Malpa Games - Terms of Service

Terms of Service

Effective Date: December 26, 2023

1. Parties
These terms and conditions of this agreement (“Terms of Service” or “Terms”) govern the relationship between you and Malpa Games Limited, a company under laws of Republic of Cyprus, with registered address at Spyrou Kyprianou, 78 Magnum Business Center, 3rd Floor, 3076, Limassol, Cyprus (“Malpa Games” or “we”) regarding your use of Malpa Games’ mobile game applications and web game applications (“Games”), our website placed at https://malpagames.com/ , and other products (together “Services”) that are made available on Google Play, Apple App Store, Facebook and/or any other online store through which you may have gained access to any of the Games (“App Store”).

Use of Service is also governed by Malpa Games' Privacy Policy (“Privacy Policy”) and Cookie Policy (if any) which is herein incorporated by reference. You must agree to these Terms of Service and the Privacy Policy before accessing and using the Service.

By using our website and Service offered on it, downloading any software, or browsing the website, as well as by downloading any of Malpa Games’ Games from App Stores, you accept the following Terms of Service.

IF YOU DO NOT WANT TO ACCEPT THESE TERMS AND CONDITIONS, PLEASE, DO NOT USE OUR SERVICES, INCLUDING THIS WEBSITE, GAMES AND OTHER PRODUCTS.

2. Accepting the Terms
The use of our Services including the Games, is conditional upon and subject to the Terms. If you use our Services, you ultimately agree to the Terms contained herein, as well as any additional terms and conditions set forth on our website and/or in the Games, in particular Privacy Policy.

You can see these Terms at any time by using the link at a game app page on the corresponding App Stores. Our Games download/purchase page may contain certain additional terms, conditions and requirements, which constitute a part of these Terms of Service. In case you download the Games through an online store such as Google Play Store, Apple App Store, etc. please, review the terms and conditions of the respective owner of that particular App Store since such terms may provide for certain additional requirements applicable to the download of the Games through that store, its installation and use.

Malpa Games is entitled at any time to amend or supplement these Terms and any related provisions (e.g. Privacy Policy). You are responsible for periodically viewing the Terms. We will publish any amendments to these Terms on our website (www.malpagames.com) and may also use other means of notification (e.g. in-game, newsletter, pop-up). The date on which the latest update was made is indicated at the top of this document. The continued use of the Services will constitute your acceptance of the revised Terms. If You do not wish to be bound by the changes, you must stop using the Services.

Our Services including the Games are available for users at least 13 years old, except in the European Economic Area, where Services are limited to users aged 16 years and above. You represent that you are 13 (or16 where applicable) years old or older. If you are between the ages of 13 (or 16 where applicable) and 18, you represent that your parents or legal guardian has reviewed and agrees to these Terms and you have been allowed to download and play our Game subject to these Terms. We may require adequate proof of your identity and age and consent from parent(s) or legal guardian at any time.

3. Grant of a License to Use the Service and Restrictions to Use
Subject to your agreement and continuing compliance with these Terms of Service, we grant you a non-exclusive, non-transferable, revocable, limited license to access, download and use the Games (but not the related object and source code) for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

Please note that the Games are not sold to you. We own all rights, title and interest in and to the Games, our website and other parts of Services and reserve all rights not expressly granted to you in these Terms.

Taking into account the rights granted you are not allowed to do the following:

(a) you must not adapt, merge, modify, translate, disassemble, decompile, reverse compile or reverse engineer any part of Service, except to the extent the foregoing restrictions are expressly prohibited by applicable law;
(b) you must not license, sell, rent, lease, transfer, assign, distribute, make derivative works of host, or otherwise commercially exploit Service;
(c) you must not access Service in order to build a similar or competitive service or application;
(d) you must not remove or destroy any copyright notices or other proprietary markings contained on or in Service.

Any future release, update, or other addition to functionality of Service, including Games and their additional levels and gameplay enhancements shall be subject to the terms of the Terms, unless otherwise provided in terms associated with such addition.

4. Account Creation, Use and Security
In part of our Services it may be required to create your own account (“Account”) before using that. You are responsible for maintaining the security of your Account. Don’t share your Account details with others or allow others to access or use your Account. You are solely responsible for any activity in your Account whether or not authorized by you, including purchases made using any payment instrument (for example credit card, social network or platform virtual currency). Tell us immediately of any actual or suspected theft, fraud, or unauthorized use of your Account or Account password. We are not responsible for any losses caused by unauthorized access to your account.

You must not, sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your account or any Virtual Items associated with your Account to anyone without our written permission; any such transfer or attempted transfer is prohibited and void.

You must not access or use an account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original account creator without our permission.

5. Virtual Currencies/items
The Service may include an opportunity to purchase virtual, in-game currency (“Virtual Currency”) that may require you to pay a fee using “real money” to obtain the Virtual Currency. The Service may also include virtual, in-game digital items (“Virtual items”) that may be purchased from Malpa Games for “real money” or for Virtual Currency. Virtual Currency and Virtual Items can never be redeemed for real money or goods.
Your purchase of Virtual Currency and/or Virtual Goods is final and is not refundable, exchangeable, transferable, except in Malpa Games’ sole discretion. And you immediately agree and acknowledge that you will lose your rights to the 14 days cancellation period and refunds available for EU and EEA residents. You may not purchase, sell, or exchange Virtual Currency or Virtual Goods outside the Service. Doing so is a violation of the Terms and may result in termination of your Account with the Service and/or legal action.

Malpa Games retains the right to modify, manage, control and/or eliminate Virtual Currency and/or Virtual items at its sole discretion. Prices and availability of Virtual Items are subject to change without notice.

Malpa Games owns, has licensed, or otherwise has rights to use all of the content that appears in the Service. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items appearing or originating in any Malpa Games Game, whether “earned” in Games or “purchased” from Malpa Games.

Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of a Game, without Malpa Games’ written permission. Any such transfer or attempted transfer is prohibited and void and will subject your Account to termination.

6. Fees and purchase terms
In the Service, you may purchase, with “real world” money, a license to use Virtual Items and or other goods or services. You may also obtain a license to use Virtual Items by redeeming third party virtual currency, such as Facebook Credits.
PURCHASES OR REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY TO ACQUIRE A LICENSE TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE.
You can license Virtual Items by visiting the purchase page in one of our Games, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms. Malpa Games keeps records of transactions in order to deal with any subsequent queries. If you purchase Facebook Credits from Facebook, you are agreeing to Facebook’s Payment Terms and Malpa Games is not a party to the transaction.
For Virtual Items, your order will represent an offer to us to purchase a license for the relevant service(s) which will be accepted by us when we make the Virtual Items available in your account for you to use in our Games or debit your credit card, whichever comes first.
Your license to Virtual Items for use in Malpa Games Games is a service provided by Malpa Games that commences upon acceptance by Malpa Games of your purchase or redemption of third party virtual currency. By ordering a license to use Virtual Items you agree and accept that Malpa Games will provide it to you promptly following completion of your purchase.
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. YOU ACKNOWLEDGE THAT MALPA GAMES IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED OR TERMINATED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

7. Privacy
Use of the Malpa Games’ Services is subject to our Privacy Policy, including Cookie Policy (if any), which is hereby incorporated into these Terms of Service by reference.

8. User Content
“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through the Service, or that other users upload or transmit, including without limitation any chat text.
By transmitting or submitting any User Content while using the Services, you affirm, represent and warrant that such transmission or submission is and shall remain (a) accurate, true and complete in all material respects and at all times; (b) not confidential and not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms, corrupting files, interference, cheat software, or other malicious code.
Additionally you acknowledge and agree (a) that any of your personal information within such content will at all times be processed by Malpa Games in accordance with its Privacy Policy; (b) to be entirely responsible for all User Content that you may upload, communicate, transmit or otherwise make available; (с) to ensure that the User Content does not violate these Terms and the terms or policies of third party platforms/networks to which you share, upload or post the User Content; (d) not to upload, communicate, transmit or otherwise make available any unacceptable user content (i.e. any kind of content or behavior in connection with the use of the Services, including Games, that is either illegal or unacceptable under the generally accepted moral rules).
Any data, text, graphics, photographs and their selection and arrangement uploaded to the Service are subject, whether in whole or in part, to unlimited commercial, non-commercial and/or promotional use by Malpa Games. And you give hereby to Malpa Games an irrevocable, non-exclusive, royalty-free and fully paid worldwide license with the right to grant sublicenses to reproduce, distribute, publicly display, publicly perform, edit, prepare derivative works of, incorporate into other works, and otherwise use your User Content, solely to display your User Content in any Game and Service.
Text, graphics, and photographs uploaded are the sole responsibility of the person from whom such User Content originated. Thus, you are responsible, and Malpa Games is not responsible for any User Content you may upload, communicate, transmit or otherwise make available.
We do not control the User Content uploaded via Our Services by other people and we do not guarantee the accuracy or quality of that User Content. Therefore, Malpa Games will not under any circumstances be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any losses or harm of any kind resulting from the use of any User Content.
Malpa Games reserves the right to remove and permanently delete any User Content from the Service with or without notice. MALPA GAMES ASSUMES NO LIABILITY FOR ANY INFORMATION REMOVED FROM OUR GAMES AND SERVICES AND RESERVES THE RIGHT TO PERMANENTLY RESTRICT ACCESS TO SERVICES.

9. Links to Third Party Websites, Resources, or Advertising
We may provide links in Games or on other parts of the Services to other third-party companies’ websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. We are not liable for any claim relating to any content, goods, and/or services of third parties, and you acknowledge sole responsibility for, and assume all risks arising from, your use of any third-party websites or resources.
Additionally, we are not responsible for the availability of such websites or resources of the third-party suppliers. Any content, advertising or services by such third party suppliers are provided following the terms of services and privacy policies to be found on the website of the respective third party supplier, where applicable. We are not responsible or liable, directly or indirectly, to you in relation to any losses, damages or harm caused by or in connection with use of any such content or services by the third party suppliers. Any additional charges you may incur in relation to the use of the services by such third party suppliers is your responsibility.

10. Code of Conduct
You agree that your use of the Service shall be lawful and that you will comply with the usage rules. You must comply with the laws that apply to you in the country of your residence and any other location where you download and install Games and/or access and use our other Services. If any laws applicable to you restrict or prohibit you from using our Services, or any part thereof (certain features, functionalities, etc.), you must comply with those legal restrictions and not use our Services.
In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Service in order to:
post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable;
defame, libel, ridicule, mock, stalk, threaten, harass, intimidate harm to minors or abuse anyone, hatefully, racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable;
upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or other users’ computers;
violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
attempt to obtain passwords or other private information from other members;
improperly use support channels or complaint buttons to make false reports to Malpa Games exploit, distribute or publicly inform other members of any Game error, miscue or bug which gives an unintended advantage impersonate any other person, including without limitation, an Malpa Games employee;
use or take part in the use of any unauthorized third-party software designed to modify or interfere with Service and/or any Malpa Games’ Games;
constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise or violate any law or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service.
Failure to comply with this Code of Conduct may result in the suspension of Account and access to the Services, and/or subject you to any of the penalties identified in these Terms or available under applicable law.

11. Suspension and Termination Services and Account
Without limiting any other remedies, Malpa Games may limit, suspend, terminate, modify, or delete accounts or access to the Service or portions thereof if you are, or Malpa Games 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. You can lose your user name and persona as a result of account termination or limitation, as well as any benefits, privileges, earned items and purchased items associated with your use of the service, and Malpa Games is under no obligation to compensate you for any such losses or results.
Malpa Games reserves the right to stop offering and/or supporting the Service or a particular Game or part of the Service at any time either permanently or temporarily, at which point your license (rights granted hereunder) to use the Service or a part thereof will be automatically terminated or suspended. Additionally, Malpa Games reserves the right to suspend, discontinue, enhance, update or otherwise modify the Games and other Services (or any of its features or functionalities), or its availability to you, at any time without notice. In such event, Malpa Games shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service or other enhancement thereto.
Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
If Malpa Games release a new version of the Games, or make new features available, you may be requested to update the Games installed on your device. Such updates may occur automatically or with the prior notice. In case of material updates, supplements or new versions of the Games, Malpa Games may also ask you to review and accept our new Terms (applicable at that time) before you may install and start using the updated or new version of the Games. If you do not agree with the terms and conditions of the new Terms, you may not install or use the updated or new version of the Games, and you shall discontinue using the Games or any related services and shall uninstall and remove the Games from your device. Malpa Games may have to support the previous versions of the Games after the availability of material updates, supplements or subsequent versions of the Games.

12. Intellectual Property/Ownership/ Copyright Policy
All materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software (object and source code), music, sound and other files, and their selection and arrangement) are protected by law from unauthorized use. The entire contents of the Service are copyrighted under the Cyprus copyright laws and/or similar laws of other jurisdictions.
You agree that no materials that are part of the Service may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without Malpa Games’ express prior written permission, except that the foregoing does not apply to your own User Content (as defined above) that you legally post on the Services. All other uses of copyrighted material, including any derivative use, require express prior written permission from Malpa Games. Any reproduction or redistribution of materials not in accordance with these Terms is expressly prohibited and may result in severe civil and criminal penalties.
Malpa Games and/or its affiliates or licensors remain the owners of right, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted on the Services by Malpa Games. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any materials posted on the Service by Malpa Games, or any derivative works thereof.
You agree that you are willingly publishing the content on the Service using technology and tools provided by Malpa Games. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network or other media without the explicit written permission of Malpa Games.
If you give us suggestions for enhancement or feedback regarding the Services ("Feedback"), You hereby transfer to us all rights in the Feedback and agree that we shall have the right to exploit such Feedback and related information in any and all manner we deem appropriate. We will treat any Feedback as non-confidential and non-proprietary and, therefore, you acknowledge and agree that you will not communicate to us any information or ideas that you consider to be confidential or proprietary.
We respect the intellectual property rights of others, therefore, if you believe that your personal work has been copied in a way that constitutes an infringement of the copyrights, please, provide us with a written information specified below:
a description of the copyrighted work that you claim has been infringed upon;
your contact information, including name, surname, telephone number and e-mail address;
a statement by you that you have a good-faith belief that the disputed use of your copyrights has not been authorized;
a statement by you, made under penalty of perjury, that the aforementioned information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner;
if you are acting on behalf of the copyright owner, a power of attorney authorising you to represent the copyright owner.

13. Disclaimers of warranties/Limitations/Waivers
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN ``AS IS" AND "AS AVAILABLE." WE HEREBY EXPRESSLY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE OR THE SERVICES. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE AND OTHER PARTS OF OUR SERVICES. YOU ACKNOWLEDGE ANY INFORMATION SENT TO YOU MAY BE INTERCEPTED BY THE THIRD PARTY. WE DO NOT WARRANT THAT THE SERVICES OR THEIR SERVERS WHICH MAKE THE SERVICES AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY US ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS.
LIMITATIONS; WAIVERS OF LIABILITY; INDEMNIFICATION
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT NEITHER THE MALPA GAMES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES SHALL NOT BE LIABLE 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.
The use of Services including the use of the Games is performed exclusively at your own discretion and risk. You accept sole responsibility for the damage done to your computer, other electronic device or data, including loss of data, or any other form of hard resulted from the use of our Services. We assume no responsibility and/or liability for any computer virus or other harmful software code, which may be downloaded to your computer or other electronic device from this website or in connection with any part of Service offered to you via this website or by all other means.
Neither of the information or advice available on our Services or comment received through the website or the respective App Store or elsewhere in Services shall create any warranty whatsoever, unless expressly stated and referred to in these Terms.
The Services, including the Games, or part of them may not be available for your specific computer or other electronic device, as well as in your specific country or region, your language or particular time. Any such reference to the specific Services does not imply or warrant its availability at any time for any computer or other electronic device, as well as in any particular county or region. For example, there may be times when the Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled. Additionally it is our right, not obligation, to make available to you any updates, supplements or subsequent versions of the Games.
We may not guarantee that your personal information or private communications will always remain private when using our Games or other parts of Services since the transmission of information over wireless and wired networks may not be inherently secure. You accept all responsibility for any such security risk and any damage that may result therefrom. It is also Your sole responsibility to use all reasonable and recommended measures (such as complex passwords, etc) in order to secure your device from any unauthorized access.
You hereby agree to indemnify and hold us harmless, our affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms, including without limitation infringement of any third-party intellectual property and/or proprietary right, including, but not limited to, patent, trademark, copyright, trade secret, publicity and/or privacy.
You agree that the provisions in this clause 13 will survive any termination of your Account(s) or of the Service.
Please, be informed that some states or countries do not allow the exclusion of certain warranties or the limitations/exclusions of liability, indemnification described above, which means these limitations/exclusions may not apply to you if you reside in one of those states or countries. To the extent that we may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

14. Maximum Liability
WITHOUT LIMITING CLAUSE 13, DURING ANY PERIOD OF TWELVE MONTHS, OUR TOTAL LIABILITY TO YOU UNDER THESE TERMS (WHETHER ARISING IN NEGLIGENCE, BREACH OF CONTRACT OR OTHERWISE) WILL NOT UNDER ANY CIRCUMSTANCES EXCEED THE AMOUNT THAT YOU HAVE PAID TO US IN THE 90 DAY PERIOD ENDING ON THE DATE OF YOUR CLAIM.

15. Notice
Any notice provided to Malpa Games pursuant to these Terms should be sent to legal@malpagames.com

16.Term, Termination and Survival of these Terms
The Terms are effective for an indefinite period of time, until Malpa Games terminates them, or until you decide to terminate them by uninstalling and discontinuing use of the Games or other parts of Services. The Terms, your rights and licenses hereunder will terminate automatically without notice, if you fail to comply with any of the provisions of these Terms. Upon termination of the Terms, you will cease all use of the Games and other parts of Services.
All provisions of these Terms with regard to Privacy, Intellectual Property Rights, disclaimer of warranty, limitation of liability, indemnification, applicable law and severability, waivers and dispute resolution and others that mentioned in these Terms will survive the termination.

17. Special Notice to Users
These Terms of Services are between you and Malpa Games only, not with App Stores like Apple, Google, etc. The App Stores are not responsible for the Games you purchased or our Services. The App Stores have no obligation whatsoever to furnish any maintenance and support services with respect to the Games. To the maximum extent permitted by applicable law, the App Stores have no other warranty obligation whatsoever with respect to the Games. The App Stores are not responsible for addressing any claims by you or any third party relating to the Games or your possession and/or use of the Games, including, but not limited to: (i) product liability claims; (ii) any claim that the Games fail to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation or (iv) claims that the Games infringe upon a third party's intellectual property rights.

18. Dispute Resolution and Severability
These Terms of Service shall be governed by and interpreted in accordance with the laws of the Republic of Cyprus. Any legal action or proceeding arising under these Terms of Service will be brought exclusively in the courts of the Republic of Cyprus. And you hereby irrevocably consent to the personal jurisdiction and venue therein.
If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.The failure of a party to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.

19. Entire Agreement
These Terms of Service, any supplemental policies (that we may publish additionally from time to time) and any documents expressly incorporated by reference herein, contain the entire understanding of you and Malpa Games, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.