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END-USER LICENSE AGREEMENT ("EULA")
This EULA is part of a suite of Mob Entertainment policies including other policies such as our Privacy Policy and Terms and Conditions, which individually and collectively govern your participation and use of our video games, their associated upgrades, patches, and updates, and any related services and any other product, online service or website currently offered or which will be offered by Mob Entertainment, or any of its subsidiaries and affiliates. Mob recommends you read all our Mob Entertainment Agreements as they refer to each other in various ways and set forth important legal and other conditions. Common definitions used in each of our policies are set forth in our Privacy Policy.
Mob Entertainment reserves the right, at any time and in its sole and absolute discretion, to update, revise, change, supplement, or delete or otherwise modify certain provisions (collectively “Updates”) of this EULA. Mob Entertainment will inform you about Updates by notice on www.mobentertainment.com, at least by way of the “Last Updated” date. Unless indicated otherwise, such Updates affecting existing Mob Entertainment video games and related services shall be effective at the earlier of your acceptance by using our Application, or thirty (30) days after posting.
PLEASE READ THIS EULA CAREFULLY BEFORE CLICKING ANY “I AGREE” OR SIMILAR BUTTON, DOWNLOADING OR USING THE APPLICATION (E.G., POPPY PLAYTIME OR PROJECT: PLAYTIME). BY USING AND PARTICIPATING IN THE APPLICATION YOU AGREE THAT THIS EULA IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA, DO NOT INSTALL OR USE THE APPLICATION. YOU ARE RESPONSIBLE FOR ANY INTERNET CONNECTION FEES THAT YOU INCUR WHEN USING AND PARTICIPATING IN THE APPLICATION. IF YOU DO NOT AGREE TO THIS EULA, YOU MUST NOT USE THE APPLICATION.
ACKNOWLEDGEMENT
By clicking the "I Agree" or any similar consent button (“Consent Button”), downloading, installing or using the Application, You are agreeing to be bound by the terms and conditions of this EULA. If You do not agree to the terms of this EULA, do not click on the Consent Button, and do not download, install or otherwise use the Application.
This EULA is a legal document between You and the Company and it governs your use of the Application made available to You by the Company.
This EULA is between You and the Company only and not with the Application Store. Therefore, the Company is solely responsible for the Application and its content. Although the Application Store is not a party to this EULA, it has the right to enforce it against You as a third party beneficiary relating to your use of the Application.
The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this EULA.
CONDUCT
While using and participating in the Application, you also agree to comply with the Company’s code of conduct that governs your use of the Application (“Conduct Code”). For example, the Conduct Code forbids the following conduct:
online harassment (aka “e-Harassment”);
conduct that is threatening or embarrassing including but not limited to personal attacks or comments regarding race, sexual orientation, religion, heritage, etc.;
hate speech;
any other conduct toward another user that is unwanted, such as repeatedly sending unwanted/unsolicited messages;
conduct that disrupts the flow of any in-game chat with vulgar or abusive language;
excessive use of e-shouting (aka ALL CAPS), posting repetitious text or spaces (e.g., hard returns);
commercial solicitations;
impersonating someone else (such as an “insider” or celebrity);
falsely identifying yourself as and/or leading others to believe that you are an employee or other representative of the Company;
unauthorized accessing of passwords or other private informationbelonging to anyone else;
promoting or undertaking activities such as reverse engineering, decompiling or disassembling all or any portion of the Application, except as otherwise permitted under any Mob Entertainment Agreement;
hacking, cracking or distributing counterfeit versions of the Application or any servers or other software used by the Company in connection with the Application;
any illegal activity;
distributing malicious code such as viruses or corrupted data;
improperly using e-support or report buttons;
modifying any part of the Application in a manner not permitted by the Company;
disclosing any user’s real-world personal without their consent;
exploiting errors or bugs in the Application to gain access that would otherwise be unauthorized to, for example, obtain any competitive advantage; and
selling, exchanging, redeeming, or otherwise transferring in any way Virtual Items, and any other in-game items and in-game currency, except as expressly permitted by this EULA or any other Mob Entertainment Agreement, or otherwise permitted in the gameplay.
This list above is merely representative of conduct prohibited by the Conduct Code. Your online conduct should be guided by common sense and respect for others who access and use the Application. You must also obey all federal, provincial, state, and local laws, regulations and rules that apply to your activities when you use the Application. The Company reserves all rights regarding this EULA.
LIMITED LICENSE
The provisions below set forth the scope of the license granted to You under this EULA, including restrictions and permissions thereof.
Scope of License
The Company grants You a fully revocable, personal, non-exclusive, non-transferable, non-assignable, limited license (“License”) to access, download, install and use the Application strictly in accordance with the terms of this EULA.
The license that is granted to You by the Company is solely for your personal, non-commercial purposes strictly in accordance with the terms of this EULA and other Mob Entertainment Agreements, as applicable. All rights not expressly granted under this EULA or any other Mob Entertainment Agreement are reserved by the Company.
License Restrictions
You agree to the following:
You warrant and represent that you are at least thirteen (13) years of age or the age of majority in your country of residence, and that you will seek parental consent to use the Application if you are under age 18.
You agree to this EULA on your own behalf or with parental consent, and that we may terminate your use of our Application at any time subject to the terms set forth herein.
You will not modify, distribute, transmit, display, perform, reproduce (except for one archival and backup copy as permitted by applicable laws), publish, license, create derivative works from, adapt, translate, sublicense, auction, rent, lease or sell all or any part of the Application except in the limited manners permitted under this EULA and other Mob Entertainment Agreements, as applicable. In addition, you may not hack, emulate, reverse engineer, decompile, or disassemble any part of the Application except in the limited manners permitted under this EULA and other Mob Entertainment Agreements, as applicable.
You agree that you have no interest, monetary or otherwise, in any feature, content, or Intellectual Property contained in the Application except in the limited manners permitted under this EULA and other Mob Entertainment Agreements, as applicable;
You will comply with the Conduct Code set forth above. Failure to comply with the Conduct Code will result in the revocation of all rights set forth herein. Any breach substantial enough to cause harm to the Company or a third party may be accompanied by the application of any and all legal rights and claims reserved by us herein;
Absent a valid distribution Agreement between you and the Company, you may not commercially exploit or otherwise make the Application available on any third-party network, FTP, internet website, torrent site, file-sharing service, intranet, or “cloud”, whereby individuals other than you may download and install the Application except in the limited manners permitted under this EULA and other Mob Entertainment Agreements, as applicable. You further agree that you will not link to any such third-party network, torrent, FTP, file-sharing service, intranet, or “cloud” that is not legally owned by us or our distributors. For the sake of clarity, “commercially exploit” as used herein includes offers to perform in-Application services for other End Users in exchange for payment outside of the Application;
You will not use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Application experience;
You may not use any unauthorized third-party software that intercepts, “mines,” or otherwise collects information from or through the Application, including without limitation any software that reads areas of RAM used by the Application to store information about a character or the game environment; provided, however, that we may, at our sole and absolute discretion, allow the use of certain third-party user interfaces;
You may not modify or cause to be modified any files that are a part of the Application in any way not expressly authorized by us;
You may not provide or develop matchmaking services for the Application, or intercept, emulate or redirect the communication protocols used by us in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
You may not facilitate, create or maintain any unauthorized connection to the Application, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Application; and (b) any connection using programs or tools not expressly approved by us;
Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application.
You may not violate any applicable law or regulation in connection with your use of the Application; and disrupt or assist in the disruption of (i) any computer used to support the Application (each a “Server”); or (ii) any other End User’s Application experience. ANY ATTEMPT BY YOU TO DISRUPT THE APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THE APPLICTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
Additional License Permissions
Further to the License granted herein, please see our Fan-Generated Content (FGC) policy for additional permissions.
INTELLECTUAL PROPERTY
The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights therein and thereto (“Mob Entertainment IP”) are, and shall remain, the sole and exclusive property of the Company. All right, title, and interest in and to the Application and all intellectual property rights in and to the Application (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Application, individually or in combination) are owned by the Company and are protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.
You may not copy or download any content from the Application except as set forth in this EULA or as otherwise permitted in any other Mob Entertainment Agreement, as applicable. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to any content. You may not sell, license, distribute, copy, modify or adapt, perform or display, transmit, publish, edit, create derivative works from, or otherwise make unauthorized use of the Application, except as permitted under this EULA and any other Mob Entertainment Agreement, as applicable.
You acknowledge that the Company and/or third-party content providers remain the owners of all materials posted in the Application, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
Making unauthorized copies of the Application may result in the termination of this EULA, prohibition on your use of the Application, and legal action.
The Company shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Application. To the extent the Company is required to provide indemnification by applicable law, the Company, not the Application Store, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Application or your use of it infringes any third party intellectual property rights.
VIRTUAL ITEMS
Virtual Items include virtual currency such as coins or tickets and virtual goods such as virtual characters, skins, accessories, etc. for use in the Application.
Within the Application, you may buy Virtual Items with real-world hard currency or “earn” Virtual Items. Certain Virtual Items may only be available by purchase, or only by earning.
Virtual Items (such as virtual currency) purchased on platforms such as Steam will be subject to those platforms’ terms and conditions, etc. Please review those platforms’ terms and conditions for further information before completing your purchase. The Company does not control how you can pay or how refunds may be issued on those platforms. When you make a payment through a third-party platform, you are agreeing to the third party’s payment terms, and the Company is not a party to the transaction beyond any underlying information it may receive regarding the transaction.
Virtual Items are licensed to you, not sold to you. You do not own the Virtual Items, and you acknowledge and agree that all Virtual Items represent a fully revocable, limited, personal, non-exclusive, non-transferable, non-assignable license to use the Virtual Items, for your individual, non-commercial, entertainment purposes only. You have no right, title, interest, or ownership in or to any Virtual Items or any intellectual property rights in and to the Virtual Items. We may terminate your license at any time and at our sole and absolute discretion.
The Company has the sole and absolute right to regulate, discontinue, update, modify or eliminate any Virtual Items at any time in its sole and absolute discretion and shall have no liability to you for any of these actions regarding the Virtual Items. Note that depending on the country in which you are located, the validity period of purchased Virtual Items may be limited in accordance with the applicable laws of such country.
Virtual Items have no monetary value, and in no event may you sell, transfer, trade, exchange, give, convert or redeem Virtual Items for real-world hard money or other goods or services, including other Virtual Items, inside or outside the Application, except as expressly permitted by this EULA, or as otherwise permitted by the Company in any other terms of any Mob Entertainment Agreements or as permitted in the gameplay.
All purchases of Virtual Items, whether made with real-world hard money or a virtual currency, are non-refundable and non-returnable and are not redeemable for any sum of money or monetary value or virtual currency from Company at any time except to the extent permitted by any third-party application store from which the Application was downloaded by which any transactions within the Application were processed.
The Company reserves the right to modify the price for any Virtual Items at its sole and absolute discretion, and prices based on virtual currency need not correlate to prices based on real-world hard money, and vice versa.
The Company may make updates or other resets to the Application, which may cause in-game setbacks or other loss of access to Virtual Items as set forth herein. The Company reserves the right to make such updates and resets and is not liable to you for such changes.
The refund policy for such Virtual Items is set forth in the Company’s Terms and Conditions.
YOUR SUGGESTIONS
Any Feedback, including feedback such as comments, ideas, improvements or suggestions provided by You to the Company with respect to the Application shall be and remain the sole and exclusive property of the Company.
The Company shall be free to use, copy, modify, publish, or redistribute the Feedback for any purpose and in any way without any credit or any compensation to You.
OPERATION OF AND MODIFICATIONS TO THE APPLICATION
The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability or any refund or other compensation to You.
Updates to the Application
The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications.
Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You.
You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this EULA.
Possible Setbacks and Loss of Data
IMPORTANT: MOB ENTERTAINMENT MAY FIND IT NECESSARY TO MAKE UPDATES, OR RESET CERTAIN PARAMETERS TO HAVE DESIRED OPERATION OF THE APPLICATION, AND/OR BALANCE GAMEPLAY AND USAGE OF THE APPLICATION, OR FOR OTHER LEGITIMATE BUSINESS PURPOSES. THESE UPDATES OR “RESETS” MAY CAUSE YOU SETBACKS WITHIN THE APPLICATION AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL, AND YOU MAY LOSE ACCESS TO ANY VIRTUAL ITEMS YOU MAY HAVE “EARNED” OR “PURCHASED”. MOB ENTERTAINMENT RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
Maintenance and Support
The Company does not provide any maintenance or support for the download and use of the Application. To the extent that any maintenance or support is required by applicable law, the Company, not the Application Store, shall be obligated to furnish any such maintenance or support.
Computer Scanning and Optimal Settings
The Application may include a feature that scans your device/computer hardware configuration ("Computer Scan") to determine optimal performance/operational settings for the Application. By installing and using the Application, you expressly authorize the Company to conduct the Computer Scan and collect certaininformation regarding your device/computer hardware configuration. The information collected through the Computer Scan may include, but is not limited to, details about the processor, memory, graphics card, and other relevant hardware components of your hardware configuration. The purpose of the Computer Scan is to recommend optimal settings for the Application based on your hardware configuration. The Company may provide you with recommended settings and the option to apply the recommended settings or may automatically adjust the settings within the Application. The information collected through the Computer Scan will be used solely for the purpose of determining and recommending optimal settings for the Application. The information collected through the Computer Scan will be handled in accordance with the Company's Privacy Policy, as applicable. The Company will not disclose your information to any third party without your consent, except as required by applicable laws or as necessary to provide services related to the Application. You acknowledge that the Computer Scan feature is provided as a convenience, and the Company does not guarantee that the recommended settings will result in optimal performance on your device/computer. The Company shall not be held responsible for any damages or issues that may arise from the use of the recommended settings or any changes made to your device's/computer's configuration based on the recommendations.
THIRD-PARTY ACCOUNTS AND INFORMATION
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.
You acknowledge and agree that the Company shall not be responsible for any third-party content or services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any third-party content or services.
You must comply with applicable third parties' terms of agreement when using the Application. Third-party content and services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties' terms and conditions.
PRIVACY POLICY
The Company collects, stores, maintains, and shares certain information about You in accordance with Our Privacy Policy: https://www.mobentertainment.com/privacy-policy
By accepting this EULA, You acknowledge that You hereby agree and consent to the terms and conditions of Our Privacy Policy.
TERM AND TERMINATION
This EULA shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this EULA with or without prior notice.
This EULA will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this EULA. You may also terminate this EULA by deleting the Application and all copies thereof from your Device or from your computer.
Upon termination of this EULA, You shall cease all use of the Application and delete all copies of the Application from your Device.
Termination of this EULA will not limit any of the Company's rights or remedies at law or in equity in case of breach by You (during the term of this EULA) of any of your obligations under the present EULA.
INDEMNIFICATION
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this EULA or any law or regulation; or (c) violation of any right of a third party.
This section shall survive termination of this EULA.
NO WARRANTIES
The Application is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's (third party) service providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company, not the Application Store, shall be solely responsible for such warranty.
This section shall survive termination of this EULA.
LIMITATION OF LIABILITY
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application or $100.00 USD if You haven't purchased anything through the Application.
To the maximum extent permitted by applicable law, in no event shall the Company or its service providers and/or suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this EULA), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
You expressly understand and agree that the Application Store, its subsidiaries and affiliates, and its licensors shall not be liable to You under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by You, including any loss of data, whether or not the Application Store or its representatives have been advised of or should have been aware of the possibility of any such losses arising.
This section shall survive termination of this EULA.
DISCLAIMER
To the maximum extent allowed by applicable law, the Company disclaims any warranties, limits liability, and excludes damages on behalf of any platforms on which the Application is available, including but not limited to Microsoft, Sony, Nintendo, Steam, Apple, and Google, and their respective affiliates (the “Platform Partners”). The Company and/or this EULA (i) disclaims any obligation on the part of the Platform Partners to provide support or other services; (ii) does not prevent or limit access to the Application; and (iii) does not purport to govern or change, in any way, your relationship with the Platform Partners under any applicable Platform Partner’s agreements with you, including any Terms of Use/Service or any other agreement under which the Platform Partners grant you the right to install and use the Application.
SEVERABILITY AND WAIVER
Severability
If any provision of this EULA is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this EULA shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
PRODUCT CLAIMS
The Company does not make any warranties concerning the Application. To the extent You have any claim arising from or relating to your use of the Application, the Company, not the Application Store, is responsible for addressing any such claims, which may include, but not limited to: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, or similar legislation.
UNITED STATES LEGAL COMPLIANCE
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
CHANGES TO THIS EULA
The Company reserves the right, at its sole and absolute discretion, to modify or replace (“Revisions”) this EULA at any time. If any Revisions are material, we will attempt to provide at least thirty (30) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole and absolute discretion of the Company.
Any revised EULA incorporating such Revisions shall be effective at the earlier of your acceptance (e.g., by using our Application), or thirty (30) days after its posting. By continuing to access or use the Application after any Revisions becomes effective, You agree to be bound by the new terms. If You do not agree to the new terms, You are no longer authorized to use the Application.
You can review the most current version of this EULA by clicking on any “EULA” link located in the Application or on our Website at https://www.mobentertainment.com/eula. You are responsible for checking this EULA periodically for changes, and your continued use of the Application constitutes consent to any updated EULA.
DISPUTE RESOLUTION AND REMEDIES
Provisions regarding Dispute Resolution and Remedies are set forth in Our Privacy Policy.
ENTIRE AGREEMENT
The EULA constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company outside of the Mob Entertainment Agreements that you and the Company are already parties to.
You may be subject to additional terms and conditions that apply when You use or purchase other Company services, which the Company will provide to You at the time of such use or purchase.
The Company reserves all rights.
CONTACT US
By visiting this page on our website: https://www.mobentertainment.com/contact
By emailing us at privacy@mobentertainment.com
Last Updated: August 14, 2023
This EULA is part of a suite of Mob Entertainment policies including other policies such as our Privacy Policy and Terms and Conditions, which individually and collectively govern your participation and use of our video games, their associated upgrades, patches, and updates, and any related services and any other product, online service or website currently offered or which will be offered by Mob Entertainment, or any of its subsidiaries and affiliates. Mob recommends you read all our Mob Entertainment Agreements as they refer to each other in various ways and set forth important legal and other conditions. Common definitions used in each of our policies are set forth in our Privacy Policy.
Mob Entertainment reserves the right, at any time and in its sole and absolute discretion, to update, revise, change, supplement, or delete or otherwise modify certain provisions (collectively “Updates”) of this EULA. Mob Entertainment will inform you about Updates by notice on www.mobentertainment.com, at least by way of the “Last Updated” date. Unless indicated otherwise, such Updates affecting existing Mob Entertainment video games and related services shall be effective at the earlier of your acceptance by using our Application, or thirty (30) days after posting.
PLEASE READ THIS EULA CAREFULLY BEFORE CLICKING ANY “I AGREE” OR SIMILAR BUTTON, DOWNLOADING OR USING THE APPLICATION (E.G., POPPY PLAYTIME OR PROJECT: PLAYTIME). BY USING AND PARTICIPATING IN THE APPLICATION YOU AGREE THAT THIS EULA IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA, DO NOT INSTALL OR USE THE APPLICATION. YOU ARE RESPONSIBLE FOR ANY INTERNET CONNECTION FEES THAT YOU INCUR WHEN USING AND PARTICIPATING IN THE APPLICATION. IF YOU DO NOT AGREE TO THIS EULA, YOU MUST NOT USE THE APPLICATION.
ACKNOWLEDGEMENT
By clicking the "I Agree" or any similar consent button (“Consent Button”), downloading, installing or using the Application, You are agreeing to be bound by the terms and conditions of this EULA. If You do not agree to the terms of this EULA, do not click on the Consent Button, and do not download, install or otherwise use the Application.
This EULA is a legal document between You and the Company and it governs your use of the Application made available to You by the Company.
This EULA is between You and the Company only and not with the Application Store. Therefore, the Company is solely responsible for the Application and its content. Although the Application Store is not a party to this EULA, it has the right to enforce it against You as a third party beneficiary relating to your use of the Application.
The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this EULA.
CONDUCT
While using and participating in the Application, you also agree to comply with the Company’s code of conduct that governs your use of the Application (“Conduct Code”). For example, the Conduct Code forbids the following conduct:
online harassment (aka “e-Harassment”);
conduct that is threatening or embarrassing including but not limited to personal attacks or comments regarding race, sexual orientation, religion, heritage, etc.;
hate speech;
any other conduct toward another user that is unwanted, such as repeatedly sending unwanted/unsolicited messages;
conduct that disrupts the flow of any in-game chat with vulgar or abusive language;
excessive use of e-shouting (aka ALL CAPS), posting repetitious text or spaces (e.g., hard returns);
commercial solicitations;
impersonating someone else (such as an “insider” or celebrity);
falsely identifying yourself as and/or leading others to believe that you are an employee or other representative of the Company;
unauthorized accessing of passwords or other private informationbelonging to anyone else;
promoting or undertaking activities such as reverse engineering, decompiling or disassembling all or any portion of the Application, except as otherwise permitted under any Mob Entertainment Agreement;
hacking, cracking or distributing counterfeit versions of the Application or any servers or other software used by the Company in connection with the Application;
any illegal activity;
distributing malicious code such as viruses or corrupted data;
improperly using e-support or report buttons;
modifying any part of the Application in a manner not permitted by the Company;
disclosing any user’s real-world personal without their consent;
exploiting errors or bugs in the Application to gain access that would otherwise be unauthorized to, for example, obtain any competitive advantage; and
selling, exchanging, redeeming, or otherwise transferring in any way Virtual Items, and any other in-game items and in-game currency, except as expressly permitted by this EULA or any other Mob Entertainment Agreement, or otherwise permitted in the gameplay.
This list above is merely representative of conduct prohibited by the Conduct Code. Your online conduct should be guided by common sense and respect for others who access and use the Application. You must also obey all federal, provincial, state, and local laws, regulations and rules that apply to your activities when you use the Application. The Company reserves all rights regarding this EULA.
LIMITED LICENSE
The provisions below set forth the scope of the license granted to You under this EULA, including restrictions and permissions thereof.
Scope of License
The Company grants You a fully revocable, personal, non-exclusive, non-transferable, non-assignable, limited license (“License”) to access, download, install and use the Application strictly in accordance with the terms of this EULA.
The license that is granted to You by the Company is solely for your personal, non-commercial purposes strictly in accordance with the terms of this EULA and other Mob Entertainment Agreements, as applicable. All rights not expressly granted under this EULA or any other Mob Entertainment Agreement are reserved by the Company.
License Restrictions
You agree to the following:
You warrant and represent that you are at least thirteen (13) years of age or the age of majority in your country of residence, and that you will seek parental consent to use the Application if you are under age 18.
You agree to this EULA on your own behalf or with parental consent, and that we may terminate your use of our Application at any time subject to the terms set forth herein.
You will not modify, distribute, transmit, display, perform, reproduce (except for one archival and backup copy as permitted by applicable laws), publish, license, create derivative works from, adapt, translate, sublicense, auction, rent, lease or sell all or any part of the Application except in the limited manners permitted under this EULA and other Mob Entertainment Agreements, as applicable. In addition, you may not hack, emulate, reverse engineer, decompile, or disassemble any part of the Application except in the limited manners permitted under this EULA and other Mob Entertainment Agreements, as applicable.
You agree that you have no interest, monetary or otherwise, in any feature, content, or Intellectual Property contained in the Application except in the limited manners permitted under this EULA and other Mob Entertainment Agreements, as applicable;
You will comply with the Conduct Code set forth above. Failure to comply with the Conduct Code will result in the revocation of all rights set forth herein. Any breach substantial enough to cause harm to the Company or a third party may be accompanied by the application of any and all legal rights and claims reserved by us herein;
Absent a valid distribution Agreement between you and the Company, you may not commercially exploit or otherwise make the Application available on any third-party network, FTP, internet website, torrent site, file-sharing service, intranet, or “cloud”, whereby individuals other than you may download and install the Application except in the limited manners permitted under this EULA and other Mob Entertainment Agreements, as applicable. You further agree that you will not link to any such third-party network, torrent, FTP, file-sharing service, intranet, or “cloud” that is not legally owned by us or our distributors. For the sake of clarity, “commercially exploit” as used herein includes offers to perform in-Application services for other End Users in exchange for payment outside of the Application;
You will not use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Application experience;
You may not use any unauthorized third-party software that intercepts, “mines,” or otherwise collects information from or through the Application, including without limitation any software that reads areas of RAM used by the Application to store information about a character or the game environment; provided, however, that we may, at our sole and absolute discretion, allow the use of certain third-party user interfaces;
You may not modify or cause to be modified any files that are a part of the Application in any way not expressly authorized by us;
You may not provide or develop matchmaking services for the Application, or intercept, emulate or redirect the communication protocols used by us in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
You may not facilitate, create or maintain any unauthorized connection to the Application, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Application; and (b) any connection using programs or tools not expressly approved by us;
Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application.
You may not violate any applicable law or regulation in connection with your use of the Application; and disrupt or assist in the disruption of (i) any computer used to support the Application (each a “Server”); or (ii) any other End User’s Application experience. ANY ATTEMPT BY YOU TO DISRUPT THE APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THE APPLICTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
Additional License Permissions
Further to the License granted herein, please see our Fan-Generated Content (FGC) policy for additional permissions.
INTELLECTUAL PROPERTY
The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights therein and thereto (“Mob Entertainment IP”) are, and shall remain, the sole and exclusive property of the Company. All right, title, and interest in and to the Application and all intellectual property rights in and to the Application (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Application, individually or in combination) are owned by the Company and are protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.
You may not copy or download any content from the Application except as set forth in this EULA or as otherwise permitted in any other Mob Entertainment Agreement, as applicable. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to any content. You may not sell, license, distribute, copy, modify or adapt, perform or display, transmit, publish, edit, create derivative works from, or otherwise make unauthorized use of the Application, except as permitted under this EULA and any other Mob Entertainment Agreement, as applicable.
You acknowledge that the Company and/or third-party content providers remain the owners of all materials posted in the Application, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
Making unauthorized copies of the Application may result in the termination of this EULA, prohibition on your use of the Application, and legal action.
The Company shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Application. To the extent the Company is required to provide indemnification by applicable law, the Company, not the Application Store, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Application or your use of it infringes any third party intellectual property rights.
VIRTUAL ITEMS
Virtual Items include virtual currency such as coins or tickets and virtual goods such as virtual characters, skins, accessories, etc. for use in the Application.
Within the Application, you may buy Virtual Items with real-world hard currency or “earn” Virtual Items. Certain Virtual Items may only be available by purchase, or only by earning.
Virtual Items (such as virtual currency) purchased on platforms such as Steam will be subject to those platforms’ terms and conditions, etc. Please review those platforms’ terms and conditions for further information before completing your purchase. The Company does not control how you can pay or how refunds may be issued on those platforms. When you make a payment through a third-party platform, you are agreeing to the third party’s payment terms, and the Company is not a party to the transaction beyond any underlying information it may receive regarding the transaction.
Virtual Items are licensed to you, not sold to you. You do not own the Virtual Items, and you acknowledge and agree that all Virtual Items represent a fully revocable, limited, personal, non-exclusive, non-transferable, non-assignable license to use the Virtual Items, for your individual, non-commercial, entertainment purposes only. You have no right, title, interest, or ownership in or to any Virtual Items or any intellectual property rights in and to the Virtual Items. We may terminate your license at any time and at our sole and absolute discretion.
The Company has the sole and absolute right to regulate, discontinue, update, modify or eliminate any Virtual Items at any time in its sole and absolute discretion and shall have no liability to you for any of these actions regarding the Virtual Items. Note that depending on the country in which you are located, the validity period of purchased Virtual Items may be limited in accordance with the applicable laws of such country.
Virtual Items have no monetary value, and in no event may you sell, transfer, trade, exchange, give, convert or redeem Virtual Items for real-world hard money or other goods or services, including other Virtual Items, inside or outside the Application, except as expressly permitted by this EULA, or as otherwise permitted by the Company in any other terms of any Mob Entertainment Agreements or as permitted in the gameplay.
All purchases of Virtual Items, whether made with real-world hard money or a virtual currency, are non-refundable and non-returnable and are not redeemable for any sum of money or monetary value or virtual currency from Company at any time except to the extent permitted by any third-party application store from which the Application was downloaded by which any transactions within the Application were processed.
The Company reserves the right to modify the price for any Virtual Items at its sole and absolute discretion, and prices based on virtual currency need not correlate to prices based on real-world hard money, and vice versa.
The Company may make updates or other resets to the Application, which may cause in-game setbacks or other loss of access to Virtual Items as set forth herein. The Company reserves the right to make such updates and resets and is not liable to you for such changes.
The refund policy for such Virtual Items is set forth in the Company’s Terms and Conditions.
YOUR SUGGESTIONS
Any Feedback, including feedback such as comments, ideas, improvements or suggestions provided by You to the Company with respect to the Application shall be and remain the sole and exclusive property of the Company.
The Company shall be free to use, copy, modify, publish, or redistribute the Feedback for any purpose and in any way without any credit or any compensation to You.
OPERATION OF AND MODIFICATIONS TO THE APPLICATION
The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability or any refund or other compensation to You.
Updates to the Application
The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications.
Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You.
You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this EULA.
Possible Setbacks and Loss of Data
IMPORTANT: MOB ENTERTAINMENT MAY FIND IT NECESSARY TO MAKE UPDATES, OR RESET CERTAIN PARAMETERS TO HAVE DESIRED OPERATION OF THE APPLICATION, AND/OR BALANCE GAMEPLAY AND USAGE OF THE APPLICATION, OR FOR OTHER LEGITIMATE BUSINESS PURPOSES. THESE UPDATES OR “RESETS” MAY CAUSE YOU SETBACKS WITHIN THE APPLICATION AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL, AND YOU MAY LOSE ACCESS TO ANY VIRTUAL ITEMS YOU MAY HAVE “EARNED” OR “PURCHASED”. MOB ENTERTAINMENT RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
Maintenance and Support
The Company does not provide any maintenance or support for the download and use of the Application. To the extent that any maintenance or support is required by applicable law, the Company, not the Application Store, shall be obligated to furnish any such maintenance or support.
Computer Scanning and Optimal Settings
The Application may include a feature that scans your device/computer hardware configuration ("Computer Scan") to determine optimal performance/operational settings for the Application. By installing and using the Application, you expressly authorize the Company to conduct the Computer Scan and collect certaininformation regarding your device/computer hardware configuration. The information collected through the Computer Scan may include, but is not limited to, details about the processor, memory, graphics card, and other relevant hardware components of your hardware configuration. The purpose of the Computer Scan is to recommend optimal settings for the Application based on your hardware configuration. The Company may provide you with recommended settings and the option to apply the recommended settings or may automatically adjust the settings within the Application. The information collected through the Computer Scan will be used solely for the purpose of determining and recommending optimal settings for the Application. The information collected through the Computer Scan will be handled in accordance with the Company's Privacy Policy, as applicable. The Company will not disclose your information to any third party without your consent, except as required by applicable laws or as necessary to provide services related to the Application. You acknowledge that the Computer Scan feature is provided as a convenience, and the Company does not guarantee that the recommended settings will result in optimal performance on your device/computer. The Company shall not be held responsible for any damages or issues that may arise from the use of the recommended settings or any changes made to your device's/computer's configuration based on the recommendations.
THIRD-PARTY ACCOUNTS AND INFORMATION
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.
You acknowledge and agree that the Company shall not be responsible for any third-party content or services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any third-party content or services.
You must comply with applicable third parties' terms of agreement when using the Application. Third-party content and services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties' terms and conditions.
PRIVACY POLICY
The Company collects, stores, maintains, and shares certain information about You in accordance with Our Privacy Policy: https://www.mobentertainment.com/privacy-policy
By accepting this EULA, You acknowledge that You hereby agree and consent to the terms and conditions of Our Privacy Policy.
TERM AND TERMINATION
This EULA shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this EULA with or without prior notice.
This EULA will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this EULA. You may also terminate this EULA by deleting the Application and all copies thereof from your Device or from your computer.
Upon termination of this EULA, You shall cease all use of the Application and delete all copies of the Application from your Device.
Termination of this EULA will not limit any of the Company's rights or remedies at law or in equity in case of breach by You (during the term of this EULA) of any of your obligations under the present EULA.
INDEMNIFICATION
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this EULA or any law or regulation; or (c) violation of any right of a third party.
This section shall survive termination of this EULA.
NO WARRANTIES
The Application is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's (third party) service providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company, not the Application Store, shall be solely responsible for such warranty.
This section shall survive termination of this EULA.
LIMITATION OF LIABILITY
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application or $100.00 USD if You haven't purchased anything through the Application.
To the maximum extent permitted by applicable law, in no event shall the Company or its service providers and/or suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this EULA), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
You expressly understand and agree that the Application Store, its subsidiaries and affiliates, and its licensors shall not be liable to You under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by You, including any loss of data, whether or not the Application Store or its representatives have been advised of or should have been aware of the possibility of any such losses arising.
This section shall survive termination of this EULA.
DISCLAIMER
To the maximum extent allowed by applicable law, the Company disclaims any warranties, limits liability, and excludes damages on behalf of any platforms on which the Application is available, including but not limited to Microsoft, Sony, Nintendo, Steam, Apple, and Google, and their respective affiliates (the “Platform Partners”). The Company and/or this EULA (i) disclaims any obligation on the part of the Platform Partners to provide support or other services; (ii) does not prevent or limit access to the Application; and (iii) does not purport to govern or change, in any way, your relationship with the Platform Partners under any applicable Platform Partner’s agreements with you, including any Terms of Use/Service or any other agreement under which the Platform Partners grant you the right to install and use the Application.
SEVERABILITY AND WAIVER
Severability
If any provision of this EULA is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this EULA shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
PRODUCT CLAIMS
The Company does not make any warranties concerning the Application. To the extent You have any claim arising from or relating to your use of the Application, the Company, not the Application Store, is responsible for addressing any such claims, which may include, but not limited to: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, or similar legislation.
UNITED STATES LEGAL COMPLIANCE
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
CHANGES TO THIS EULA
The Company reserves the right, at its sole and absolute discretion, to modify or replace (“Revisions”) this EULA at any time. If any Revisions are material, we will attempt to provide at least thirty (30) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole and absolute discretion of the Company.
Any revised EULA incorporating such Revisions shall be effective at the earlier of your acceptance (e.g., by using our Application), or thirty (30) days after its posting. By continuing to access or use the Application after any Revisions becomes effective, You agree to be bound by the new terms. If You do not agree to the new terms, You are no longer authorized to use the Application.
You can review the most current version of this EULA by clicking on any “EULA” link located in the Application or on our Website at https://www.mobentertainment.com/eula. You are responsible for checking this EULA periodically for changes, and your continued use of the Application constitutes consent to any updated EULA.
DISPUTE RESOLUTION AND REMEDIES
Provisions regarding Dispute Resolution and Remedies are set forth in Our Privacy Policy.
ENTIRE AGREEMENT
The EULA constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company outside of the Mob Entertainment Agreements that you and the Company are already parties to.
You may be subject to additional terms and conditions that apply when You use or purchase other Company services, which the Company will provide to You at the time of such use or purchase.
The Company reserves all rights.
CONTACT US
By visiting this page on our website: https://www.mobentertainment.com/contact
By emailing us at privacy@mobentertainment.com
Last Updated: August 14, 2023