TERMS AND CONDITIONS
Last Updated: 3/12/2023
These Terms and Conditions (the “Terms”) is a legal and binding agreement between you (“Users”, “User”, “you” or “your’) and MNO GO GAMES LTD. (“MNO GO GAMES”, “we” or “us”) and governs your use of the MNO GO GAMES's websites (“Websites”) or downloadable games and/or applications that link to these Terms and Conditions ("Apps") (collectively, the "Services").
By (purchasing), downloading, installing or using our Services, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. If you do not agree to these Terms, do not purchase or use the Services.
1. LICENSE AND RESTRICTIONS
1.1. Subject to these Terms we grant you a personal, non-transferable, non-assignable, non-exclusive, revocable and limited license to use our Services for your personal, non-commercial use. The Services may be modified from time to time, without prior notice. We may, at our own discretion, cease totally or partially, and/or permanently or temporarily the provision of the Services without prior notice.
1.2. You may not, and will not permit or authorize third parties to:
- modify, translate, reverse-engineer or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services, reverse-compile or decompile, disassemble, create derivative works of, or use data gathering or extraction tools in connection with the Services;
- reproduce, duplicate, copy, sell, resell, or otherwise exploit the Services, in whole or in part, for any purpose without our express written consent;
- frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layouts, or forms) without the express written consent of the respective owner;
- use any data mining tools or automation tools such as spiders, crawlers, scripts, bots, or any automated method of recording information in connection with the Services; (e) use any meta-tags or any other "hidden text" utilizing the name "MNO GO GAMES," the names of any game or related characters, its affiliates, partners or artists without our express written permission;
- engage in any conduct in connection with the Services that may be considered illegal or tortious including, without limitation, "hacking" the Services, or infringing the intellectual property or other proprietary rights of MNO GO GAMES or third parties;
- take any action intended to circumvent or disable the operation of any security feature or measure of the Services;
- publish, distribute, sell, disclose, market, sublicense, rent, lease, display, provide, transfer, or make available the Services, or any portion thereof, to any third party;
- access any Content on the Services via automated means, including by crawling, scraping, caching, or otherwise (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent);
- use the Services in any manner that is not authorized by these Terms.
1.3. The Services may include measures to control access to the Services (including age controls), prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under these Terms. You may not take any action to circumvent or defeat such security features. If you disable or otherwise tamper with the technical protection measures, your license to use the Services will be automatically revoked.
1.4. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
2. ACCESS TO THE SERVICES
2.1. You must be at least 13 years of age to access the Services and Content.
If you do not receive a pop-up that asks for your age when you first access an App or a Website, then by using the Services and your continued access to such Services, you are affirming to MNO GO GAMES that you are at least 16 years old.
If you do receive a pop-up that asks for your age when you first access an App or when accessing a Website:
- If you are under 18 years of age (or have not reached the age of a legal adult where you live, if that is not 18 years of age) you affirm that you have reviewed these Terms with your parent or guardian and they agree to these Terms on your behalf and take full responsibility for your compliance with these Terms.
- If you do not have permission from your parent or guardian, certain features and functionality of the Services may be disabled.
2.2. The Services may show ads that are customized to match the content, information, or questions on the Services. When you agree to use the Services provided by MNO GO GAMES, you understand that MNO GO GAMES and its partners can display these ads on the Services, even if the content or information was not submitted by you or other users.
2.3. You may be required to register an account before using certain Services ("Account"). You may also be required or have the option to access the Services through a social networking service ("SNS"). Your Account is personal to you, and you may not rent, lease, sell, trade, gift, bequeath, or otherwise transfer it to anyone else. You agree to provide true and complete information about yourself when you register your Account and to keep it up to date.
2.4. You must maintain the security of your account and account credentials, and you are responsible for any activities on your account and promptly notifying us if you discover or suspect that someone has accessed your account without your permission. We encourage Users to use strong passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with the accounts. We cannot and will not be liable for any loss or damage arising from Users’ failure to comply with the above.
2.5. MNO GO GAMES does not authorize use of automated methods to sign up for an Account, and MNO GO GAMES reserves the right to immediately terminate your access to the Services or your Account if you breach these Terms or otherwise violate any applicable law, rule, or regulation in your jurisdiction.
2.6. You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using the Services.
2.7. In addition to these Terms, we may ask you to accept additional terms that apply to specific features, promotions, products or services (including, but not limited to, posted fees, billing procedures, promotion rules, subscription services, special sections or functions of the application). To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable feature, promotions, product or service.
3. IN-GAME, IN-APP PURCHASES
3.1. The Services may include an opportunity for you to earn, buy or otherwise obtain in-game currency, also referred to as virtual coins ("Virtual Currency") to access virtual, in-game digital goods or items ("Virtual Items"). Methods of obtaining Virtual Currency are at MNO GO GAMES sole discretion. Virtual Currency is not real currency, does not have monetary value, and may not be redeemed for legal currency, or items of value outside of the Services.
Virtual Currency and Virtual Items obtained via the Services are provided to you under a limited, personal, revocable, non-transferable, non-sublicensable license to use within the Services. You have no property interest, right or title in or to any Virtual Currency or Virtual Items appearing or originating in the Services, and they may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service.
MNO GO GAMES has no liability for hacking or loss of your Virtual Currency or Virtual Items or any goods or services obtained via Virtual Currency. MNO GO GAMES has no obligation to, and will not, reimburse you for any Virtual Currency or Virtual Items obtained with Virtual Currency. MNO GO GAMES reserves the right, in its sole discretion and without prior notification, to change or limit the price, availability, or order quantity of any Virtual Currency or Virtual Items and to refuse to provide you with any Virtual Currency or Virtual Items.
Virtual Currency may have an expiration date. Virtual Currency and Virtual Items may be forfeited if: (a) your Account or access to the Services is terminated or suspended for any reason; (b) you breach these Terms; (c) MNO GO GAMES discontinues availability of any of the Services; or (d) you disassociate from the Services.
3.2. Your purchase of Virtual Items through digital distribution platforms, which act as third-party payment processors, is subject to those platforms’ payment terms and conditions and we are not a party to the transaction. We do not control how you can pay or how any refunds may be issued on those platforms. Please review those platforms’ terms of service for additional information. You can find the full list of payment processors in our Third Parties policy. You represent and warrant that you are authorized to use the payment method you use to purchase Virtual Items. You authorize the applicable platform to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or canceled. You must resolve any problem encountered in order to proceed with your order.
3.3. We do not authorize, and expressly prohibit, the purchase of Virtual Items from third parties. You will not be allowed to offer, to sell or purchase Virtual Items to or from other users or third parties. In addition to violating these Terms, these resale purchase transactions may be fraudulent or may lead to identity theft. We are not responsible for any such transactions or any damages or harm that you might incur if you engage in transactions involving Virtual Items with other users or third parties.
3.4. All prices for Virtual Items are shown in the currency of your country and do not include applicable taxes and other charges, unless we state otherwise. Prices for Virtual Items are subject to change at any time, but changes will not affect any order you have already placed. You are accountable for ensuring that all applicable sales, use, value-added, or other governmental taxes, fees, or duties are paid in relation to your order. We may collect applicable taxes if we determine we have a duty to collect taxes.
3.5. All sales of Virtual Items are final, and Virtual Items are non-returnable and non-refundable. Virtual Items cannot be resold, transferred for value, redeemed for cash or applied to any other account.
YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN YOUR ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, WHETHER YOU MADE A PAYMENT THROUGH A PLATFORM, SUCH AS APPLE APP STORE OR GOOGLE PLAY, OR ANY OTHER SITES OR PLATFORMS WHERE WE OFFER OUR SERVICES.
4. OUR CONTENT
4.1. All materials and contents displayed, included, incorporated, uploaded, posted, published, contributed, performed and/or used on our Services, including, without limitation, any games, quizzes, lists, feeds, text, graphics, logos, photographs, images, software, audio, video, animations and themes (collectively, "Content"), other than the User Content (as defined below), are:
(i) the sole property of MNO GO GAMES and/or third parties (as applicable),
(ii) protected by applicable intellectual property rights, including copyright laws, and
(iii) intended solely for the personal use of Users and may only be used in accordance with the Terms hereof.
4.2 All trademarks, service marks, and trade names (including the company name and logo), whether registered or not, are proprietary of MNO GO GAMES and/or third parties and you may not use, copy, reproduce, modify, distribute, use for commercial purposes, create derivative works, imitate, remove, alter, register, claim ownership over them, in whole or in part, without our or relevant third party’s prior written permission. In addition to any right or remedy available to MNO GO GAMES in accordance with any applicable law, Users shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
4.3 No rights or licenses are granted, expressly or by implication, to you by MNO GO GAMES with respect to any proprietary information, patent, copyright, trademark, trade secret, or other intellectual property right, whether registered or not, except as expressly provided in these Terms.
4.4 Except as explicitly specified herein, Users may not download, copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, the Content or any part thereof. Without derogating from the generality of the aforesaid, downloading, copying, or storing any Content for any purpose (including, without limitation, for personal, noncommercial use) is expressly prohibited without prior written permission from us, or from the copyright holder identified in the applicable Content's copyright notice.
5. USER-GENERATED CONTENT
5.1 The Services may allow you to upload, publish and store content ("User Content"), including, but not limited, to questions, question images, comments, User Profile pictures and names.
All User Content uploaded, published, incorporated or otherwise contributed to the Services by User shall be owned by User (as between the parties hereto), but you are hereby granting us an irrevocable, perpetual non-exclusive, worldwide, royalty-free, fully paid, sub-licensable right and license to use, exploit, copy, download, publish, display, make available to the public, distribute, amend, modify, create derivative works and store such User Content and to allow others to do so for any purpose, including in order to provide or enable the Services (collectively the “User Licenses”).
For the avoidance of doubt, such license shall remain in full force and effect also after the termination of User’s use of the Services, for any reason whatsoever.
5.2 User warrants and represents that:
- User Content is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations; and
- User has the full and unrestricted right and authority to grant User Licenses to us and upload, post, incorporate and publish User Content though the Services, all without revealing trade secrets of others without the owner’s permission, infringing or violating any copyrights, privacy rights, publicity rights, trademarks or any other contractual, intellectual property or proprietary of any third party. We respect the intellectual property of others and take the protection of copyrights and any other intellectual property rights very seriously, and we ask our users to act the same.
- User may not promote violence against, threaten, or harass other people on the basis of race, ethnicity, national origin, caste, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease.
- User may not post political, religious, violent or adult content in their User Profile or any other part of our Services. User acknowledges that profanity, vulgarity, racism, terrorist content, adult content, content related to planning, preparing, or glorifying violence and hate speech (collectively, “Inappropriate Content”) are not allowed in any User Content.
- User further warrants and undertakes that they shall be solely responsible for any User Content that User shall create, submit, publish or share on the Services and for any damage or loss to User or any other third party resulting therefrom, and that User shall assume all risk in connection therewith. User shall indemnify and hold us or anyone on our behalf from any liability, cost, damage and expense (including reasonable legal fees) caused due to and/or by User Content, as further specified.
- We reserve the right to remove without notice content that glorifies violence, political or religious propaganda or humiliation of others because it may create an environment that discourages participation. In the event of failure to comply with these Guidelines, we may also ban you out of the Services or delete your Account at any time without notice.
5.3 The User hereby assures and guarantees that User will adhere to the following conditions while using the Services, and will not permit or authorize third parties to violate these conditions. The User will not upload, display, post, incorporate, or contribute any content (including User Content) to the Services that:
- is unlawful, promotes, or encourages illegal activity;
- consists of any communication or solicitation aimed at obtaining password, account, or private information from any other user of the Services;
- contains material that is false, inaccurate, or incomplete;
- deletes or modifies any material that the User did not originally post;
- contains viruses, Trojan horses, worms, or any other computer programs designed to disrupt, destroy, or limit the functionality of the Services, or any system, computer software, hardware, or telecommunications equipment;
- enables the User to create a false identity or impersonate another person;
- is antisocial, disruptive, harassing, or destructive, including but not limited to behaviors commonly understood and referred to on the Internet as "flaming," "spamming," "flooding," "trolling," and "griefing."
5.4 User expressly acknowledges and agrees that we have no control over, and no duty to monitor or take any other action regarding which User Content is uploaded, posted or incorporated in or through the Services. We reserve the right (but do not have any obligation) to remove, disable access, edit, modify or otherwise manipulate User Content from the Services, at any time, without notice to you and for any reason (including, without limitation, upon receipt of claims or allegations from third parties relating to such User Content or if we suspect that you may have violated these Terms).
5.5 To ensure the enforcement of these Terms by users, we use initial automated content moderation and validation services that automatically detect and remove Inappropriate Content that User may post in the following sections of the game:
- Profile section: username, profile picture, cover picture, bio
- Comments section: username, comment text
- Question section: question picture, question title text, answer options text, explanation text
Users are not able to post any content without automated initial moderation. Until initial moderation, all content is only visible to its creator. Once the content passes the automated initial moderation and validation stage, it becomes visible to other users.
All user reactions to published content (likes, dislikes, reports) are subject to continuous automated scanning. If the percentage of negative user reactions to certain content exceeds the level set in our automatic moderation system, such content is automatically disabled.
If a set percentage of content by a certain user fails initial validation and moderation, or is periodically disabled based on user reactions, that user gets blocked from the Services automatically.
5.6 Although we will exercise reasonable efforts to preserve the materials stored on the Services, you are solely responsible for creating back-ups of your User Content, and we shall not be responsible or liable in any way for the failure to preserve your User Content.
In addition, if you send us feedback or suggestions via e-mail or otherwise regarding the Services, you acknowledge that we may use them at our sole discretion, without any obligation to compensate you in any manner for such feedback or suggestions.
6. THIRD-PARTY PRODUCTS, SERVICES, LINKS AND CONTENT
6.2.We are not responsible for the availability of such external third-party websites or resources and will not be responsible or liable for any content, advertising, products, or other materials on or available from such third-party websites or resources.
6.3. We do not make any representation or warranty whatsoever about such third party's websites, services, products or content. We also do not endorse and cannot ensure that you will be satisfied with any products or services that you purchase or download from such third parties, and are not responsible or liable in any manner for your interaction with such third parties. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.
7. DEFAULT AND TERMINATION
7.1. The license granted to Users under these Terms is effective until terminated. We may terminate or suspend your license, account and access to the Services and/or to specific Content immediately, without prior notice or liability, if User breaches, or fail to comply with, any of the terms hereof, or in any case of fraudulent, abusive, or otherwise illegal activity. In which case, User’s right to use the Services and access any Content will immediately cease. All provisions of these Terms which by their nature should survive termination (including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability) shall remain in full force and effect following termination thereof, for any reason whatsoever. Termination of User’s access to and use of the Services shall not relieve User of any obligations arising or accruing prior to such termination or limit any liability which User otherwise may have to us, including without limitation any indemnification obligations contained herein.
7.2. We may also terminate or suspend your license, account and access to the Services and/or to specific Content, without prejudice to any other rights or remedies which we may have, immediately upon the occurrence of any of the following events:
(i) you are involved in any voluntary or involuntary bankruptcy proceeding or any other proceeding concerning insolvency, dissolution, cessation of operations, reorganization or indebtedness or the like and the proceeding is not dismissed within thirty (30) days;
(ii) you become insolvent or unable to pay your debts as they mature in the ordinary course of business or make an assignment for the benefit of your creditors;
(iii) you become a party to a merger or consolidation, transfers all or substantially all of your business and/or assets to a third party and in our sole opinion, a material conflict of interest occurs with respect to the retention of the Services; or
(iv) We believe that improper use of the Services has occurred or is about to occur.
7.3. We are not responsible for any loss or harm related to your inability to access or use our Services.
7.4. You recognize and agree that the Services constitute commercially valuable materials of other users, and that the design and development of the Services, the Content and other materials reflects the effort of skilled development experts and the investment of considerable time and money. Accordingly, you acknowledge and agree that monetary damages will not be sufficient to compensate other users in the event of your actual or threatened breach or violation of these Terms, and that other users may be irreparably harmed by such breach or violation. Therefore, other users shall have the right to seek and obtain an injunction or any other remedies available to it in law and equity to remedy such breach or violation, including an appropriate decree of specific performance or any other appropriate equitable relief.
8. NO WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS SOLELY WITH YOU. EXCEPT AS EXPRESSLY SPECIFIED OTHERWISE HEREIN, THE SERVICES ARE SUPPLIED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND. WE DO NOT WARRANT THAT THE USE OF THEM WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET YOUR SPECIFIC REQUIREMENTS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO ANY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS AND DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY, SECURITY, COMPATIBILITY, NON-INFRINGEMENT OR COMPLETENESS.
9. LIMITATION OF LIABILITIES
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, OR OPERABILITY OF THE MATERIAL, CONTENT OR SERVICES PROVIDED. BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY HARM, LOSS AND/OR DAMAGE (INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, SAVINGS, REVENUE OR DATA) RESULTING FROM AND/OR IN CONNECTION WITH THE USE AND/OR ACCESS THEREOF, INCLUDING WITHOUT LIMITATION, ANY HARM, LOSS AND/OR DAMAGE THAT:
- RESULTS FROM THE SUSPENSION, MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE SERVICES;
- RESULTS FROM UNAUTHORIZED USE, TEMPORARY OR PERMANENT NON-PERFORMANCE OF THE SERVICES, ERRORS OR OMISSIONS (INCLUDING, WITHOUT LIMITATIONS, DUE TO MAINTENANCE, UPGRADES AND REPAIRS OR DUE TO FAILURE OF TELECOMMUNICATIONS LINKS AND EQUIPMENT);
- RELATES TO DOWNLOADING OR POSTING CONTENT; OR
- RESULTS FROM ANY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM.
IN NO CASE SHALL THE AGGREGATE LIABILITY OF MNO GO GAMES AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS AND EMPLOYEES UNDER THESE TERMS OR ARISING OUT OF OR OTHERWISE RELATED TO YOUR USE OF THE SERVICES EXCEED THE SERVICE FEE ACTUALLY PAID (IF ANY) BY YOU TO US FOR THE SERVICES.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
You agree to hold harmless, indemnify and defend us from any liability, cost, damage and expense (including reasonable legal fees) caused due to and/or by your access to the Services, use of the Services, violation of these Terms, or violation or infringement of any rights (including, without limitation, copyrights and/or other intellectual property rights) of a third party through use of the Services.
12. COPYRIGHT COMPLAINTS
Our company holds a strong commitment to upholding and respecting the copyrights of others, and we kindly request that our users reciprocate this principle by also demonstrating utmost respect for intellectual property rights.
In accordance with Article 17 of the Directive on Copyright in the Digital Single Market (DCDSM), if we receive a notice from a rights holder about unauthorized content on our platform, we act promptly to disable access to or remove the specified content.
We also make our best efforts to prevent the future uploading of such unauthorized content, for example we may terminate user accounts after repeated infringements in accordance with our policies.
If you believe that material located on the Services violates your copyright, you are encouraged to contact us in accordance with the European Copyright Directive (2001/29/EC) via this form or any other option listed in the CONTACT US section.
If you believe you have been falsely accused of violating copyright laws and your content has been wrongfully removed or disabled as a result, you have the right to appeal this decision. Please contact us, providing a detailed explanation of your appeal and any supporting evidence you may have.
13. NO ASSIGNMENT
These Terms and the licenses granted to you herein are personal to you, and may not be assigned prior to obtaining MNO GO GAMES's express written consent.
14. CHANGES TO TERMS
We may update our Terms from time to time, and to ensure you are informed about any such changes, we always update the Last Updated date at the top of this Terms. Changes to this Terms are effective when they are posted on this page.
If we make material changes to this Terms, we may notify you by posting a notice on the Services, sending it via email to your email address you shared with us in the course of using the Services or through other appropriate communication channels.
We recommend that you review our Terms periodically to make yourself aware of the updates or changes that have been made. Your continued use of the Services will signify your acceptance of the changes to our Terms.
If any modification is unacceptable to you, you may cease using our Services. If you do not cease using our Services, you will be deemed to have accepted those modifications.
15. JURISDICTIONAL AND VENUE ISSUES
These Terms shall be governed by, and construed in accordance with the laws of Cyprus, excluding its conflict and choice of laws principles. You agree that any action at law or in equity arising out of or relating to these Terms or the Services shall be filed only in competent courts located in Nicosia, Cyprus, which is the appropriate venue for such matters, and you hereby consent and submit to the exclusive jurisdiction of such courts for the purposes of litigating any such action.
- We may assign at any time any of the rights and/or obligations hereunder to any third party without User’s consent.
- In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.
- Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed by us in writing.
17. CONTACT US
If you have questions regarding these Terms, please contact us via any of these channels of communication: