11. 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 Services in order to post, upload, communicate, transmit or otherwise disseminate following information and/or conduct following behaviour (“Unacceptable Content”):
- information that is obscene, indecent, vulgar, pornographic, sexual, contains nudity or otherwise objectionable;
- information that is false, deceptive, incomplete, fraudulent, misleading, inaccurate, offensive, tortious or trade libelous;
- defame, libel, ridicule, mock, stalk, threaten, harass, intimidate, harm or abuse any person or organization, or, in a reasonable person’s view, otherwise offensive;
- profanity or use of derogatory or excessively graphic language;
- any content that may harm minors;
- disseminating or advocating in any way hate, intolerance, bigotry, discrimination, harm, racial or ethnic hatred, violence, crime or war;
- promoting the use of alcohol, tobacco or any narcotic, harmful or illegal substances, activities, firearms;
- upload or transmit (or attempt to upload or transmit) files that contain viruses, adware, spyware, Trojan horses, worms, time bombs, cancelbots, corrupting and corrupted files or data, interference, cheat software, or other malicious code or any other similar software or programs that may damage the operation of the Service or other users’ devices;
- violate the contractual, personal, intellectual property or other rights of us, our users, or any other third parties, 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;
- infringing rights of privacy or publicity, unlawful provision/disclosure of information (insider information, confidential information, any personal or proprietary information of another user or any other person or otherwise invading other person privacy);
- information that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, business solicitations or any other form of duplicative, repetitive or unsolicited messages, whether commercial or otherwise;
- use the Services for any improper, fraudulent, illegal, or unauthorized purpose, violate (or encourage any conduct that would violate) any law or regulations or give rise to civil liability, or promote, engage, contribute or encourage any illegal activity or activity that violates others’ rights including, but not limited to, hacking, cracking, cheats for the Service or distribution of counterfeit software;
- any other kind of content or behavior in connection with the use of the Services that is either illegal, unlawful or unacceptable under the generally accepted moral rules.
3. You agree not to use any Services to:
- disable, overly burden, impair, or otherwise interfere with servers or networks connected to Services (e.g., a denial of service attack);
- disable, interfere with, or circumvent any security feature or measure of the Services (including but not limited for protection of intellectual property rights) or any feature that restricts or enforces limitations on the use, copying of or access to the Services or their part;
- use the Services in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction;
- attempt to obtain passwords or other private information from other members or to collect information or data regarding other users, including usernames and e-mail addresses, by electronic or other means, post and/or make available to the public any other user’s personal information in the Services without their consent (e.g., using harvesting bots, robots, spiders, or scrapers);
- 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 or entity, including without limitation, an Malpa Games employee, or express or imply that we endorse any statement you make;
- use or take part in the use of any unauthorized third-party software (including but not limited any automatic or manual device or process) designed to modify or interfere with Service and/or any Malpa Games Games, except to remove our Games from your device;
- use any meta tags, "hidden text," agents, robots, scripts, spiders, crawlers or other tools or means, whether manual or automated, to collect, retrieve, scrape, index, mine, republish, redistribute, transmit, sell, license, download, access or manage any information from the Services or any other user of the Services;
- participate in any activities and/or perform any actions that, in our sole opinion, lead to, result in, or may result in an authorized user of the Games being defrauded of Virtual Items and/or Virtual Currency that user has “earned” through authorized gameplay and/or purchased in the Games;
- commit actions with the purpose of obtaining an illegal advantage over other users;
- attempt to gain unauthorized access to the Services or servers or networks connected to Services (e.g., through password mining);
- post to or transmit through the Services any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us;
- engage in cheating or any other fraudulent activity deemed by us to be in conflict with the spirit of the Games;
- interfere with another user’s use and enjoyment of any Services;
- commit actions that otherwise lead or may lead to disruption of the normal operation of the Services;
- assist or permit any persons in violating these Terms or other applicable laws or rules governing the use of the Services.
4. Any download, use, access or otherwise export or re-export of our Services shall be in compliance with all relevant international, U.N., USA or EU sales, export or import restrictions and regulations and you agree to comply with them. You represent and warrant that (i) you are not located in a country or region that is subject to the U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; (ii) You are not listed on any list of prohibited or restricted parties such as the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied person List or Entity List, or the EU consolidated sanctions list with designated persons; (iii) You comply with relevant U.N. and EU sanctions and embargoes; and (iv) you are solely responsible for compliance with all applicable laws, including without limitation export and import regulation.
5. 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.
12. Suspension and Termination of the Services and Account- Please notice, that we reserve the right to terminate providing Services or any part of it to any user and/or terminate these Terms without any notice and in our sole discretion at any time. This means that we may suspend or discontinue your access to our Services at our sole discretion.
- We reserve the right to change the order of functioning, limit, suspend, terminate, manage, change, modify, reset and completely delete Accounts. WE MAY DELETE OR TERMINATE ACCOUNTS THAT ARE INACTIVE (I.E., NOT LOGGED INTO) FOR 180 DAYS.
- If we have reasonable ground to believe that you are in breach of these Terms, we may terminate these Terms with or without notice. Without limiting any other remedies, Malpa Games may change the order of functioning, limit, suspend, terminate, manage, change, modify, reset and completely delete Accounts or access to the Service or portions thereof and prohibit access to the Services or any portion of it 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.
- Malpa Games reserves the right to stop offering and/or supporting the Services or a particular Game or part of the Services at any time either permanently or temporarily, at which point your license (rights granted hereunder) to use the Services 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 Services or other enhancement thereto.
- By exercising any of these rights specified in this Section (including but not limited upon any such termination of these Terms, your Account, or your access to the Services), we are not obliged to provide any refunds, benefits or any other compensation to you and we are not liable to you or to any third party. You can lose your user name and persona as a result of any such termination or limitation, as well as any benefits, privileges, Virtual Items and/or Virtual Currency “earned” and/or purchased and subscription associated with your use of the service, and Malpa Games is under no obligation to compensate you for any such losses or results. Any kind of suspension, termination or discontinuation does not set any basis to waive any kind of our rights set forth in these Terms.
- Upon any such termination of these Terms, your Account, or your access to the Services, (i) you must destroy all materials that are part of the Services obtained from the Services and all copies thereof; (ii) you will immediately cease all use of and access to the Services; (iii) any User Content you have posted or submitted may remain on our Services indefinitely, however, we may delete or disable access to any of your User Content at any time at our sole discretion; (iv) we may delete your Account at any time; (v) your in-game progress and any other Game-related data may be deleted. You agree that if your use of the Services is terminated pursuant to these Terms, you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore. Your use of the Services after termination will be a violation of this Section, which survives any termination.
13. Intellectual Property/Ownership/Copyright Policy- All materials that are part of the Services (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 Services may be modified, copied, distributed, framed, reproduced, republished, performed, 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.
- You may download or print one copy of specific materials that are part of the Services made available for your downloading or printing for your personal, non-commercial home use, subject to your compliance with these Terms and retain the same solely for as long as you continue to be permitted to access the Services. To use materials that are part of the Services under such an exception, you must (1) keep any trademark, copyright, or other proprietary notices intact, (2) use such materials that are part of the Services pursuant to any licenses associated with such materials, (3) not copy or post such materials that are part of the Services on any networked computer or broadcast it in any media, (4) make no modifications to any such materials that are part of the Services, and (5) make no additional representations or warranties relating to such materials that are part of the Services.
- 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.
- If you wish to use our software, title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features or other content owned by us, you must obtain written permission from us. Permission requests may be sent to legal@malpagames.com.
- You may not copy or use all or any materials that are part of the Service for any artificial intelligence purposes. In particular, you may not use all or any materials that are part of the Service to develop, create, prompt, train, improve or enhance any deep learning, machine learning or other artificial intelligence application, including any convolutional neural network, whether for commercial or non-commercial purposes. You may not make screen captures or videos of gameplay or use text and data mining, web crawling, screen scraping or similar data gathering methods to create datasets that are used to train an AI model or for model validation or testing.
- You shall not engage in unauthorized framing, mirroring, or linking to the Services without our express written consent. You are granted a limited, non-exclusive right to create text hyperlinks to the Services for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking site does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising or otherwise constituting Unacceptable Content. Additionally, notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in a website's root directory, we grant to the operators of public search engines permission to use spiders to copy materials that are part of the Services from our website for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials that are part of the Services, but not caches or archives of such materials that are part of the Services. We may revoke these permissions at any time.
- 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, you may request removal of those materials (or access thereto) from our Services by contacting us via legal@malpagames.com and providing the following written information:
- identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., game page) of an authorized version of the work;
- identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material;
- 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 by the copyright owner, its agent, or the law;
- 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 or a signature or the electronic equivalent from the copyright holder or authorized representative.
9. In an effort to protect the rights of copyright owners, Malpa Games, including upon complaint from the copyright owner, reserves the right to immediately block an user Account until the user's rights to the specified materials are confirmed. Malpa Games also maintains a policy for the termination, in appropriate circumstances, of users who are repeat infringers.
10. However, by virtue of these Terms, Malpa Games is not responsible for the actions (inactions) of users in respect of the rights of third parties and does not undertake any obligation to compensate for damages incurred by users to third parties.
14. Disclaimers of Warranties/Limitations/Waivers- DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND ARE PROVIDED ON AN ``AS IS" AND "AS AVAILABLE", INCLUDING ALL POSSIBLE DISADVANTAGES, FAULTS AND ERRORS. WE, AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS, HEREBY EXPRESSLY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, OR AS TO THE OPERATION OF THIS WEBSITE OR THE SERVICES. WE DO NOT WARRANT AND EXCLUDE ALL LIABILITY AS TO THE COMPLETENESS, TIMELINESS, SAFETY, RELIABILITY, QUALITY AND ACCURACY OF OUR SERVICES, IN SPECIFIC PARTS AND THE CONTENT THEREOF IS INCLUDED, THE CONTENT OF ANY SITE LINKED TO THE SERVICES. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE, GAMES AND OTHER PARTS OF OUR SERVICES. IN CONNECTION WITH THESE, YOU AGREE THAT WE DO NOT ASSUME ANY RESPONSIBILITY FOR POSSIBLE HARM OR DAMAGE, SYSTEM ERRORS, LOSS OF ANY DATA IN RELATION TO ACCESSING OR USING 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 OR ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. YOU ALSO AGREE THAT WE ARE NOT RESPONSIBLE FOR THE STORAGE, PROVISION AND TRANSFER OF ANY DATA OR CONTENT RELATED TO THE OPERATION OF OUR SERVICES. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE PROVIDED ON A PERMANENT, ERROR-FREE AND CONTINUOUS BASIS, OR MEET YOUR PERFORMANCE AND REQUIREMENTS.
- WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES OR ANY PARTS THEREOF, OR ARISING OUT AS A RESULT OF UNAUTHORIZED OR ILLEGAL ACTIONS TOOK BY THIRD PARTIES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
- LIMITATIONS; WAIVERS OF LIABILITY; INDEMNIFICATION. YOU ACKNOWLEDGE AND AGREE THAT, IN THE BROADESTS SENSE, 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 THESE TERMS OR TO USE OF, OR INABILITY TO USE, THE SERVICES, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN, UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE), EQUITY OR OTHERWISE. YOU ACKNOWLEDGE AND AGREE THAT NEITHER THE MALPA GAMES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES (INCLUDING BUT NOT LIMITED OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ADVERTISERS, DATA PROVIDERS, SUPPLIERS, PARTNERS AND LICENSORS) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM, PERSONAL INJURY, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INTENTIONAL, RELIANCE, CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, INJURY, LOST PROFITABILITY, LOSS OF BUSINESS, LOSS OF PERFORMANCE, LOSS OF USE, LOSS OF PRIVACY, DETERIORATION OF HEALTH OR MENTAL STATE, DELAYS OR BUSINESS INTERRUPTIONS ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATIONS OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE, RELIANCE ON THE MATERIALS PRESENTED, IN ANY WAY WHATSOEVER ARISING OUT OF OR RELATING TO (i) THESE TERMS, (ii) ACCESSING OR INABILITY TO ACCESS OUR SERVICES; (iii) CONTENT SUPPLIED BY THIRD PARTIES WE COOPERATE WITH, INCLUDING BUT NOT LIMITED TO ADVERTISING NETWORKS, ANALYTICS SYSTEMS, PAYMENT SYSTEMS AND OUR USERS; (iv) CONTENT OBTAINED IN THE DURING OF USE OF BOTH OUR SERVICES IN GENERAL, AND OF THEIR SEPARATE PARTS; (v) UNAUTHORIZED ACCESS, USE OR ALTERATION OF MATERIALS OR CONTENT, REGARDLESS OF WHETHER WE HAVE EXPECTED ABOUT THE POSSIBILITY OF SUCH CONSEQUENCES AND DAMAGES OR COULD NOT SUPPOSE.
- 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 harm resulting 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, in oral, written, express or implied form, 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 or temporarily suspended without notice to you for security purposes, technical, system failures, repair, maintenance related reasons, whether on a scheduled or unscheduled, or other similar circumstances. You acknowledge and agree that you are not entitled to a refund or rebate related to such service interruptions. Additionally it is our right, not obligation, to make available to you any updates, supplements or subsequent versions of the Games and we do not warrant that any defects or errors will be corrected.
- 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, defend and hold us harmless, our affiliates, officers, directors, agents, shareholders, successors, assigns, contractors, licensors, suppliers and employees, from and against any and all expense, loss, costs, 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, or alleged to result from, or relating to any claim, demand, action, suit, arbitration, judgments or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising directly or indirectly out of or from (i) your breach of these Terms, (ii) your activities in connection with the Services, (iii) your use of any Game and other Services, (iv) the User Content or other information you provide to us through the Services, 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.
- We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Malpa Games. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
- You agree that the provisions in this Section will survive any termination of your Account or of the Services.
- 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.
15. Maximum LiabilityWITHOUT LIMITING SECTION 14, 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.
16. Notice- Any notice provided to Malpa Games pursuant to these Terms should be sent to legal@malpagames.com or our address: Spyrou Kyprianou, 78 Magnum Business Center, 3rd Floor, 3076, Limassol, Cyprus, unless we have provided a more specific method way of notifying us. Any attempted notice that does not follow these rules has no legal effect.
- When you use the Services or send communications to us through the Services, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Services. We may communicate with you by email or by posting notices on our website or Games or by using other ways of communication based on the contact information you provide to us. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting User Content, creating an Account, or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.
17.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, all provisions of these Terms, which, by their nature, should survive termination, shall survive termination, including, without limitation, all provisions of these Terms with regard to privacy, ownership, Intellectual Property Rights, authorized use, User Content, payments, subscriptions, links to third party websites, resources, or advertising, terminations, disclaimer of warranty, waivers, limitation of liability, indemnification, applicable law and severability, and dispute resolution and others that mentioned in these Terms.
18. Special Notice to Users- These Terms of Services are between you and Malpa Games only, not with App Stores like Apple App Store. 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 warranty obligation whatsoever with respect to the Games and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility. 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, privacy or similar legislation or (iv) claims that the Games infringe upon a third party's intellectual property rights.
- To the extent we are required to provide indemnification by applicable law, we and not App Store, shall be solely responsible for the investigation, defense, settlement and discharge of any third party claim that the Games or your possession and use of the Games infringes that third party‘s intellectual property rights.
- App Store and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of these Terms, App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.
19. Dispute Resolution and Severability- These Terms of Service shall be governed by and interpreted in accordance with the laws of the Republic of Cyprus, without regard to its conflict or choice of law rules.
- We want to address your concerns amicably without needing a formal legal case. While your right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of the Services, you are kindly asked to contact us at legal@malpagames.com. Most concerns may be quickly resolved in this manner. For any dispute with Malpa Games, you agree to first attempt to resolve the dispute with us informally to address any concerns you may have regarding your use of the Services. You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations. In the unlikely event that we cannot solve your concern and you wish to bring legal action against us, then that 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 or a portion thereof of these Terms is, for any reason, held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid, illegal or unenforceable provision will be deemed eliminated, limited or modified so that it is valid and enforceable to the maximum extent permitted by law so as to affect the intent of these Terms.
- 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.
20. 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.
- These Terms apply exclusively to your access to, and use of, the Services and does not alter in any way the terms or conditions of any other agreement you may have with us for products, services, programs or otherwise.
- Should we employ you, these Terms are not considered part of an employment contract or an offer for employment.
21. AssignmentWe may give, assign or delegate our rights and/or our obligations under these Terms and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent but taking into account your legitimate interests. Provisions about changes of these Terms will apply accordingly. The provisions of these Terms shall be binding upon assignees. You may not give, assign or delegate any rights or obligations under these Terms and/or Privacy Policy without our prior written consent, and any attempted assignment in violation of the foregoing will be null and void.