Mamboo Games LLC mobile games and applications (“
Apps ”) are owned, operated and managed by
Mamboo Games (we / us / our), a private company
limited by shares, incorporated and registered in Belarus with
company number 193382105 whose registered office at Minsk,
Belarus.
We can be contacted by writing to Mamboo Games LLC by e-mail at
info@mamboogames.com.
INTRODUCTION
These terms of use (“Terms”)
constitute an agreement between you and us regarding your use of
our Apps and the images, logos, music, photographs and video
content that are incorporated into and form part of our Apps
(“App Content”).
Please read these Terms and our privacy policy, available
here(“Privacy Policy”)
very carefully. You acknowledge and agree that by clicking the
“I Accept” at the bottom of this screen, you signify
that you have read, understood, and agree to be bound by these
Terms and our Privacy Policy. If you do not accept these Terms or
our Privacy Policy, you are not permitted to install or use any of
our Apps.
We recommend that you save or print a copy of these Terms for
future reference. Click to generate a PDF version of these Terms
that can be saved or emailed to you for printing.
Any terms you have with your respective mobile network provider
(“Mobile Provider”) continue to apply
and you may be charged by the Mobile Provider for access to
network connection services for the duration of the connection
while accessing our Apps and any third party charges as may arise
from time to time. You will be solely responsible for any costs
and other charges or expenses charged by your Mobile Provider,
internet service provider, network operator and/or any other third
party provider in relation to your internet service, your mobile
service and any use of our Apps including the downloading of any
available App Content. In the event that you are not the bill
payer for the device being used to access our Apps, you will be
assumed to have obtained permission from the relevant bill payer
for downloading and using our Apps.
If you download our Apps onto any device not owned by you, you
must have the owner’s permission to do so. You will be
responsible for complying with these Terms, whether or not you own
the device.
Any words following the terms ‘including’,
‘include’, ‘in particular’, ‘for
‘example’ or any similar expression shall be construed
as illustrative and shall not limit the sense of the words,
description, definition, phrase or term preceding those terms.
While all of these Terms are important, you should pay
particular attention to:
your rights in relation to content that you upload or create
as set out in paragraph 5;
the conditions of use of our Apps as set out in paragraph 7;
the acceptable use of our Apps as set out in paragraph 9;
our liability to each other as set out in paragraph 13; and
when we may bring these Terms to an end as set out in
paragraph 21;
REGISTRATION
In order to make full use of our Apps, you may be required to
register for an account.
You acknowledge and agree that the information provided by you is
true, accurate and correct. You agree to promptly notify us in
writing in the event of any changes to any of your information.
Your login details are for your own personal use only and you must
keep your login details confidential and secure. Sharing your
login details with any other person is strictly prohibited.
You must notify us immediately if you suspect or become aware of
any unauthorised use of your login details or any breach of our
security by emailing info@mamboogames.com and giving details of
the unauthorised use or breach.
Without prejudice to our rights and remedies, we reserve the right
to promptly disable your login details and suspend your access to
any of our Apps, if in our reasonable opinion, we believe that you
have breached any of the provisions of these Terms.
OUR APPS
Our Apps placed on the official App Store and Play Market pages.
USER CONTENT
Any content you upload or create on our Apps will be considered
non-confidential and non-proprietary. You retain all of your
ownership rights in your content, but by uploading or creating
content on our Apps, you grant us a perpetual, worldwide,
non-exclusive, royalty-free, transferable license for us to use,
reproduce, distribute, prepare derivative works of, display, and
perform such content in connection with the services that we
provide and across different media and to promote our Apps and/or
our services; and to third parties including other users of our
Apps, our partners and/or our sponsors to use such content for
their purposes or in accordance with the functionality of our
Apps.
In relation to any content you upload or create on our Apps you
warrant that:
you have the requisite rights, licenses and consents to upload
or create such content;
such content does not infringe the rights (including
intellectual property rights) of any third party; and
such content is not defamatory or offensive and will not
result in any civil or criminal claim being brought against us
by a third party in any jurisdiction.
We reserve the right to:
disclose your identity to any third party who is claiming that
any content uploaded or created by you on our Apps constitutes
a violation of their rights (including intellectual property
rights);
remove any content you upload or create on our Apps, if in our
opinion such content does not comply with these Terms.
AVAILABILITY
We will use reasonable endeavours to ensure that our Apps and App
Content are available for download and use at all times. However,
ours App and App Content are provided over the internet and mobile
networks and so their operation and availability may be affected
by factors outside of our control at any time for any reason. We
do not guarantee that use of or access to our Apps or App Content
will always be available and/or uninterrupted.
CONDITIONS OF USE
In return for your agreeing to comply with these Terms you may:
download our Apps onto a device and view, use and display our
Apps on the device for your personal purposes only;
use any related documentation to support use of our Apps as
permitted by these Terms; and
receive updates to the software code of our Apps via our Apps
store that you downloaded our Apps from – these may
incorporate patches and corrections of errors as we may
provide to you.
Your right to use our Apps is personal to you, you may not
otherwise transfer our Apps to anyone else for any reason. If you
sell or give away any device on which our Apps is installed, you
must remove our Apps from it first.
The ways in which you can use our Apps may also be governed the
terms of the app store that you downloaded our Apps from. In the
event of a conflict between these Terms and the terms of the app
store that you downloaded our Apps from, the terms of our Apps
store from which you downloaded our Apps shall take priority.
RESTRICTIONS
Unless you have requested and received our prior written consent
or unless expressly permitted in these Terms, you must not:
copy our Apps except as part of the normal use of our Apps or
where it is necessary for the purpose of creating a back-up or
operational security;
modify or translate our Apps in whole or in part, or combine
or merge our Apps with any other object code or program;
reverse engineer, decompile, disassemble, reduce the object
code of our Apps to source code form or create (or attempt to
create) derivative works based on the whole or any part of our
Apps, except to the extent permitted by applicable law, and
provided that the information obtained by you during such
activities:
is not disclosed or communicated without our prior written
consent to any third party to whom it is not necessary to
disclose or communicate it to in accordance with
applicable law; and
is not used to create any software that is substantially
similar in its expression to our Apps
is kept secured; and
is used only in accordance with applicable law;
distribute, sub-license, assign, share, timeshare, sell, rent,
lease, grant a security interest in, use for service bureau
purposes, or otherwise transfer our Apps or your right to use
our Apps;
remove, modify, block, disable, obscure or impair any
copyright, trademark, or other proprietary notices, material
or advertising belonging to us, our licensors or other third
parties contained within our Apps;
incorporate our Apps into another service or website or make
it available via framing or mirrors;
extract any data or metadata from our Apps nor create any
index or database incorporating any part of it;
circumvent, disable or otherwise interfere with
security-related features of our Apps or features that:
prevent or restrict use or copying of any part of our
Apps; or
enforce limitations on use of our Apps,
in each case other than to exercise your rights under
paragraphs 9.1(a) or 9.1(c);
do anything that may cause damage to our Apps;
carry out any harmful or illegal activities using our Apps; or
use our Apps in any manner not expressly authorized by these
Terms.
ACCEPTABLE USE
You must:
not use our Apps in any unlawful manner, for any unlawful
purpose, or in any manner inconsistent with these Terms, or
act fraudulently or maliciously (for example, by hacking into
or inserting malicious code, such as viruses, or harmful data,
into our Apps or into any operating system);
not infringe any rights (including intellectual property
rights) belonging to us or any third party in relation to your
use of our Apps;
not transmit any material that is defamatory, offensive or
otherwise objectionable in relation to your use of our Apps;
not use our Apps in a way that could damage, disable,
overburden, impair or compromise our systems or security or
interfere with other users;
comply with any applicable third party terms and conditions in
respect of your use of our Apps; and
not collect or harvest any information or data from any
service or our systems or attempt to decipher any
transmissions to or from our servers.
FEES
Once you have installed our Apps, you can select the subscription
that you would like in order to use each App. Subscriptions are
available on a weekly, monthly, annual and lifetime basis and
further details of each type of subscription and its cost are
detailed on the App.
App Content may be made available via in-app purchasing.
All transactions between you and us are handled via the app store
that you downloaded the App from.
APP CONTENT
The App Content may include trademarks or copyright material owned
by us or third parties. The App Content includes the images,
logos, music, photographs and video content that are incorporated
into and form part of our Apps. The term App Content also includes
any part of any of the App Content, or any assemblage, deviation,
manipulation, modification, screen print or copy of, or derivative
work based on or including any of the App Content.
The App Content may only be used as part of our Apps and may not
be used independently.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in our Apps, App Content and
related documentation throughout the world belong to us and our
licensors and the rights in our Apps are licensed (not sold) to
you. You have no intellectual property rights in, or to, our Apps
or related documentation other than the right to use them in
accordance with these Terms.
LIABILITY
If we fail to comply with these Terms we are responsible for loss
or damage you suffer that is a foreseeable result of our breaking
these Terms or our failing to use reasonable care and skill, but
subject to paragraph 13, we are not responsible for any loss or
damage that is not foreseeable. Loss or damage is foreseeable if
either it is obvious that it will happen or if, at the time you
accepted these Terms, both we and you knew it might happen
(“Foreseeable Losses”); and
Subject to paragraph 13, we limit our aggregate liability for
Foreseeable Losses, arising out of or in connection with these
Terms, to you in respect of all events occurring in any calendar
year, whether in contract, tort (including negligence), for breach
of statutory duty, or otherwise, to the greater of:
100% of the fees paid and payable by you to us in respect of
the App in such calendar year; and
£50.
Subject to paragraph 13, circumstances giving rise to a loss or
damage which is not foreseeable includes but shall not be limited
to:
any use of our Apps in a manner that we do not authorize;
ending, suspending or restricting use of our Apps in
accordance with these Terms;
any loss or damage caused by us in circumstances where there
is no breach of contractual obligation or legal duty owed to
you by us;
any loss or damage (including to any device or content
belonging to you) caused by us to the extent that such loss or
damage results from your negligence, your failure to follow
our reasonable instructions or any other breach of these Terms
(or any other contract you have in place with us), unless we
were in breach of a legal obligation or duty of care owed to
you by us and that breach is the substantial cause of the loss
or damage;
any loss or damage caused by any error, bugs or viruses
arising in your use of our Apps that are not directly caused
by or attributable to our Apps, or any incompatibility of our
Apps with any other software, hardware or material on your
device; and
any breach of paragraphs 8 or 9 by you.
Nothing in these Terms excludes or limits our liability for death
or personal injury arising from our negligence, or our fraud or
fraudulent misrepresentation, or any other liability that cannot
be excluded or limited under Belarusian law.
If defective digital content that we have supplied damages a
device or digital content belonging to you, we will either repair
the damage or pay you compensation. However, we will not be liable
for damage that you could have avoided by following our advice to
apply an update offered to you free of charge or for damage that
was caused by you failing to correctly follow installation
instructions or to have in place the technical requirements
advised by us.
Our Apps are for domestic and private use only. If you use our
Apps for any commercial, business or resale purpose we will have
no liability to you for any loss of profit, loss of business,
business interruption, or loss of business opportunity.
Please note that in some jurisdictions consumer protection laws
may not allow certain disclaimers or exclusions or limitations of
liability and consequently some of the disclaimers, exclusions and
limitations of liability in these Terms may not apply.
We recommend that you back up any content and data used in
connection with our Apps, to protect yourself in case of problems
with our Apps.
Our Apps have not been developed to meet your individual
requirements. Please check that the facilities and functions of
our Apps (as described on the app stores where ours Apps are
available and in the related documentation) meet your
requirements.
If our provision of support for our Apps is delayed by an event
outside our control then we will contact you as soon as possible
to let you know and we will take steps to minimize the effect of
the delay. Provided we do this we will not be liable for delays
caused by the event but you may terminate these Terms by ceasing
to use our Apps and deleting or removing it from your device.
Our Apps, which are available on various app stores, are
controlled and offered by us from our facilities in Belarus. The
distribution of our Apps via app stores is governed by their rules
with which we must comply. There are some locations where Apps
with paid for in-app purchasing products are not permitted and
therefore in those locations our Apps will not be visible to app
store users registered in those locations.
You agree that you will compensate us for any losses (including
reasonable legal fees) that we incur as a result of any breach of
paragraph 8 or 9 by you.
YOUR PRIVACY
We only use any personal data we collect through your use of our
Apps in the ways set out in our Privacy Policy which can be found
here.
Please be aware that internet transmissions are never completely
private or secure and that any message or information you send
using our Apps may be read or intercepted by others, even if there
is a special notice that a particular transmission is encrypted.
By using our Apps, you agree to us collecting and using technical
information about the devices you use our Apps on and related
software, hardware and peripherals to improve our products.
THIRD PARTY WEBSITES
You acknowledge that our Apps may contain links to third party
websites (whether by way of advertisements or otherwise) that are
not owned or controlled by us. Such links are provided for your
reference only. We do not control such websites and are not
responsible for the contents or your use of them, and as a result
we do not accept responsibility for the availability, suitability,
reliability or content of such third party websites.
Our inclusion of such hyperlinks in our Apps does not imply any
endorsement of the material or the views expressed within them.
SUPPORT
If you think our Apps is faulty or misdescribed please contact us
using the details provided in paragraph 1.
If we have to contact you we will do so by email, using the
contact details you have provided to us.
ADVERTISING AND MONETISATION
You acknowledge that our Apps and the App Content may be supported
by advertising revenues and we may place advertising, promotions
or sponsored content on our Apps or on, about, or in conjunction
with the App Content. You acknowledge that we may not always
identify advertising, promotions and sponsored content and the
manner, mode and extent of such advertising, promotions and
sponsored content is subject to change without notice to you. We
may at our sole discretion provide the ability to pay to remove
advertisements via the settings menu within our Apps.
CHANGES TO OUR APPS
From time to time we may automatically update our Apps to improve
performance, enhance functionality, reflect changes to the
operating system or address security issues.
If you choose not to install such updates or if you opt out of
automatic updates you may not be able to continue using our Apps.
Changes to our Apps will not prevent our Apps working with the
versions of the operating system shown on the app store that you
downloaded the App from.
CHANGES TO THESE TERMS
These Terms may only be modified with our prior written consent.
We may alter or amend these Terms, including introducing new
terms, that are:
the result of a change in applicable law or our business;
necessary for the provision of our Apps; or
the result of any improvements to our Apps.
Subject to paragraph 19, if we make any changes (including any
changes to our policies), we will give thirty (30) days’
prior written notice to you via an electronic communication within
our Apps. If you notify us in writing within the thirty (30) days
that you do not accept the change, these Terms will terminate
immediately. However, if you continue to use our Apps after
providing such notice or after the thirty (30) day period, you are
accepting these Terms as updated.
We are under no obligation to notify you of any changes to these
Terms that result in minor adjustments or corrections to these
Terms.
TRANSFER OF RIGHTS
We may transfer our rights and obligations under these Terms to
another organization. We will always tell you in writing if this
happens and we will ensure that the transfer will not affect your
rights under the these Terms.
You may only transfer your rights or your obligations under these
Terms to another person if we agree in writing.
TERMINATION
These Terms apply from when you click “I Accept” at
the bottom of this screen (the “Effective Date”) and will remain in full force and effect while you use
our Apps until terminated in accordance with this paragraph 21.
We may terminate these Terms and your use of our Apps, or suspend
your use of our Apps, immediately by written notice to you if:
we consider that you have used our Apps in violation of these
Terms;
we believe there has been unauthorized access to our Apps;
we, at our sole discretion, decide to withdraw our Apps
(whether in whole or in part);
we have a legal or regulatory obligation imposed on us, which
impacts our ability to provide our Apps; or
for any other reason provided that we have given you thirty
(30) days’ written notice by email, SMS or via an
electronic communication within our Apps.
We may discontinue licensing any of the App Content at any time at
our sole discretion. In this instance you will be able to continue
to use our Apps with the App Content, but it will no longer be
available on app stores and will no longer be supported by us.
You can terminate these Terms by ceasing to use our Apps and
deleting or uninstalling it from your device.
Upon termination for any reason:
all rights granted to you under these Terms cease (however,
any liabilities incurred by you under these Terms prior shall
survive any such termination);
you must cease all activities authorized by these Terms; and
you must delete or remove our Apps from your device.
USAGE RESTRICTIONS
Use of Apps is limited to users aged 13 years and above, except in
European Economic Area (“EEA”), where the Services are
limited to users aged 16 years and above.
GENERAL
This agreement does not give rise to any rights under the
Contracts (Rights of Third Parties) Act 1999 to allow anyone other
than you or us to enforce any term of these Terms or of the
Privacy Policy.
Even if we delay in enforcing this contract, we can still enforce
it later. If we do not insist immediately that you do anything you
are required to do under these Terms, or if we delay in taking
steps against you in respect of your breaking this contract, that
will not mean that you do not have to do those things and it will
not prevent us taking steps against you at a later date.
These Terms are governed by Belarusian law (including
non-contractual disputes or claims) and legal proceedings in
respect of these Terms and our Apps shall be dealt with
exclusively by the Belarusian courts.
If any provision of these Terms and Conditions is deemed invalid
by a court of competent jurisdiction, the relevant provision shall
be deemed modified to the minimum extent necessary to make it
valid, and the invalidity of such provision will not affect the
validity of the remaining provisions of these Terms and Conditions
which will remain in full force and effect.
Without prejudice to any other rights or remedies that we may
have, you acknowledge and agree that damages alone would not be an
adequate remedy for any breach of these Terms by you. Accordingly,
we shall be entitled to the remedies of injunction, specific
performance or other equitable relief for any threatened or actual
breach of these Terms.
