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Important: Please read the Terms of Use and the Privacy Policy carefully before continuing to use this game, Mango Mischief.
Terms of Use
Photosensitivity Warning: This game features certain images which include flashing lights and other visual patterns which may trigger seizures for those with photosensitivity issues. Even if you don’t have a history of seizures, this condition may be undiagnosed and can be triggered by these visuals in the game.
If you experience any lightheadedness, altered vision, eye twitching, or other symptoms while playing the game, please immediately stop playing and consult a doctor.
Binding Arbitration: Section 19 of this Terms of Use Agreement contains a binding arbitration clause and class action waiver. If you live in the United States, this Section affects your rights about how to resolve disputes that you may have with us.
This Terms of Use (the “Agreement”) applies to the “Mango Mischief” video game (the “Service”), provided by Acute Mango LLC (“Acute Mango”).
1. Acceptance of Terms
By continuing to use the Service, you agree as follows:
1.1. You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
1.2. You will use the Service in accordance with applicable laws and regulations and in accordance with the terms and conditions in this Agreement as it may be amended by Acute Mango from time to time; and
1.3. You understand, accept, and have received this Agreement and its terms and conditions, and acknowledge and demonstrate that you can access this Agreement.
If you do not agree with the terms and conditions in this Agreement, please discontinue all further use of the Service.
2. Acute Mango’s License to You
Acute Mango grants you a single, non-exclusive, non-transferable, and limited personal license to access and use the Service. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Service and, if you sell or otherwise transfer a device on which any part of the Service is installed to a third party, you must remove the Service from such device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Service).
3. Messages from Acute Mango
You understand that you may receive business-related communications from Acute Mango through the Service or through email, such as product and other announcements, and administrative notices. You agree that these communications are not “unsolicited commercial email advertisements” and you agree to receive them.
Marketing-related email messages will be accompanied by instructions for opting out.
4. Third-Party Platforms
Even though you may have purchased or licensed the Service through a third-party platform, such as Valve’s Steam platform, and others (each, a “Third-Party Platform”), none of the Third-Party Platforms or their owners are a party to this Agreement and they have no obligations to you in connection with the Service.
5. Your Account
5.1. Account Creation. You need to connect a third-party account to use the Service (your “Account”). You may only create an Account if you are at least 13 years old. If you are at least 13 years of age but still a minor in your jurisdiction, your parent or legal guardian must set up an Account with us for you to access and use the Service.
You are solely responsible for the activity that occurs on your Account. You agree to keep your Account and devices secure and to notify Acute Mango immediately of any breach of security or unauthorized use of your Account.
5.2. Accurate Information. When creating your Account, you promise to provide accurate information related to your Account. You promise to keep this information updated so that it is accurate at all times.
5.3. Suspension of Accounts. Acute Mango may, at our sole discretion, suspend or terminate your Account or your access to the Service should your conduct, in our sole determination, fail to conform with this Agreement or for any other reason.
5.4. Your Username. Acute Mango may force you to change any of your screen names if (i) it is the name of another person, with the intent to impersonate that person, (ii) it incorporates the rights of a third party without appropriate authorization, or (ii) Acute Mango deems it unacceptable by community standards, at Acute Mango’s sole discretion. Users additionally agree that their usernames:
• will not be vulgar or insulting;
• will not have sexual or pornographic connotations;
• will not resemble or imitate a registered trademark or other term protected by intellectual property laws;
• will not to promote a commercial service; and
• will not to be spelled or spelled alternatively for the purpose of circumventing the rules imposed above.
5.5. Account Privacy. You agree that there is no expectation of privacy in connection with your interactions with other users in and through the Service. You further agree that the contents of any messages or other communication sent from your Account, whether in or through chats, forums, direct user-to-user communication, or by other means, may be accessed, reproduced, or distributed by Acute Mango as it sees fit. Acute Mango will fully cooperate with law enforcement and other governmental entities in policing the content of the Service.
5.6. No Account Purchases and Transfers. You may not buy, sell, give, or trade any Account, nor attempt to buy, sell, give, or trade any Account. Acute Mango owns, has licensed, or otherwise has rights to all the content that appears in-Service, including Accounts.
6. Support Services
Acute Mango may, in its sole discretion, provide you with customer and technical support services related to the Service (“Support Services”). Acute Mango is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will be a default of Acute Mango under this Agreement. Any supplemental software code provided to you as part of the Support Services will be treated as part of the Service, and as between you and Acute Mango will be and remain the sole property of Acute Mango and will be subject to the terms and conditions of this Agreement.
Acute Mango customer support may be reached by contacting mangomischiefvideogame@gmail.com. None of the Third-Party Platforms or their owners have any obligation whatsoever, under any circumstances, to provide Support Services with respect to the Service. You agree that you will look solely to Acute Mango in connection with Support Services.
7. Modification, Termination, and Monitoring of the Service
Acute Mango reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with or without notice at any time. You agree that Acute Mango will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
Acute Mango reserves the right to monitor use of the Service to determine compliance with this Agreement, as well as the right to edit, refuse to post, or remove any Content, information, or materials, in whole or in part, at our sole discretion. We reserve the right to refuse access to the Service to anyone, or terminate any Account, for any reason, at any time.
8. Security of Data Transmission and Storage
Electronic communications using the Service may not always be encrypted. You acknowledge that there is a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and Acute Mango or between you and other parties.
Acute Mango and its affiliates and agents are permitted, but not obligated, to review or retain your communications.
9. Hyperlinks
The Service may contain links to other sites and software applications, including through display advertisements (the “Linked Services”). Acute Mango does not control the Linked Services, and Acute Mango and its affiliates and agents make no representations whatsoever concerning the content, accuracy, security or privacy of those Linked Services. The fact that Acute Mango has provided a link to an external location is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Services, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and Acute Mango cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Acute Mango or its affiliates or agents liable for any loss or damage caused by use of or reliance on any content, goods, or services available on Linked Services.
10. Trademarks and Copyrights
The Service is owned by Acute Mango and is protected by United States copyright laws and international treaty provisions. All Service content, trademarks, services marks, trade names, logos, and icons are proprietary to Acute Mango or used under license from third parties. Nothing contained in the Service should be seen as granting any license or right to use any trademark displayed in the Service without the written permission of Acute Mango or such third party that may own the trademarks displayed in the Service. Your use of the trademarks displayed in the Service, or any other content in the Service, except as provided in this Agreement, is strictly prohibited.
Intellectual property displayed through the Service is either the property of, or used with permission by, Acute Mango. You are prohibited from using or authorizing the use of this intellectual property unless specifically permitted under the Agreement. Any unauthorized use of this intellectual property may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.
11. Disclaimer of Warranties
Your use of the Service is entirely at your own risk.
The Service is provided by Acute Mango on an as-is basis. Acute Mango expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Acute Mango makes no warranty that (i) the Service will meet your requirements, (ii) that operation of the Service will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the Service will be accurate or reliable.
No advice or information, whether oral or written, obtained by you from Acute Mango, or through the Service creates any warranty regarding the Service not expressly stated in this Agreement.
To the maximum extent permitted by applicable law, no Third-Party Platform is a party to this Agreement or your purchase or license of the Service. None of the Third-Party Platforms make any warranties, or assume any warranty or other obligations with respect to: (i) the Service, or (ii) any claims, losses, liabilities, damages, costs, or expenses attributable to the Service, including any warranties arising from claims of infringement of intellectual property or personal rights, products liability, or failure of the Service to perform, execute, or conform to any standard.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
12. Limitation of Liability
You expressly understand and agree that neither Acute Mango nor any Third-Party Platform is liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goods, goodwill, use, data, or other intangible losses (even if Acute Mango or the Third-Party Platform has been advised of the possibility of such damages), resulting from the use or the inability to use the Service or any other matter relating to the Service.
You hereby expressly and irrevocably waive, and agree never to assert any claims against any Third-Party Platform that you may have under any theory of law or equity anywhere in the world, in connection with rights licensed under this Agreement, your possession or use of the Service, or the content of the Service. Any claims arising out of the Service are subject to the limitations set forth in this Agreement and may be brought only against Acute Mango, as described in Sections 18 and 19 below.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Acute Mango and its affiliates will be limited to the fullest extent permitted by law.
13. Indemnification
You agree to indemnify and hold Acute Mango and its affiliates, officers, agents, and employees harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person or entity arising out of your violation of this Agreement, state or federal laws or regulations, or any other person’s rights, including infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, including any negligent act, will Acute Mango or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the Service.
14. Your Personal Information
Certain personal and other information that we collect, process, and share is subject to our Privacy Policy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed from time to time. You agree that your use of the Service is subject to the Privacy Policy.
15. Disclosures Required by Law
Acute Mango reserves the right to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process, or governmental request. Acute Mango reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Acute Mango to disclose the identity of any user believed to be in violation of this Agreement.
By accepting this Agreement, you waive all rights and agree to hold Acute Mango harmless from any claims resulting from any action taken by Acute Mango during or because of its investigations or from any actions taken as a consequence of investigations by either Acute Mango or law enforcement authorities.
16. Legal Compliance
By using the Service, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
17. Third-Party Beneficiary
You acknowledge and agree that the Third-Party Platforms are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, any of the foregoing third parties will have the right (and will be deemed to have accepted the right) to enforce this Agreement as a third-party beneficiary.
18. Governing Law; Mediation; Jurisdiction
The Agreement, and all future agreements you enter into with Acute Mango, unless otherwise indicated on such other agreement, will be governed by the laws of the State of New Jersey. This is the case regardless of whether you reside or transact business with Acute Mango, or any of its affiliates or agents, in the State of New Jersey or elsewhere. Unless a dispute would be governed by the terms of Section 19 below, you agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Branchburg, New Jersey, United States.
For EU users only: In the event of a dispute relating to the interpretation, performance, or validity of this Agreement, an amicable solution can be sought before any legal action. You can file your complaint with Acute Mango by sending a message via email to mangomischiefvideogame@gmail.com. In case of failure, you can, within one year of the failed request, have recourse to an Alternative Dispute Resolution procedure by filing an online complaint on the European Commission’s Online Dispute Resolution website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. In the event that out-of-court dispute resolutions fail, the dispute may be brought before the competent courts.
19. Binding Arbitration
Any dispute or claim relating in any way to your use of the Service (each, a “Claim”) will be resolved by binding arbitration, rather than in court (except that you may assert claims in small-claims court if your claims qualify). You agree that each Claim must be brought individually.
YOU AND ACUTE MANGO AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION MAY BE JOINED WITH ANY OTHER ARBITRATION.
The Federal Arbitration Act and federal arbitration law apply to this Agreement and this binding arbitration clause.
Arbitration is a process with no judge or jury – an arbitrator will review the arguments in the dispute and award damages and other relief just like a court would. The arbitrator must follow this Agreement as a court otherwise would. Court review of the arbitration award is limited under the Federal Arbitration Act.
To start an arbitration, you must send an email to mangomischiefvideogame@gmail.com describing your Claim and requesting arbitration, or we may do the same by sending a written notice requesting arbitration to your address. The proceedings will be conducted through JAMS, using their Streamlined Arbitration Rules and Procedures. You can view these rules at jamsadr.com or by calling 800-352-5267. The payment of the initial filing fees will be made by the party filing the Claim, and any other filing and other fees will be apportioned as directed by the JAMS rules. The arbitration will take place in Branchburg, New Jersey, United States, unless the Parties agree to video, phone, or internet connection appearances.
Except as otherwise set forth below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Acute Mango will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given (including any attorneys’ fees and costs awarded), and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based.
Notwithstanding the terms of this Section, either of us may bring a lawsuit in court for equitable relief, for any misuse or infringement of intellectual property rights, or for any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use of the Service.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND ACUTE MANGO WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
You and Acute Mango agree that if any portion this Section is found illegal or unenforceable, that portion will be severed, and the remainder of the Section will be given full force and effect.
20. Miscellaneous Terms
20.1. Agreement Revisions. This Agreement may only be revised in writing by Acute Mango, or by Acute Mango’s publication of a new version on the Service.
20.2. Force Majeure. Acute Mango is not liable for any delay or failure to perform resulting from causes outside the reasonable control of Acute Mango, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Acute Mango’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
20.3. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Acute Mango because of this Agreement or your use of the Service.
20.4. Assignment. Acute Mango may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without Acute Mango’s prior written consent, and any unauthorized assignment by you will be null and void.
20.5. Severability. If any part of this Agreement is determined to be void, invalid or unenforceable, then that portion will be severed, and the remainder of the Agreement will be given full force and effect.
20.6. Attorneys’ Fees. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation will be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
20.7. No Waiver. Our failure to enforce any provision of this Agreement will in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement will not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.
20.8. Equitable Remedies. You hereby agree that Acute Mango would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
20.9. Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and Acute Mango with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and Acute Mango with respect to the Service.
Privacy Policy
1. What’s in this Privacy Policy?
In this Privacy Policy, you’ll find:
• What information we collect about you
• How we might use that information
• What information we might share with others
• Your rights and choices about that information
2. What does this Privacy Policy cover?
We are Acute Mango LLC. In this document, we will refer to ourselves as “Acute Mango,” “we,” or “us.” We will refer to you and any other users as “you.”
In this Privacy Policy, we will cover the products and services that we offer to you, including the “Mango Mischief” video game. We’ll refer to this as the “Service.”
By using the Service, you agree to the terms of this Privacy Policy. Please read our Terms of Use, as well, for general guidance about your use of the Service. Except as otherwise expressly agreed, this Privacy Policy and our Terms of Use are the complete agreement between you and Acute Mango.
3. What types of personal data do we collect?
Below you’ll find details about the types of personal data we collect from you and how we use it. We call this “processing” your data.
We’ll also tell you the reason for processing that data, which is known as our “legal basis.”
When you use the Service, we collect certain Contact Information, specifically your full name and email address. We collect this to contact you for technical and customer support, to send surveys, and gather user feedback. The collection is necessary to fulfill a contract with you, under GDPR Art. 6 (1) (b).
Otherwise, we do not collect and process any of your personal information through the Service. We don’t share your personal information with any third parties in providing the Service, either.
However, we may need to share your personal data in a few situations:
• To follow the law, a court order, or orders from government agencies
• To detect and combat fraud or security issues
• To protect the Service, our employees, and our business’s rights or safety
Other than that, we will not share your personal data with anyone else.
4. How long do we keep your personal data?
We only keep your personal data as long as it’s required to provide you with the Service. Sometimes a longer period might be required by law.
After that, we will delete your personal data within a reasonable time.
Please note that we may retain some data, if necessary to:
• resolve disputes,
• enforce our user agreements,
• follow any technical and legal requirements related to the Service.
5. Children’s privacy rights
We don’t knowingly collect any personal data from children under the age of 13. We also don’t knowingly allow them to create accounts, sign up for newsletters, make purchases, or use the Service.
We may also limit our personal data processing for EU users between 13 and 16.
We take children’s privacy seriously and encourages parents to play an active role in their children’s online experience. If you have any concerns about your child’s personal data, please contact us at mangomischiefvideogame@gmail.com.
6. Transfers of your personal data
Our headquarters is in the United States.
No matter where you live, by using the Service you consent to the processing and transfer of your personal data in and to the United States.
The laws of the United States governing data collection and use may not be as comprehensive or protective as the laws of the country where you live.
If you would like more information, please contact us (see “How to contact us” below).
7. EU residents’ rights
We are regulated under the General Data Protection Regulation (GDPR), which applies across the European Union (including in the United Kingdom). We are responsible as a controller of personal data for GDPR purposes.
Your rights as an EU resident:
Under the GDPR, EU residents have several important rights:
• You can request a copy of your personal data
• You can ask us to correct that personal data, delete it, or request that we use it only for certain purposes.
• If you’ve consented to our processing, you can change your mind and ask us to stop using your personal data. For example, you can unsubscribe from our mailing list at any time – just click the link in each marketing email.
• In some circumstances, you can ask us not to use automated processing or profiling about you.
If you would like to exercise any of those rights, please email us at mangomischiefvideogame@gmail.com. We may ask for additional info to verify that you’re the owner of that data.
Also, in some cases where the law requires it, we may not be able to help with the above requests.
8. Brazilian residents’ rights
We are regulated under the Lei Geral de Proteção de Dados (“LGPD”), which applies to Brazilian residents.
Under the LGPD, Brazilian residents have several important rights:
• Know when we use your personal data
• Access your personal data, correct any errors, or delete your personal data
• Anonymize, block, or delete data that we don’t need or are not processing in compliance with the LGPD
• Request we transfer your data to another provider
• Be informed about who we share your data with
• Be informed about your ability to deny consent and any consequences
• To revoke your consent
These rights apply to any personal data collected or processed in Brazil, as well as any personal data processed for the purpose of providing goods or services in Brazil.
If you would like to exercise any of those rights, please email us at mangomischiefvideogame@gmail.com. We may ask for additional info to verify that you’re the owner of that data.
9. How do we protect personal data?
We have taken steps and put security measures in place to prevent the accidental loss or misuse of personal data.
For example, we limit access to those who have a genuine business need. Those processing your information will do so only in an authorized manner.
We use other security measures, as well, including:
• Anti-virus software
• Firewall
• Regular backups
If you have any questions regarding our security measures, please contact us at mangomischiefvideogame@gmail.com.
10. Resolving Disputes
We hope that we can resolve any questions or concerns you raise about our use of your personal data.
Please contact us at mangomischiefvideogame@gmail.com to let us know if you have questions or concerns. We will do our best to resolve the issue.
For EU residents, the GDPR also gives you right to lodge a complaint with a supervisory authority. You may do this in the EEA state where you live, work, or where any alleged infringement occurred.
11. How will we notify you of changes?
We last updated this Privacy Policy on July 12, 2021.
We may make further updates from time to time. If we have your email address on file, we will inform you via email. Otherwise, we will post a message on the Service about the change.
12. How to contact us
Please contact us if you have any questions about this Privacy Policy or your personal data.
You can do so by sending us an email at mangomischiefvideogame@gmail.com.
Terms of Use
Photosensitivity Warning: This game features certain images which include flashing lights and other visual patterns which may trigger seizures for those with photosensitivity issues. Even if you don’t have a history of seizures, this condition may be undiagnosed and can be triggered by these visuals in the game.
If you experience any lightheadedness, altered vision, eye twitching, or other symptoms while playing the game, please immediately stop playing and consult a doctor.
Binding Arbitration: Section 19 of this Terms of Use Agreement contains a binding arbitration clause and class action waiver. If you live in the United States, this Section affects your rights about how to resolve disputes that you may have with us.
This Terms of Use (the “Agreement”) applies to the “Mango Mischief” video game (the “Service”), provided by Acute Mango LLC (“Acute Mango”).
1. Acceptance of Terms
By continuing to use the Service, you agree as follows:
1.1. You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
1.2. You will use the Service in accordance with applicable laws and regulations and in accordance with the terms and conditions in this Agreement as it may be amended by Acute Mango from time to time; and
1.3. You understand, accept, and have received this Agreement and its terms and conditions, and acknowledge and demonstrate that you can access this Agreement.
If you do not agree with the terms and conditions in this Agreement, please discontinue all further use of the Service.
2. Acute Mango’s License to You
Acute Mango grants you a single, non-exclusive, non-transferable, and limited personal license to access and use the Service. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Service and, if you sell or otherwise transfer a device on which any part of the Service is installed to a third party, you must remove the Service from such device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Service).
3. Messages from Acute Mango
You understand that you may receive business-related communications from Acute Mango through the Service or through email, such as product and other announcements, and administrative notices. You agree that these communications are not “unsolicited commercial email advertisements” and you agree to receive them.
Marketing-related email messages will be accompanied by instructions for opting out.
4. Third-Party Platforms
Even though you may have purchased or licensed the Service through a third-party platform, such as Valve’s Steam platform, and others (each, a “Third-Party Platform”), none of the Third-Party Platforms or their owners are a party to this Agreement and they have no obligations to you in connection with the Service.
5. Your Account
5.1. Account Creation. You need to connect a third-party account to use the Service (your “Account”). You may only create an Account if you are at least 13 years old. If you are at least 13 years of age but still a minor in your jurisdiction, your parent or legal guardian must set up an Account with us for you to access and use the Service.
You are solely responsible for the activity that occurs on your Account. You agree to keep your Account and devices secure and to notify Acute Mango immediately of any breach of security or unauthorized use of your Account.
5.2. Accurate Information. When creating your Account, you promise to provide accurate information related to your Account. You promise to keep this information updated so that it is accurate at all times.
5.3. Suspension of Accounts. Acute Mango may, at our sole discretion, suspend or terminate your Account or your access to the Service should your conduct, in our sole determination, fail to conform with this Agreement or for any other reason.
5.4. Your Username. Acute Mango may force you to change any of your screen names if (i) it is the name of another person, with the intent to impersonate that person, (ii) it incorporates the rights of a third party without appropriate authorization, or (ii) Acute Mango deems it unacceptable by community standards, at Acute Mango’s sole discretion. Users additionally agree that their usernames:
• will not be vulgar or insulting;
• will not have sexual or pornographic connotations;
• will not resemble or imitate a registered trademark or other term protected by intellectual property laws;
• will not to promote a commercial service; and
• will not to be spelled or spelled alternatively for the purpose of circumventing the rules imposed above.
5.5. Account Privacy. You agree that there is no expectation of privacy in connection with your interactions with other users in and through the Service. You further agree that the contents of any messages or other communication sent from your Account, whether in or through chats, forums, direct user-to-user communication, or by other means, may be accessed, reproduced, or distributed by Acute Mango as it sees fit. Acute Mango will fully cooperate with law enforcement and other governmental entities in policing the content of the Service.
5.6. No Account Purchases and Transfers. You may not buy, sell, give, or trade any Account, nor attempt to buy, sell, give, or trade any Account. Acute Mango owns, has licensed, or otherwise has rights to all the content that appears in-Service, including Accounts.
6. Support Services
Acute Mango may, in its sole discretion, provide you with customer and technical support services related to the Service (“Support Services”). Acute Mango is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will be a default of Acute Mango under this Agreement. Any supplemental software code provided to you as part of the Support Services will be treated as part of the Service, and as between you and Acute Mango will be and remain the sole property of Acute Mango and will be subject to the terms and conditions of this Agreement.
Acute Mango customer support may be reached by contacting mangomischiefvideogame@gmail.com. None of the Third-Party Platforms or their owners have any obligation whatsoever, under any circumstances, to provide Support Services with respect to the Service. You agree that you will look solely to Acute Mango in connection with Support Services.
7. Modification, Termination, and Monitoring of the Service
Acute Mango reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with or without notice at any time. You agree that Acute Mango will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
Acute Mango reserves the right to monitor use of the Service to determine compliance with this Agreement, as well as the right to edit, refuse to post, or remove any Content, information, or materials, in whole or in part, at our sole discretion. We reserve the right to refuse access to the Service to anyone, or terminate any Account, for any reason, at any time.
8. Security of Data Transmission and Storage
Electronic communications using the Service may not always be encrypted. You acknowledge that there is a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and Acute Mango or between you and other parties.
Acute Mango and its affiliates and agents are permitted, but not obligated, to review or retain your communications.
9. Hyperlinks
The Service may contain links to other sites and software applications, including through display advertisements (the “Linked Services”). Acute Mango does not control the Linked Services, and Acute Mango and its affiliates and agents make no representations whatsoever concerning the content, accuracy, security or privacy of those Linked Services. The fact that Acute Mango has provided a link to an external location is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Services, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and Acute Mango cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Acute Mango or its affiliates or agents liable for any loss or damage caused by use of or reliance on any content, goods, or services available on Linked Services.
10. Trademarks and Copyrights
The Service is owned by Acute Mango and is protected by United States copyright laws and international treaty provisions. All Service content, trademarks, services marks, trade names, logos, and icons are proprietary to Acute Mango or used under license from third parties. Nothing contained in the Service should be seen as granting any license or right to use any trademark displayed in the Service without the written permission of Acute Mango or such third party that may own the trademarks displayed in the Service. Your use of the trademarks displayed in the Service, or any other content in the Service, except as provided in this Agreement, is strictly prohibited.
Intellectual property displayed through the Service is either the property of, or used with permission by, Acute Mango. You are prohibited from using or authorizing the use of this intellectual property unless specifically permitted under the Agreement. Any unauthorized use of this intellectual property may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.
11. Disclaimer of Warranties
Your use of the Service is entirely at your own risk.
The Service is provided by Acute Mango on an as-is basis. Acute Mango expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Acute Mango makes no warranty that (i) the Service will meet your requirements, (ii) that operation of the Service will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the Service will be accurate or reliable.
No advice or information, whether oral or written, obtained by you from Acute Mango, or through the Service creates any warranty regarding the Service not expressly stated in this Agreement.
To the maximum extent permitted by applicable law, no Third-Party Platform is a party to this Agreement or your purchase or license of the Service. None of the Third-Party Platforms make any warranties, or assume any warranty or other obligations with respect to: (i) the Service, or (ii) any claims, losses, liabilities, damages, costs, or expenses attributable to the Service, including any warranties arising from claims of infringement of intellectual property or personal rights, products liability, or failure of the Service to perform, execute, or conform to any standard.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
12. Limitation of Liability
You expressly understand and agree that neither Acute Mango nor any Third-Party Platform is liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goods, goodwill, use, data, or other intangible losses (even if Acute Mango or the Third-Party Platform has been advised of the possibility of such damages), resulting from the use or the inability to use the Service or any other matter relating to the Service.
You hereby expressly and irrevocably waive, and agree never to assert any claims against any Third-Party Platform that you may have under any theory of law or equity anywhere in the world, in connection with rights licensed under this Agreement, your possession or use of the Service, or the content of the Service. Any claims arising out of the Service are subject to the limitations set forth in this Agreement and may be brought only against Acute Mango, as described in Sections 18 and 19 below.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Acute Mango and its affiliates will be limited to the fullest extent permitted by law.
13. Indemnification
You agree to indemnify and hold Acute Mango and its affiliates, officers, agents, and employees harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person or entity arising out of your violation of this Agreement, state or federal laws or regulations, or any other person’s rights, including infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, including any negligent act, will Acute Mango or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the Service.
14. Your Personal Information
Certain personal and other information that we collect, process, and share is subject to our Privacy Policy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed from time to time. You agree that your use of the Service is subject to the Privacy Policy.
15. Disclosures Required by Law
Acute Mango reserves the right to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process, or governmental request. Acute Mango reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Acute Mango to disclose the identity of any user believed to be in violation of this Agreement.
By accepting this Agreement, you waive all rights and agree to hold Acute Mango harmless from any claims resulting from any action taken by Acute Mango during or because of its investigations or from any actions taken as a consequence of investigations by either Acute Mango or law enforcement authorities.
16. Legal Compliance
By using the Service, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
17. Third-Party Beneficiary
You acknowledge and agree that the Third-Party Platforms are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, any of the foregoing third parties will have the right (and will be deemed to have accepted the right) to enforce this Agreement as a third-party beneficiary.
18. Governing Law; Mediation; Jurisdiction
The Agreement, and all future agreements you enter into with Acute Mango, unless otherwise indicated on such other agreement, will be governed by the laws of the State of New Jersey. This is the case regardless of whether you reside or transact business with Acute Mango, or any of its affiliates or agents, in the State of New Jersey or elsewhere. Unless a dispute would be governed by the terms of Section 19 below, you agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Branchburg, New Jersey, United States.
For EU users only: In the event of a dispute relating to the interpretation, performance, or validity of this Agreement, an amicable solution can be sought before any legal action. You can file your complaint with Acute Mango by sending a message via email to mangomischiefvideogame@gmail.com. In case of failure, you can, within one year of the failed request, have recourse to an Alternative Dispute Resolution procedure by filing an online complaint on the European Commission’s Online Dispute Resolution website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. In the event that out-of-court dispute resolutions fail, the dispute may be brought before the competent courts.
19. Binding Arbitration
Any dispute or claim relating in any way to your use of the Service (each, a “Claim”) will be resolved by binding arbitration, rather than in court (except that you may assert claims in small-claims court if your claims qualify). You agree that each Claim must be brought individually.
YOU AND ACUTE MANGO AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION MAY BE JOINED WITH ANY OTHER ARBITRATION.
The Federal Arbitration Act and federal arbitration law apply to this Agreement and this binding arbitration clause.
Arbitration is a process with no judge or jury – an arbitrator will review the arguments in the dispute and award damages and other relief just like a court would. The arbitrator must follow this Agreement as a court otherwise would. Court review of the arbitration award is limited under the Federal Arbitration Act.
To start an arbitration, you must send an email to mangomischiefvideogame@gmail.com describing your Claim and requesting arbitration, or we may do the same by sending a written notice requesting arbitration to your address. The proceedings will be conducted through JAMS, using their Streamlined Arbitration Rules and Procedures. You can view these rules at jamsadr.com or by calling 800-352-5267. The payment of the initial filing fees will be made by the party filing the Claim, and any other filing and other fees will be apportioned as directed by the JAMS rules. The arbitration will take place in Branchburg, New Jersey, United States, unless the Parties agree to video, phone, or internet connection appearances.
Except as otherwise set forth below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Acute Mango will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given (including any attorneys’ fees and costs awarded), and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based.
Notwithstanding the terms of this Section, either of us may bring a lawsuit in court for equitable relief, for any misuse or infringement of intellectual property rights, or for any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use of the Service.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND ACUTE MANGO WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
You and Acute Mango agree that if any portion this Section is found illegal or unenforceable, that portion will be severed, and the remainder of the Section will be given full force and effect.
20. Miscellaneous Terms
20.1. Agreement Revisions. This Agreement may only be revised in writing by Acute Mango, or by Acute Mango’s publication of a new version on the Service.
20.2. Force Majeure. Acute Mango is not liable for any delay or failure to perform resulting from causes outside the reasonable control of Acute Mango, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Acute Mango’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
20.3. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Acute Mango because of this Agreement or your use of the Service.
20.4. Assignment. Acute Mango may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without Acute Mango’s prior written consent, and any unauthorized assignment by you will be null and void.
20.5. Severability. If any part of this Agreement is determined to be void, invalid or unenforceable, then that portion will be severed, and the remainder of the Agreement will be given full force and effect.
20.6. Attorneys’ Fees. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation will be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
20.7. No Waiver. Our failure to enforce any provision of this Agreement will in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement will not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.
20.8. Equitable Remedies. You hereby agree that Acute Mango would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
20.9. Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and Acute Mango with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and Acute Mango with respect to the Service.
Privacy Policy
1. What’s in this Privacy Policy?
In this Privacy Policy, you’ll find:
• What information we collect about you
• How we might use that information
• What information we might share with others
• Your rights and choices about that information
2. What does this Privacy Policy cover?
We are Acute Mango LLC. In this document, we will refer to ourselves as “Acute Mango,” “we,” or “us.” We will refer to you and any other users as “you.”
In this Privacy Policy, we will cover the products and services that we offer to you, including the “Mango Mischief” video game. We’ll refer to this as the “Service.”
By using the Service, you agree to the terms of this Privacy Policy. Please read our Terms of Use, as well, for general guidance about your use of the Service. Except as otherwise expressly agreed, this Privacy Policy and our Terms of Use are the complete agreement between you and Acute Mango.
3. What types of personal data do we collect?
Below you’ll find details about the types of personal data we collect from you and how we use it. We call this “processing” your data.
We’ll also tell you the reason for processing that data, which is known as our “legal basis.”
When you use the Service, we collect certain Contact Information, specifically your full name and email address. We collect this to contact you for technical and customer support, to send surveys, and gather user feedback. The collection is necessary to fulfill a contract with you, under GDPR Art. 6 (1) (b).
Otherwise, we do not collect and process any of your personal information through the Service. We don’t share your personal information with any third parties in providing the Service, either.
However, we may need to share your personal data in a few situations:
• To follow the law, a court order, or orders from government agencies
• To detect and combat fraud or security issues
• To protect the Service, our employees, and our business’s rights or safety
Other than that, we will not share your personal data with anyone else.
4. How long do we keep your personal data?
We only keep your personal data as long as it’s required to provide you with the Service. Sometimes a longer period might be required by law.
After that, we will delete your personal data within a reasonable time.
Please note that we may retain some data, if necessary to:
• resolve disputes,
• enforce our user agreements,
• follow any technical and legal requirements related to the Service.
5. Children’s privacy rights
We don’t knowingly collect any personal data from children under the age of 13. We also don’t knowingly allow them to create accounts, sign up for newsletters, make purchases, or use the Service.
We may also limit our personal data processing for EU users between 13 and 16.
We take children’s privacy seriously and encourages parents to play an active role in their children’s online experience. If you have any concerns about your child’s personal data, please contact us at mangomischiefvideogame@gmail.com.
6. Transfers of your personal data
Our headquarters is in the United States.
No matter where you live, by using the Service you consent to the processing and transfer of your personal data in and to the United States.
The laws of the United States governing data collection and use may not be as comprehensive or protective as the laws of the country where you live.
If you would like more information, please contact us (see “How to contact us” below).
7. EU residents’ rights
We are regulated under the General Data Protection Regulation (GDPR), which applies across the European Union (including in the United Kingdom). We are responsible as a controller of personal data for GDPR purposes.
Your rights as an EU resident:
Under the GDPR, EU residents have several important rights:
• You can request a copy of your personal data
• You can ask us to correct that personal data, delete it, or request that we use it only for certain purposes.
• If you’ve consented to our processing, you can change your mind and ask us to stop using your personal data. For example, you can unsubscribe from our mailing list at any time – just click the link in each marketing email.
• In some circumstances, you can ask us not to use automated processing or profiling about you.
If you would like to exercise any of those rights, please email us at mangomischiefvideogame@gmail.com. We may ask for additional info to verify that you’re the owner of that data.
Also, in some cases where the law requires it, we may not be able to help with the above requests.
8. Brazilian residents’ rights
We are regulated under the Lei Geral de Proteção de Dados (“LGPD”), which applies to Brazilian residents.
Under the LGPD, Brazilian residents have several important rights:
• Know when we use your personal data
• Access your personal data, correct any errors, or delete your personal data
• Anonymize, block, or delete data that we don’t need or are not processing in compliance with the LGPD
• Request we transfer your data to another provider
• Be informed about who we share your data with
• Be informed about your ability to deny consent and any consequences
• To revoke your consent
These rights apply to any personal data collected or processed in Brazil, as well as any personal data processed for the purpose of providing goods or services in Brazil.
If you would like to exercise any of those rights, please email us at mangomischiefvideogame@gmail.com. We may ask for additional info to verify that you’re the owner of that data.
9. How do we protect personal data?
We have taken steps and put security measures in place to prevent the accidental loss or misuse of personal data.
For example, we limit access to those who have a genuine business need. Those processing your information will do so only in an authorized manner.
We use other security measures, as well, including:
• Anti-virus software
• Firewall
• Regular backups
If you have any questions regarding our security measures, please contact us at mangomischiefvideogame@gmail.com.
10. Resolving Disputes
We hope that we can resolve any questions or concerns you raise about our use of your personal data.
Please contact us at mangomischiefvideogame@gmail.com to let us know if you have questions or concerns. We will do our best to resolve the issue.
For EU residents, the GDPR also gives you right to lodge a complaint with a supervisory authority. You may do this in the EEA state where you live, work, or where any alleged infringement occurred.
11. How will we notify you of changes?
We last updated this Privacy Policy on July 12, 2021.
We may make further updates from time to time. If we have your email address on file, we will inform you via email. Otherwise, we will post a message on the Service about the change.
12. How to contact us
Please contact us if you have any questions about this Privacy Policy or your personal data.
You can do so by sending us an email at mangomischiefvideogame@gmail.com.