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Terms and Conditions
Welcome to the MOBU Games website (the "Website"), owned and operated by Macrospace Ltd. whose place of business is at 6 Wrights Lane, London W8 6TA. In these terms and conditions "we", "us" or "our" refers to Macrospace Ltd and "you" and "your" refers to you, the user of the Service.
These are the MOBU Games general terms and conditions governing your access and use of this Website, all content contained on the Website and the games download service (collectively "the Service") These terms and conditions include all information, instructions or requirements relating to the Service provided by Macrospace, whether on the Website or otherwise.
Your access and use of the Service is subject to these terms and conditions without modification by you. By accessing the Service you agree to be bound by all of these terms and conditions displayed on the Service at the time of your access. You should check these terms and conditions each time you revisit or use the Service as we may amend, update and/or modify these terms and conditions from time to time without notice to you.
You agree that Macrospace and their designees may in their sole discretion take other measures to prevent you from using the Service if they in their sole discretion consider that you have in any way violated these terms and conditions, without prejudice to any other accrued rights, and/or to make available such information/ material when required to do so by law or when requested by regulatory bodies or law enforcement organisations.
Please report any violations of the Macrospace terms and conditions.
1. COSTS AND REFUNDS
1.1 You must use a credit/debit card to pay for your purchase. When you provide credit card information to Macrospace, you represent that you are the authorized user of the credit card that is used to pay the fees.
1.2 You are responsible for paying the entire amount due on your purchase, including any applicable taxes.
1.3 Once your credit card has been authorized, processing can take up to 2 minutes, you will receive instructions on how to download your game. If the transmission is interrupted in any way you will initially receive a total of three attempts to download your game. If for any reason you cannot download the game please contact the Macrospace technical team at games@macrospace.com. Refunds shall be at the sole discretion of Macrospace management.
1.4 Macrospace reserves the right to vary the prices of the games from time to time. Such price variations will be posted on the Website prior to such variation taking place.
2. EQUIPMENT
2.1 You will need to provide all mobile phone equipment required to use the Service and you will be liable to pay your mobile phone network provider for all costs incurred using the Service.
2.2 You will need to provide all equipment necessary to access the Website on the World Wide Web and be liable for payment for the telephone call charges at the rates published by the telephone operator with whom you make your calls.
2.3 BY DOWNLOADING A GAME YOU CONFIRM THAT YOU UNDERSTAND THAT YOUR MOBILE PHONE MUST SUPPORT JAVA 2 MICRO EDITION ("J2ME") FOR THE SERVICE TO OPERATE. IF YOU ARE UNSURE WHETHER YOUR MOBILE PHONE SUPPORTS J2ME THEN YOU SHOULD CONSULT YOUR MOBILE PHONE HANDBOOK OR PHONE MANUFACTURER'S WEBSITE. WE CANNOT BE HELD RESPONSIBLE SHOULD YOU ATTEMPT TO DOWNLOAD A GAME ONTO AN INCOMPATIBLE PHONE AND YOU WILL BE CHARGED REGARDLESS.
2.4 BY DOWNLOADING A GAME YOU CONFIRM THAT YOU HAVE FIRST DOWNLOADED THE TEST APPLICATION TO CHECK YOUR MOBILE PHONE NETWORK OPERATOR'S COMPATIBILITY. WE CANNOT BE HELD RESPONSIBLE SHOULD YOU ATTEMPT TO DOWNLOAD A GAME VIA AN INCOMPATIBLE MOBILE PHONE NETWORK OPERATOR AND YOU WILL BE CHARGED REGARDLESS.
3. ACCEPTABLE USE OF THE SERVICE
You agree:
(a) not to interfere with, disrupt or damage the Service or servers or networks connected to the Service or do anything that may interrupt or impair its functionality.
(b) abide by all applicable laws, regulations and codes of conduct and to be solely responsible for all things arising from your use of the Service.
(c) respect the privacy of your fellow Internet and Service users.
(d) not to infringe any third party rights through your use of the Service including, without limitation, the intellectual property rights of others, and you further agree not to use in any way any of our trademarks or other intellectual property, or in any way to represent yourself or your site or the activities on your site as connected with us, without our express prior written consent.
(e) to acknowledge and accept these terms and conditions.
(f) not to copy, disclose, modify, reformat, display, distribute, license, transmit, sell, perform, publish, link to, reverse engineer or decompile (except to the extent expressly permitted by applicable law) or otherwise make available the content of the Website and the games except as set out in these terms and conditions.
4. LIABILITIES
4.1 You acknowledge that we do not examine or edit the use to which you or others put the Service or the nature of the content or information being accessed and that we are excluded from all liability of any kind arising from such content or information.
4.2 You agree that except for death or personal injury arising through our negligence or that of our employees, we shall not be liable whatsoever for any loss or damage relating to the Service including, without limitation, the use or inability to use the Service. You will remain responsible and liable for material you access from the Service, and you will indemnify us in the manner set out below in these terms and conditions in relation to your accessing.
4.3 While we will take all reasonable steps to ensure a fast and reliable service, we will not be held responsible for the security of the Service or for any disruption of the Service however caused, loss of or corruption of any material in transit. The Service is provided to you through a variety of telecommunications systems and we are unable to guarantee an error free use of, or access to any part of the Service.
4.4 We will use our reasonable endeavours to ensure that the information on this Service is accurate at the time of its inclusion, but your access to the Service, and any action that you carry out on the basis of data you obtain from or via the Service is carried out entirely at your own risk and we accept no liability for any losses that you may suffer as a result.
5. LIMITED WARRANTY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, MACROSPACE DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, ITS SATISFACTORY QUALITY OR ITS FITNESS FOR A PARTICULAR PURPOSE REGARDLESS OF WHETHER MACROSPACE KNEW OR HAD REASON TO KNOW OF YOUR PARTICULAR NEEDS. IN PARTICULAR WE MAKE NO WARRANTY WHATSOEVER FOR THE USABILITY, RELIABILITY, EFFICACY, ANY VIRUS-FREE NATURE, AND BINARY CODE, TEXT OR AVAILABILITY OF THE GAMES.
6. LIMITED REMEDY
6.1 If you are dissatisfied with any part of the Service to the extent permitted by applicable law, the entire liability of Macrospace and your sole and exclusive remedy for breach of this agreement shall be, at Macrospace's option, either:
(a) return of price you paid for that part of the Service you are dissatisfied with, or
(b) repeat of delivery of the game.
6.2 TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MACROSPACE BE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM THE USE OR INSTALLING OR THE INABILITY TO USE OR INSTALL A GAME (EVEN IF MACROSPACE HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY.
7. INDEMNITY
You irrevocably agree to indemnify us fully and to keep us indemnified and any of our officers, employees and agents from and against all and any expenses, losses, liabilities, damages, costs or expenses (including legal costs) whether or not reasonably or otherwise foreseeable or avoidable incurred or suffered by us and any claims or legal proceedings which are brought or threatened, in each case arising from your use of, connection with or conduct on, the Service and/or a breach of these terms and conditions.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 The Service is for your personal, non-commercial use only, save where expressly provided, and you agree not to distribute or commercially exploit the Service for yourself or through or by way of assistance to any third party.
8.2 All intellectual property rights, including without limitation copyright, in the content provided to you by us on the Website or in the Service, vests in us (or is expressly licensed to us). You may only make a copy of this content for your personal non-commercial use provided that you keep all copyright and other proprietary notices intact and you agree not to link, modify, reproduce, republish, upload, post, distribute or otherwise transmit or use the content provided by us in any way without our prior written consent. If you wish to use any material on this Website please contact us at info@macrospace.com and we will let you know on what terms, if any, you may be able to use the same.
8.3 The games are protected by national copyright laws. By this agreement you are licensed to use the games on your mobile phone but for no other use. You may not make copies or alter or modify the games. You may not send or distribute a game or make copies of it to any third parties.
8.4 As a part of Macrospace's high quality products Macrospace has used and is using its best endeavours to secure the rights of the copyright holders. However, due to the global nature of the Internet and Macrospace's business and the national differences in copyright laws Macrospace cannot guarantee that the use of the game under your applicable law by you does not infringe copyright or other intellectual property rights according to your applicable law. By accepting the terms of this agreement you confirm that you have the right to use the game but Macrospace shall not be responsible in any way for any fees, reimbursements, charges, fines or other amounts that you may be obligated to pay for the use of the game under applicable law.
9. TERMINATION
We may terminate the Service, or restrict your access to it, and remove and discard any content without prejudice to any other accrued rights, without prior notice to you for any reason including, without limitation, where: (i) there is a regulatory or statutory change limiting our ability to provide the Service; (ii) any event beyond our reasonable control prevents us from continuing the Service (for example, and without limitation, technical difficulties, capacity problems and communications failures); (iii) we consider in our sole discretion that you are abusing the Service or are otherwise acting in breach of these terms and conditions. Such termination will not affect any of your accrued liabilities incurred prior to such termination.
10. SERVICES SUBJECT TO CHANGE
We may from time to time provide extra services or attributes to the Service, which may be subject to a charge. Details of these will be posted on the Website.
11. GOVERNING LAWS AND MISCELLANEOUS PROVISIONS
11.1 These terms and conditions are governed by and construed in accordance with the laws of England and Wales and you hereby submit to the non-exclusive jurisdiction of the English courts.
11.2 These terms and conditions form the entire understanding between you and us relating to the use of the Service and supersede all previous agreement between us relating to the use of the Service. If any provision of these terms and conditions are held by a court of competent jurisdiction to be contrary to the law then such provisions shall be construed as far as possible to reflect the intention of the parties with the other provisions remaining in full force and effect.
11.3 Our failure to exercise any particular right or provision of these terms and conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us to you in writing.
11.4 The rights and obligations set out in these terms and conditions are personal to you and us and the Contracts (Rights of Third Parties Act) Act 1999 shall not apply to the agreement between us formed by these terms and conditions.
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