with the restrictions and limitations contained in this Section will result in the immediate, automatic termination of Your access to the Services and may subject You to civil or criminal liability.

You further agree that You will not, under any circumstances, unless explicitly permitted within these Terms of Service or in certain parts of the Services for which certain exclusions apply (e.g., on the website):

(i) edit, copy, distribute, publicly reproduce, use for advertising purposes, or use beyond the contractually agreed purposes any of MOPIKU's websites, mobile games, or the content or any portion thereof. The term "content" includes all data, images, text, graphics, music, sounds, sound sequences, videos, software programs and codes, and other information provided by MOPIKU. The term "content" also includes, in particular, all Services available for download;

(ii) act in any way, that may allow unauthorized access to data of the Services, including but not limited to allowing any malware, adware, spyware, Trojan Horses, automated "bots", "auto players" and such unauthorized access in any form;

(iii) rent, lease, license, sell, grant a security, transfer reproductions, host, provide platform for using the Services, for any purpose whatsoever without the express prior written authorization of MOPIKU;

(iv) infringe any third party's Intellectual property rights;

(v) use any vulgar, pornographic, sexually graphic, threatening, embarrassing, hateful, racially or ethnically insulting, inciteful, deceptive, defamatory or otherwise inappropriate or offensive comments or content;

Mopiku will each time decide about the nature of the violation, and our decision will be final and irrevocable.

(vi) use the Services in connection with any form of private or corporate advertising, contests, surveys, chain letters, SPAM, pyramid schemes, investment opportunities or other similar services, whether or not they are used for financial gain;

(vii) use the Services in any manner that violates any applicable laws or regulations;

(viii) collect or forward any information about any user of the Services, including personal information or other Account information, such as but not limited to passwords, e-mail addresses, locations;

(ix) create or use cheats, mods or hacks or any other third party software products that may change the result of the online or mobile games;

(x) apply measures that hide advertisements;

(xi) assist, permit or encourage any party in engaging in any of the activities described in the above.

We expressly reserve the right to monitor any or all network traffic between the Users and the Services to prevent the use of said means to compromise the Services.

In case MOPIKU finds violation of the above-mentioned rules we may, in our sole discretion:

(a) warn You about the breach,

(b) close, suspend or terminate Your account, temporarily or permanently,

(c) delete Your account and any violations connected with it,

(d) deduct or clear any attributes of Your Account or anything contained therein, such as experience, Virtual Items, Virtual Currency/Diamonds or levels,

(e) notify Your parents or legal guardians or the appropriate authorities,

(f) take other actions deemed appropriate.

4. General disclaimer

Services provided by MOPIKU are offered to You "as they are", without warranty of any kind whatsoever. MOPIKU will endeavor to ensure that the Services are at the highest possible level and to protect Your data in accordance with the requirements of local law, however it does not warrant that the Services will be:

(i) secure, error free,

(ii) continued. The Services provided depend on the interest of You and other players as well as ongoing financing. Lack of resources appropriate for the continuation of all or part of the Services may lead to the closure of the operations and the closing of the Services without prior warning and the possibility of obtaining a refund of the outlays (payments) made to them,

(iii) compatible with any specific software, including but not limited to Internet browser software,

(iv) free of viruses, worms or any other contamination that may cause damage to the software, hardware and data collected on it,

(v) free of materials of an offensive character, intended for adults, sexually based, or other that may be considered offensive. We will make efforts to minimize such data, and to remove it from our Services, but we are not responsible for the actions and omissions of people using them. MOPIKU is not responsible for any content posted or user-generated, data transmitted between users or transactions between them, whether online or offline.

TO THE FULLEST EXTENT ALLOWED BY LAW, MOPIKU DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

THE SERVICES ARE CONTROLLED AND PROVIDED BY MOPIKU FROM ITS FACILITIES IN POLAND. MOPIKU MAKES NO REPRESENTATION THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. IF YOU ACCESS OR USE THE SERVICES FROM OUTSIDE POLAND, YOU DO SO VOLUNTARILY AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS APPLICABLE TO YOUR LOCATION. IN THE EVENT OF A DISPUTE, THE LAW AND THE COMPETENT COURT WILL BE POLISH LAW AND THE POLISH COURT. AGREEING TO THE TERMS OF SERVICE YOU AGREE TO THE INDICATED CHOICE OF LAW AND COURT IN GDAŃSK.

5. Specific conditions for the use of communication facilities (particularly discussion forums, chats, comments)

5.1.

MOPIKU may provide You with different communication facilities for self-created entries and posts on MOPIKU' websites, in the game, and on social networks (particularly discussion forums, chats, blogs, guest books, etc. as well as the utilization of their comment functions, altogether known as the "communication facilities"), which the You may use when available. In this regard, MOPIKU only provides You with the technical environment for an exchange of information. However, You do not have the right to claim communication features.

5.2.

Users take full responsibility for the content and entries they post. You agree to release MOPIKU from any legitimate claims from third parties arising from a culpable violation of Your obligations. MOPIKU explicitly does not claim content entered by users as its own. However, users shall grant MOPIKU the permanent, irrevocable, non-exclusive right to use the content and contributions posted by the users.

6. In-app purchases

Note, the games have in-app purchases.

Diamonds, gold and other currencies used in games are payable and have value only in the particular App. Their purchase may not require connection of the phone with a credit card or entering a PIN, and it may be done by increasing the monthly invoice for using the telephone.

MOPIKU will not refund money in case of unauthorized access of third parties to Your phone.

6.1.

You can use our Services free of charge, except in cases of which the payment is reserved upon purchase. However, if You choose so, You can pay money to purchase virtual currency (e.g. diamonds, gold, gems) for certain virtual features, and other services (together with the "purchasable extras") within the context of the online games and mobile games. The price for the desired virtual currency appears in euros, US dollars, or in another currency applicable Your region. You can purchase advantages or virtual items in the online or mobile game with the premium currency purchased.

6.2.

You will receive information concerning purchasable extras, such as the function of the feature, access time (if applicable), purchasing price and the available payment method.

6.3.

You can submit Your offer to purchase the available features by selecting the desired item and desired payment method offered in the case, clicking on the purchase button (e.g. buy now), and thus concluding the order process.

6.4.

All purchases of products and services from MOPIKU are final and non-refundable, except as required by applicable law.

6.5.

By clicking on the purchase button YOU ARE AUTOMATICALLY ASKING MOPIKU TO START PROVIDING THE DIGITAL CONTENT (PURCHASABLE EXTRAS) IMMEDIATELY (BEFORE THE 14-DAY DEADLINE FOR WITHDRAWAL FROM THE CONTRACT OR ANY OTHER TIME PERIOD PROVIDED FOR BY LOCAL LEGAL REGULATIONS). THUS YOU ACKNOWLEDGE THAT FROM THIS MOMENT YOU CAN NOT WITHDRAW FROM THE CONTRACT CONCLUDED WITH MOPIKU. YOU ALSO UNDERSTAND THAT THE CONTRACT CONCLUDED WITH MOPIKU IS AN ADDITIONAL CONTRACT TO BE CONCLUDED SIMULTANEOUSLY WITH GOOGLE PLAY. THEREFORE, ADDITIONAL RULES ESTABLISHED BY GOOGLE PLAY WILL APPLY. BREAKING GOOGLE PLAY CONTRACT DOES NOT AFFECT ANY PAYMENT OBLIGATION FOR A REALIZED MOPIKU CONTRACT.

6.6.

If You are a PARENT and You are accepting these Terms on behalf of Your child, You accept and acknowledge that Your child has Your consent to exercise this right independently.

6.7.

The payment options vary according to the online or mobile game, Your country and the technically feasible payment options available in the market. MOPIKU reserves the right to amend their payment options.

6.8.

The money is collected via the service provider commissioned by You for the respective payment process or via a transfer made by You. For mobile games, money is collected via the respective app store. In individual cases, the general terms and conditions included by the authorized service provider may be applicable in addition to the general terms and conditions of MOPIKU.

6.9.

After completion of the payment process or, in the case of a transfer, after the receipt of the money in MOPIKU's account, MOPIKU shall credit the purchased features to Your account. The credit simultaneously represents that You have accepted a contract from MOPIKU regarding the purchase of available features. MOPIKU DOES NOT ACCEPT RETURNS.

6.10.

In mobile games on the portals of individual business partners and in online and mobile games that have been integrated into social networks, the conclusion of the contract may deviate from the procedure described here. In these cases, You will be informed on the specific procedure for concluding a contract.

6.11.

You acknowledge and agree that all information provided as part of a payment transaction (in particular bank account, credit card number, etc.) belongs to You, is complete and correct.

6.12.

MOPIKU retains the right to revise the fees for features available for purchase. This includes MOPIKU's right to increase or decrease the fees for all individual features in all future cases of purchases of purchasable features.

6.13.

Statutory interest shall accrue in instances of default. MOPIKU is also entitled to block the user account, recover further damages, and terminate services.

6.14.

Should MOPIKU incur back charges or cancellation fees at the fault of the user (including an inadequate account balance), the user shall bear the costs incurred from this.

7. Limitation of liability

You are held personally liable for any violation of a third party's rights. You agree to reimburse MOPIKU for all damages resulting from the culpable non-observance of the obligations of these terms and conditions. You release MOPIKU from all eligible claims that other users or third parties may file against MOPIKU due to a violation of their rights by content posted by the You or due to a violation of other obligations. You shall assume the costs of MOPIKU' legal defense, including all court and legal fees.

8. Contract Duration; Deletion of User Accounts

8.1.

Unless expressly stated otherwise for the respective online game, mobile game, or other Services, the contract for the use of the MOPIKU's website, online games, mobile games, and other Services runs for an indefinite period. The contract begins upon accreditation or activation of an account by MOPIKU, or start of using Services in which account creation is not required.

8.2.

The contract may be terminated by either party at any time with immediate effect, provided that a temporary contract period has not been agreed. However, Your termination of contract does not withdraw the obligation to pay for purchased goods (in-app purchasable extras).

8.3.

Either party has the right to terminate the contract for good cause without giving a period of notice. "Good cause" constitutes, in particular, if either party violates Terms of Service or Privacy Policy, rules of the game and fair play or additional governing provisions.

8.4.

In the case of extended inactivity, MOPIKU is entitled to delete the inactive user account after giving prior notice of this and only after at least 3 months of inactivity. Moreover, MOPIKU is entitled to delete a user account at the end of the contract at its own discretion.

8.5.

MOPIKU may at any time withdraw the running of Services in parts or as whole and terminate all related contracts at its sole discretion. We will inform You by posting a notice on our site or in the App two weeks in advance about the closure of the game, service, shopping opportunities and other parts of Services. After time given, all rights to use a specific game or application will expire, also if You made purchases inside the game. Obtained purchasable extras are lost and users are not entitled to compensation / refund / transfer of goods / reactivation of account. The account and related items exist only as long as they are active.

9. Online Dispute Resolution

9.1.

The European Commission provides a platform for alternative dispute resolution between consumers and online traders (ODR platform). You can access the ODR platform using this link: http://ec.europa.eu/consumers/odr.

9.2.

We can be reached via the ODR platform. However, we do not intend to and are not obliged to participate in a dispute resolution procedure in front of a consumer arbitration board. Should You contact us, we will usually get in touch with You directly.

10. Governing law

The laws of Poland shall apply; the UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. The mandatory provisions of the country in which the user resides shall remain unaffected by this legal decision.

11. Amendments to these general terms and conditions; Miscellaneous

11.1.

MOPIKU retains the right to modify these terms and conditions (a) in the event of any amendments made due to legal changes, (b) in the event of any amendments made due to decisions by the Supreme Court, (c) because of technical necessity, (d) in order to maintain company operations, (e) in the event of a change in market conditions, (f) for the benefit of the user. No amendment will take place if such amendment would substantially disrupt the contractual balance between the parties. Users will be informed of any amendments to the general terms and conditions via the MOPIKU' website and via the respective online or mobile game at least four weeks before the amendment is scheduled to take effect. Alternatively, MOPIKU may send its users the amended general terms and conditions via email or inform them that the amended general terms and conditions can be accessed via the MOPIKU's websites. The user is entitled to object to any amendment within four weeks. The Terms of Service are deemed to have been accepted if the user remains silent for the four-week period or if the user opens the game again after receiving notification of the amended terms and conditions.

11.2.

MOPIKU generally communicates with You via email - unless indicated otherwise by these terms and conditions. You need to ensure that You regularly check the email account specified at registration for messages from MOPIKU. When contacting MOPIKU, You must indicate which online or mobile game and which user account the message concerns.

11.3.

Should any provision of these terms and conditions be or become invalid and/or oppose statutory provisions, the validity of the remaining provisions of the terms and conditions shall remain unaffected.

11.4.

Please refer to our Privacy Policy for information on how we collect, use and disclose information from You.

11.5.

MOPIKU respects intellectual property rights of others and copyright law and ask You to do the same. If You are a copyright owner or an agent of copyright owner and believe that the Services infringe upon Your copyrights, You may submit a notification at privacy@mopiku.com according to the regulations that apply.

11.6.

Services as aforementioned and its original content, features, and functionality are owned by MOPIKU and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Nothing in the Terms grants You a right or license to use any trade mark, design right or copyright owned or controlled by MOPIKU except as expressly provided in the Terms.

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