Terms & Conditions
Terms of Service
This Terms of Service govern your access and usage of our mobile application and any features therein (“Company” or “Us”, “Our”, or “We” and “Services”)
Use of the Service is also governed by our Privacy Policy and other relevant policies, which are incorporated herein by reference. Before accessing or using the Service, including downloading or accessing the mobile application, you must agree to these Terms of Service and the Privacy Policy.
By downloading th e mobile application or otherwise using the Service, you represent that you are age 13 or older. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms.
By installing, using or otherwise accessing the service, you agree to these Terms of Service. If you do not agree to these terms of service, do not install, use or otherwise access the service.
Company reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms of Service, its Privacy Policy, and other relevant Company policies at any time by posting the amended terms on the Company Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Company Privacy Policy, or any other Company policies, rules, or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.
Age Restrictions
You shall not download or access the Service if you are under the age of 13; You shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors.
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, non-sublicensable, revocable, and limited license to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license, and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
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Engage in any act that Company deems to be in conflict with the spirit or intent of the Service or make improper use of Company’s support services.
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Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Service,
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Modify or cause to be modified any files that are a part of the Service without Company’s express written consent.
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Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users’ experience when using the Service. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players, and any other act that intentionally abuses or goes against the design of the Service.
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Disrupt, overburden, or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service.
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Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.
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Attempt to gain unauthorized access to the Service, , or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Company, including but not limited to by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify any security, technology, device, or software that is part of the Service.
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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 that impersonates any other person, including without limitation a Company employee.
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Reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or to obtain any information from the Service using any method not expressly permitted by Company.
Company reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Company reserves the right to take action as a result, which may include terminating and prohibiting you from using the Service in whole or in part.
Ownership
All rights, title, and interest in and to the Service (including but not limited to any titles, computer code, themes, objects, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, are owned by Company. Company reserves all rights, including without limitation, all intellectual property rights or other proprietary rights in connection with the Service.
Third-Party Partners
The Services may integrate, or be provided in connection with third-party services, advertising, and/or content. If you are installing the Services, third party services and third party content are subject to such third party’s terms of services and privacy policies, which may be found on the relevant Third Party Partner’s website. The Services may provide access or links to Third Party Partner websites or resources. We have no control over such websites and resources, and you acknowledge and agree that we is not responsible for the availability of such external websites or resources, and does not endorse nor is responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content (as defined below), goods or services available on or through any such website or resource. We will not be a party to or in any way be responsible for monitoring any transaction between you and Third Party Partners.
All services, advertising, feeds and content, including without limitation, all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials (“Content”) made available or accessible through an the Services, whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated. You hereby acknowledge and agree that by using an the Services you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances we will be liable in any way for any Content created by or originating with entities other than our own, including, but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a result of the transmission or posting of such Content by means of a the Services.
Suspension and Termination of Service
WITHOUT LIMITING ANY OTHER REMEDIES, COMPANY MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR RESTRICT ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR COMPANY SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND, OR TERMINATE THE SERVICE OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR mobile application AND its CONTENT, SERVICES, AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES.
Company reserves the right to stop offering and/or supporting the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Company shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service
Updates to the Service
You understand that the Service is an evolving one. Company may require that you accept updates to the Service. You acknowledge and agree that Company may update the Service, with or without notifying you. You may need to update third party software from time to time in order to receive the Service.
Disclaimer of Warranties
WITHOUT LIMITING COMPANY’S LIABILITY UNDER SECTION 7 BELOW, 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 THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. COMPANY 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 SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
Limitation of Liability
COMPANY SHALL 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 (HOWEVER SUCH LOSSES ARE QUALIFIED), 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 COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR MORE THAN THE GREATER OF ten (10) US DOLLARS.
Indemnification
You agree to indemnify, defend and hold Company (and our officers, directors, agents, and employees) harmless from any claim, demand, damages, or other losses, 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, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
General Terms
Force Majeure. Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Company, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Company’s control which may include any act of God, storm, fire, flood, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, Governmental action, or other cause beyond its control.
Severability. You and Company agree that if any provision of this Agreement is held unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
No Waiver. The failure or delay of Company to require or enforce strict performance by you of any provision of these Terms of Service or the Company Privacy Policy or failure to exercise any right under them shall not be construed as a waiver of Company’s right to assert or rely upon any such provision or right in that or any other instance. Additionally, any provision, condition, or requirement of these Terms of Service or the Company Privacy Policy expresses waived shall not constitute a waiver for any future obligation to comply with the terms. Except as expressly and specifically set forth in this these Terms, no representations, statements, waivers, consents, or other acts or omissions by Company shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by a duly appointed officer of Company and by You.
Supplemental Terms. Company may publish additional policies related to specific services such as community forums, contests or special events. Your right to use such services is subject to both the specific policies set forth and these Terms of Service.
Entire Agreement. This Agreement, including the Company Privacy Policy and any applicable Additional Terms, is the entire agreement between the parties relating to the matters contained herein.
Assignment. Company may assign or delegate these Terms of Service and/or the Company Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Company’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.
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Contact. You may contact Company regarding this Terms of Service by emailing marvellousgaming14@gmail.com