MesibaGames

Welcome to use the services of MesibaGames (“MesibaGames” or “We”). These Terms of Service (“Terms”) apply to the use of all services provided by MesibaGames, including games developed and/or published by MesibaGames, MesibaGames’s and aforementioned games’, webpages and other services, such as applications or any social functions of the aforementioned services or any other services MesibaGames has attached these Terms to (“Services”). These Terms govern the relationship between you (“You” or “User”) and MesibaGames regarding the use of the Services. By downloading, installing, accessing or using any part of the Services You agree to these Terms and accept to be bound by them. These Terms affect your legal rights and obligations, so if You do not agree to the Terms, You may not use Our Services.

The Services are intended for people who are at least 13 years old. If you are under 18, or a minor according to laws applicable to You, You represent that your legal guardian or legal representative has reviewed and agreed to these Terms and you have permission to access and use the Services. Use of the Services is also governed by MesibaGames’s Privacy Policy

We can make changes to these terms at any time in accordance with paragraph 13 below, and your continued use of the Services shall confirm your acceptance of the updated terms. In addition to these Terms, You agree to abide by any supplemental policies of the Services, such as policies related to specific services (including without limitation forums, chats, contests or sweepstakes) as well as all other related operating rules or policies, each of which is incorporated by reference where applicable.

When you access the Services through a mobile network, Your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using the Services may be prohibited or restricted by your network provider and the some or all parts of the Services may not work with your network provider or device.

Use of the Services

The Services are provided to You for your personal and non-commercial use only. You shall not sell, rent or give away your Services, create Services account by using a false identity or information, or on behalf of someone other than yourself. You shall not use the Services if you have previously been removed from using any part of the Services by MesibaGames, or previously been banned from playing any MesibaGames game.

Subject to your compliance with these Terms, MesibaGames grants to You a limited, nonexclusive, non-sublicensable and non-transferable right to use the Services and the executable versions (no source code) of any software or applications included in the Services. You may not use such any part of the Services for any purpose other than the permitted use of the Services.

You understand that for reasons that include, without limitation, system security and stability, Services may need to automatically update, pre-load, create new versions or otherwise enhance the application and accordingly, the system requirements to use the application may change over time. These Terms do not entitle You to future updates, new versions or other enhancements of the application although MesibaGames may choose to provide such updates, etc. in its sole discretion.

You shall give to MesibaGames correct personal and other information necessary for using the Services if such information is required. You shall inform MesibaGames of any changes to such information. You become a registered user of the Services by signing into the Services by using the in-app or in-game registration or any applicable registration form on the Services’ webpages. The registration can be done using your social networking credentials (e.g. Facebook login information) or by creating a Services account. You shall comply with the terms of service/use of any social networking service as well as these Terms if using such third party service to register into the Services. [You shall not create more than one account per platform to access the Services]

You are solely responsible for all your use of the Services. You may not reveal, share or otherwise allow others to use your password, or use passwords of others. You agree that You are personally responsible for the use of your Services account, and for all of the communication and activity in connection with the Services. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal) by third parties including minors.

Without limiting any other remedies, MesibaGames may limit, suspend, terminate, modify, or delete access to the Services or parts thereof if You fail to comply, or if MesibaGames suspects such failure, with the Terms or for any actual or suspected illegal or improper use of the MesibaGames services, without notice to You. You may lose, as a result of termination or limitation of your right to use the Services, material, content, in-app-purchases, privileges and/or items associated with your use of the Services, and MesibaGames is under no obligation whatsoever to compensate You for any such losses or results.

You may not sell, transfer or charge others for the right to use the Services or your Services account. MesibaGames reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.

You are solely responsible for your interactions with other users of the Services and any other parties with whom You may interact through the Services.

You may not use any technological or other means (such as by cheating or using bugs or glitches in the Services, or by using third party tools or software) to use the Services in a way that is not within the spirit of fair play or these Terms. You specifically agree that You will not:

use the Services for fraudulent or abusive purposes (including, without limitation, by using the Services to impersonate any person or entity, or otherwise misrepresent our affiliation with a person, entity or our Services);
disguise, anonymize or hide your IP address or the source of any content that You may upload;
interfere with or disrupt the Services or servers or networks that provide the Services;
attempt to decompile, reverse engineer, disassemble or hack any of the Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by us;
‘harvest’, ‘scrape’ or collect any information about or regarding other people that use the Services, including, but not limited to any personal data or information (including but not limited to ‘pixel tags’ cookies, graphics interchange formats (‘gifs’) or similar items a.k.a ‘spyware’ or ‘pcms’ (passive collection mechanisms);
disrupt the normal flow of a game or otherwise act in a manner that is likely to negatively affect other players’ ability to compete fairly when playing the games
disobey any requirements or regulations of any network connected to the Services;
circumvent technological measures designed to control access to, or elements of, the Services,
do anything else that is not within the spirit of fair play or the Terms

On certain devices You may be able to control what device system permissions You give to MesibaGames’s Services. MesibaGames’s Services are intended to be used with the full permissions listed upon the Service part’s installation, and refusing any of these permissions may come with the drawback that the Services may not function properly.

Ownership

a. Intellectual Property Rights

All rights, title and interest in and to the Services (including without limitation any games, titles, computer code, themes, objects, characters, names, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, moral rights, documentation, in-game chat transcripts, recording of games played using MesibaGames’s game clients and MesibaGames’s game clients and server software) (“MesibaGames Property”) are owned by or licensed to MesibaGames, subject to copyright and other intellectual property rights under Israeli and foreign laws and international conventions. MesibaGames reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service. Except as expressly provided in the Terms, MesibaGames does not grant any express or implied rights to the MesibaGames Property.

b. Accounts

YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY SERVICES ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF MESIBAGAMES.

c. Virtual Items

MesibaGames owns, has licensed, or otherwise has rights to use all of the content that appears in the Services. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Services, including without limitation the virtual goods or currency appearing or originating in any part of the Services, whether earned in a game or purchased, or any other attributes associated with an account or stored on the Services.

5. User Content

“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit to the Services, or that other users upload or transmit, including without limitation, any chat text. By transmitting or submitting any User Content while using the Services, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential or misleading; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by MesibaGames in accordance with its Privacy Policy.

MesibaGames assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Services for inappropriate content or conduct. MesibaGames does not, and cannot, pre-screen or monitor all User Content. Your use of the Services is at your own risk. By using the Services, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Services. At our discretion, our representatives or technology may monitor and/or record your interaction with the Services or communications (including without limitation chat text) when you are using the Service.

By agreeing to these Terms, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.

MesibaGames reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. If at any time MesibaGames chooses, in its sole discretion, to monitor the Services, MesibaGames nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. MesibaGames has the right, but not the obligation, in its sole discretion to edit, refuse topost, or remove any User Content.

a. Public Discourse

The Services may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. MesibaGames cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Services. MesibaGames shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

b. Responsible for Your Own Content

You are solely responsible for the information that you post on, through or in connection with the Services and that you provide to others. MesibaGames may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of MesibaGames violates these Terms.

c. Your License to MesibaGames

You hereby grant to MesibaGames an unlimited, irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license,sublicense, commercially exploit, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Services, including marketing and promotions of the Services. You also hereby grant to MesibaGames the right to authorize others to exercise any of the rights granted to MesibaGames under these Terms. You further hereby grant to MesibaGames the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. MesibaGames does not claim any ownership rights in your User Content and nothing in these Terms is intended to restrict any rights that you may have to use and exploit your User Content. MesibaGames has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

d. User Interactions

You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services. MesibaGames reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with MesibaGames to investigate any suspected unlawful, fraudulent or improper activity.

If you have a dispute with one or more users, you release MesibaGames (and its officers, directors, agents, affiliates, parent companies, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

e. Social Media and Game Content

With the limitations set in these Terms, you have the right to upload captions (such as audio, video and screenshots) of the Services to social media services (such as Facebook), online video services (such as YouTube), online picture sharing services (such as Instagram). All such material must be uploaded without editing them in a way that misrepresents the Services or any games included in the Services.

6. Fees and Purchase Terms

a. Purchases

In the Services you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash or gems, all for use in the Services; and (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”). You are only allowed to purchase Virtual Items from us or our authorized partners through the Services, and not in any other way.

MesibaGames may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice. MesibaGames shall have no liability to you or any third party in the event that MesibaGames exercises any such rights.

The transfer of Virtual Items is explicitly prohibited. You shall not sell, purchase, redeem or otherwise transfer Virtual Items to any person or entity or attempt any of the aforesaid, including but not limited to MesibaGames, another user or any third party.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.

The provision of Virtual Items for use in MesibaGames games is a service provided by MesibaGames that commences immediately upon acceptance by MesibaGames of your purchase.

b. Payment of Fees

You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. MesibaGames may revise the pricing for the goods and services offered through the Services at any time. YOU ACKNOWLEDGE THAT MESIBAGAMES IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

Third-Party Services and Material

The Services may contain links to websites operated by third parties or feature content which is made available by third-party services and enable You to access and use certain third-party services (such as video sharing services). Use of any websites operated by third parties, third-party services and/or content in third-party services shall be, in addition to these Terms, subject to the relevant third-party service provider’s terms and conditions applicable to use of such third-party services or the applicable license(s) under which any such content is made available. MesibaGames assumes no responsibility for such third-party services and/or content in third-party services.

These Terms shall be in addition to (and take precedence over where not prohibited) any terms and conditions, applicable to the distribution platform (such as an application store including e.g. Apple App Store, Google Play or Microsoft Store) through which you are acquiring the Services, agreed to between you and the relevant third-party entity.

Beta tests

MesibaGames may offer to You a chance to participate in beta tests (open or closed) of certain parts of its Services. Your participation into such beta tests may be subject to a separate non-disclosure agreement and/or supplemental policies.

By applying to and/or participating in beta tests You acknowledge and accept that:

Due to the unfinished and experimental nature of the beta tested parts of the Services MesibaGames may not provide any customer service or assistance regarding such parts of the Services. The parts of the Services being beta tested may be unfunctional on some devices regardless of their listed hardware or software requirements or specifications.
Any in-app purchases, items, equipment, experience points, in-game currency and other such content may be periodically reset by MesibaGames during the course of the beta tests. MesibaGames offers no refunds for any such lost content.
Any feedback or idea submitted by You to MesibaGames regarding the beta tested parts of the Services may be utilized by MesibaGames without any compensation to You. By submitting or creating any material, content (such as in-game user-created content) or feedback regarding the beta tested parts of the Services You grant to MesibaGames an unlimited, sublicensable, fully paid up, nonexclusive and transferable license to utilize such material, content and/or feedback in its business.
Your application to participate in beta tests does not entitle You to be invited to, or to participate in any beta test offered by MesibaGames.

Personal data and Security

Use of Your personal data is governed by MesibaGames Privacy Policy. You approve to processing your personal data in accordance with the MesibaGames Privacy Policy by downloading, installing, accessing or using the Services.

MesibaGames shall take appropriate measures to prevent unauthorized access to, improper use of and the reasonable accuracy of your personal data submitted to MesibaGames via the Services. We use various technologies, including, in certain instances, encryption, to ensure the high security standards. Any data that is stored on MesibaGames servers is not generally available to the public. However, the use of internet services always includes security risks.

You shall be liable for all your own equipment, internet connectivity and software as well as that they do not cause harm to MesibaGames and/or third parties. You agree not attempt to damage, hack, crack, reverse engineer, or otherwise interfere with the Services in any manner.

Support and Modifications

MesibaGames shall have no obligation to provide support or maintenance for the Services under this Agreement. MesibaGames may, at its sole discretion, provide limited customer support in the Services.

You understand that the Services are evolving. As long as your license for the Services is valid You are entitled to upgrades or updates of the Services. All upgrades and updates are provided to You on a license exchange basis. You agree that by using an upgrade or update You voluntarily terminate your right to use any previous version. Upgrades and updates may be licensed to You by MesibaGames with additional or different terms. You may need to update third party software and/or upgrade your equipment from time to time in order to use the Services.

Social Media and Game Content

You may freely upload captions (such as audio, video and screenshots) of the Services to social media services (such as Facebook), online video services (such as YouTube), online picture sharing services (such as Instagram). All such material must be uploaded without editing them in a way that misrepresents the Services or any games included in the Services.

Disclaimer / No Warranty

The Services are provided to You by MesibaGames “as is”. To the maximum extent permitted by applicable law, except as provided above, MesibaGames MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE SERVICES, THEIR QUALITY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE. AS A RESULT, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND YOU ARE ASSUMING THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE.

Indemnification

You agree to defend, indemnify and hold harmless MesibaGames, its affiliates, licensors, partners and subcontractors from all liabilities, claims and expenses, including reasonable attorneys’ fees, arising from or related to your breach of these Terms or portion hereof, or any act or omission by You relating to the Services. MesibaGames reserves the right to assume its own defense and/or control of any matter otherwise subject to indemnification by You hereunder.

Limitation of Liability

You understand and acknowledge that MesibaGames will not be liable for any network-related problems attributable to the operation of the Services and that network configuration changes may affect the system’s performance.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT MesibaGames SHALL HAVE NO LIABILITY WHATSOEVER IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SERVICES, AS SET FORTH HEREIN, INCLUDING ANY PHYSICAL OR SOFTWARE DAMAGE TO YOUR DEVICES. YOUR ONLY RIGHT OR REMEDY REGARDING ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO UNINSTALL ANY GAMES OR APPLICATIONS ASSOCIATED WITH THE SERVICES AND TO DISCONTINUE THE USE OF ANY WEBPAGES INCLUDED IN THE SERVICES.

MesibaGames SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE GAME, EVEN IF MesibaGames HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF MesibaGames IS IN SUCH CASE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Some jurisdictions may not allow (some) limitations of liability. In such cases some limitations may not apply to You.

Force Majeure

MesibaGames shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of MesibaGames, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond MesibaGames’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.

Provisioning of the Services and Termination

The license to use the Services granted under these Terms remains in effect until terminated by You or Us.

You may terminate the license at any time by uninstalling or destroying the applications relevant to the Services in your possession or control. Without prejudice to any other terms set forth in these Terms, the license will automatically terminate without notice from us if you in any way breach any provision of these Terms. Upon termination in accordance with these Terms for any reason, you must cease all use of the Services and promptly delete any applications and/or games associated with the Services. Your termination of the license for any reason shall not release you from any liabilities or obligations set forth in these Terms which (a) have expressly been stated as surviving any such termination or expiration, or (b) remain to be performed, or by their nature would be intended to be applicable following any such termination or expiration.

We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you will no longer be able to access and/or use any virtual money and/or virtual goods associated with that account and no refund will be offered to you in relation to the same. MesibaGames shall have the right to, at its sole discretion, decide upon provision of the Services and making it available to You and reserves the right to discontinue any aspect of the Services at any time.

You understand and agree that the cancellation of the license is your sole right and remedy with respect to any dispute related using the Services.

General

MesibaGames may assign or delegate its rights and obligations under the Terms and/or the MesibaGames Privacy Policy, in whole or in part, to any person or entity at any time without your consent. You may not assign or delegate rights or obligations under the Terms or Privacy Policy without MesibaGames’s prior written consent.

MesibaGames may publish additional policies related to specific games. Your right to use such game is subject to those specific policies and terms. These Terms, any supplemental policies of MesibaGames and any documents expressly incorporated by reference herein (including the MesibaGames Privacy Policy), contain the entire understanding of You and MesibaGames, and supersede all prior understanding between You and MesibaGames.

These Terms describe certain legal rights. You may have other rights under the mandatory provisions under the laws of your country. These Terms do not change your rights under the mandatory provisions under the laws of your country. When you use the Services, you agree that we may begin to provide the services immediately and that you will not be entitled to a cancellation or “cooling off” period, except if the mandatory provisions of the law requires such cooling off period. You and MesibaGames agree that if any portion of the Terms or if the MesibaGames Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without the remaining provisions of the terms, which shall continue to be in full force and effect.

MesibaGames reserves the right to change the fees related to the Services at any time, and the right to change, modify, add or remove portions of the Terms and its Privacy Policy at any given time. You should check the Terms and Privacy Policy regularly. You will be deemed to have accepted such changes by continuing to use the Services. MesibaGames will, however, notify Users by posting a note in the Services of any substantial changes to the Terms. Further, if at any point You do not agree to any portions of then-current version of our Terms, MesibaGames Privacy Policy ,or any other MesibaGames policy, rules or codes of conduct relating to your use of the Services, your license to use the Services shall immediately terminate, and You must immediately stop using the Services. Please check the Services on a regular basis so that You remain aware of the then-current Terms.

Disputes and Applicable Law

All disputes relating to the Services and the Terms shall be settled at the District Court of Tel Aviv, Israel having the sole jurisdiction.

These Terms shall be governed by and shall be construed in accordance with the laws of Israel excluding its choice of law provisions.

Contact info:

MesibaGames
Email: MesibaGames@google.com