Terms of Serivce
1. About us
2. Registration and Account
2.1. Subject to your agreement and continuing compliance with these Terms of Service and any other relevant policies and terms and conditions, Mempic grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose. Mempic offers a great variety of games on its portals and on other platforms such as application stores. These games are free to play unless indicated otherwise. However, you are solely responsible for any costs you may incur using the Service through any wireless or other communication service. In certain games you may purchase virtual items (such as a virtual game element or virtual coins) or a subscription to download a game.
3. User Generated Content
3.1. The Service may contain content from players ("User Generated Content"), such as messages, wall posts, opinions comments, pictures, or graphics. We are not actively involved in the creation nor publication of such User Generated Content, and we do not endorse any User Generated Content, nor do we warrant that such content does not infringe any third party rights or is not (otherwise) unlawful. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Generated Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Generated Content available in connection with the Service. Mempic is not responsible nor liable for any User Generated Content. We do however appreciate it if you report any irregularities that you encounter regarding User Generated Content via email@example.com. We may subsequently take action against the reported User Generated Content, as we deem – at our own discretion – appropriate under the given circumstances.
3.2. If you submit any User Generated Content yourself, you grant Mempic a non-exclusive, irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third parties) to use, publish, reproduce, distribute, adjust, prepare derivative works of, or otherwise exploit in any manner whatsoever such submitted User Generated Content, or any portion thereof, by any and all means and in all forms of media, now known or hereafter developed. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have regarding such User Generated Content.
3.3. Without prejudice to 3.2, you will retain possible ownership in your User Generated Content. We reserve the right to monitor any User Generated Content and your activities in connection with the Service, but cannot monitor or prescreen all of the User Generated Content and do not attempt to do so. We have the right, but not the obligation, to edit, refuse to post, or remove any User Generated Content posted on the Service at our own discretion, for any reason whatsoever at any time.
3.4. If you submit any User Generated Content to the Service, you:
- acknowledge and agree that every user of the Service may have access to such User Generated Content, and that Mempic has no control over that information or what users do with it;
- warrant that you are authorized to do so and to grant Mempic the license referred to in 3.2, and that such content does not infringe any third party rights, including but not limited to any intellectual property rights, and does not violate any applicable law. You indemnify Mempic against any third party (among which any authorities) claims, related costs and damages in this respect.
3.5. Upon first request, you will cooperate with Mempic to investigate any suspected unlawful, fraudulent or improper User Generated Content (whether from yourself or another player) or other activities on the Service. You indemnify Mempic and its officers, directors, agents, subsidiaries, joint ventures and employees) against any claims, related costs and damages arising out of or in any way connected with any disputes with Service users or other third parties that may arise on, or in connection with the Service.
4. Advertisements and Third Party Content
4.1. When providing you with our games on the Service we may display advertising before, in, after or around such games. Any dealings you engage in with any advertisers via our Service are between you and the advertiser, and subject to additional terms and conditions from such advertiser (if any). Mempic is not liable for any loss or claim you may have against any advertiser.
4.2. The Service may include links to websites of third parties, including links provided as automated search results. The existence of such links does not mean that we endorse these third-party sites or services. You acknowledge and agree that we are not responsible or liable for any content or other materials on these third-party sites.
5. Conduct on the Service
5.1. You may use the Service offered on it only for lawful, spersonal, non-commercial purposes. To the extent any content is available for downloading, such content may only be downloaded for personal use, and may not be further reproduced or distributed. Any download is subject to the rules that accompany that particular content.
5.2. You may not:
- engage in any act that Mempic deems to be in conflict with the spirit or intent of the Service;
- use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service;
- use the Service in a manner that exceeds the rights granted for your use;
- use the Service for any data mining, robots, or similar data-gathering and extraction tools on the content; frame any portion of the Service;
- reproduce, copy, adjust, display, modify, translate, port, publish, (sub)license, transfer, or otherwise distribute or exploit the content available on the Service without our prior written consent;
- reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by Mempic;
- offer any form of advertising or promotion on the Service without our prior written consent;
- provide any false personal information, or any information, content, or material on account of a third party without permission;
- transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages) through the Service;
- use the Service in a manner that could damage, disable, or overburden our servers or networks interfere with any other party’s use and enjoyment of the Service or circumvent any mechanisms included in the Service for preventing the unauthorized reproduction or distribution of any content on the Service.
5.3. You may not submit or transmit through the Service any information, content, or material or otherwise engage in any conduct that:
- violates or infringes the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts, or is pornographic;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- impersonates any person, business, or entity, including Mempic and its employees and agents;
- contains viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any software or hardware or telecommunications equipment, or that otherwise permit the unauthorized use of a computer or computer network;
- encourages conduct that would constitute a criminal offense or give rise to civil liability; or vii) otherwise violates these Terms of Service, guidelines, or any policy posted on the Service.
Mempic reserves the right to determine what conduct it considers to be in violation of the Terms of Service or otherwise outside the intent or spirit of these Terms of Service. Mempic reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.
6. Virtual items and in-game purchases
6.1. Within certain games on the Service you may purchase a limited, personal, non-transferable, non-sublicensable, revocable license for virtual items (such as a virtual game element or virtual coins), game progress, or a subscription to (download) a game ("Paid Services"), provided that you have registered an Account on the Service. You may only purchase Virtual Items from us or our authorized partners through the Service, and not in any other way. Mempic may manage, regulate, control, modify, eliminate or change the price of virtual items and/or services at any time, with or without notice. Mempic shall have no liability to you or any third party if Mempic exercises any such rights. The transfer of virtual items is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer virtual items to any person or entity, including but not limited to Mempic, another user or any third party. Any purchases via the Service require you to enter into an agreement with either Mempic or the relevant Payment Service Provider ("PSP") to carry out the payment (you will see on the payment screen which PSP you are concluding the transaction with). As a parent/legal guardian you are responsible for any payments made via credit card or other payment instrument (e.g. phone, SMS, Paypal) on the Service by a minor.
6.2. Mempic and/or its licensors may manage, regulate, control, modify or eliminate Paid Services at any time, with or without notice. Mempic and/or its licensors shall not be liable to you or any third party in such event.
6.3. Once a payment has been made for a Paid Service via the Service, there is no right to a refund. Mempic reserves the right to cancel and delete all, or a part of (the balance of) the Paid Services you purchased on the Service if:
- you have not used your Account for 180 consecutive days, as referred to in 2.4 above;
- if we do no longer offer the content or Service that the (balance of) the Paid Services relates to, subject to prior notice by Mempic to that extent;
- you fail to comply with these Terms of Service.
There is no right for refund or other compensation for unused Paid Services in this respect. If a Paid Service becomes unavailable following a transaction but prior to download, your sole remedy is limited to a refund of the price paid for the unavailable virtual product. If technical problems prevent or unreasonably delay delivery of your virtual product, your exclusive and sole remedy is either replacement or a refund of the price paid, as determined by Mempic. We will accept your return of products that are not virtual products (e.g., virtual goods, subscriptions and game progress are virtual products) purchased through the Service as long as the products and packaging are returned in their original condition within thirty (30) days of shipment to you. When we ship you physical products, we will include a return authorization form that you need to enclose along with anything you send back to us. Virtual products are non-refundable, and non-returnable except, in our sole and absolute discretion.
7. Proprietary rights
7.1. The Service includes a variety of content, marks, data, works, and material of Mempic and third parties ("Content"), including but not limited to logo’s, trademarks, look & feel, trade names, software, games, layouts, information, text, data, music, video, images, scripts, designs, graphics, button icons, instructions, and illustrations. Unless otherwise specified in writing, all Content is owned, controlled, or licensed by Mempic or its licensors. All Content is copyrighted under copyright laws and/or other intellectual property laws protecting it from unauthorized use. The Trademarks, the logos and designs may not be used without Mempic express written permission. You agree not to copy, redistribute, publish or otherwise exploit any Content in violation of the intellectual property rights of Mempic or any other third party. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other proprietary rights in the Account. All right in and to the Account are and shall remain owned and inure to the benefit of Mempic.
7.2. We may make Content available for you to download or use. Such Contentwill be subject to the terms of the license agreement that accompanies it. If there is no license agreement presented to you with the Content, then the following license, in addition to the other terms of these Terms of Service, shall govern your use of such Content. We grant you a personal, nonexclusive, non transferable, limited license to install the Content on any single computer or device. The Content is protected by copyright and other intellectual property laws and treaties and is owned by us or our licensors. You may not sell or redistribute the Content. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile, or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt, or create derivative works from the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations regarding your use of the Content. You may not authorize or assist any third party to do any of the things prohibited in this paragraph. We may automatically check your version of the Content and update it to improve its performance and capabilities. If you shut down the Content during an automatic update or otherwise interfere with the installation of the update, the content may be damaged and/or cease to operate.
7.3 The Service is continuously evolving and Mempic may require that you accept updates to the Content and the Service. Such update may take place with and without notification.
8. Disclaimer of warranties and limitation of liability
8.1. We provide the Service ‘AS IS’, with all faults and as available. We and our licensors make no express warranties or guarantees about the Service. Mempic is not obligated to supply any support whatsoever. To the extent permitted by law, we and our suppliers disclaim implied warranties that the Service is merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, and non-infringing. We do not guarantee that the Service will meet your requirements or will be error-free, reliable, without interruption, or available at all times. We do not guarantee that the results that may be obtained from the use of the Service (including any support services) will be effective, reliable, or accurate or will meet your requirements. We do not guarantee that you will be able to access or use the Service (either directly or through third-party networks) at times or locations of your choosing. No oral or written information or advice given by a representative of Mempic shall create a warranty. We may discontinue or change any service or feature of the Service at any time and without notice. You may have additional consumer rights under your local laws that this contract cannot change and that Mempic will adhere to.
8.2. Your sole and exclusive remedy for any dispute with us is to discontinue your use of the Service. In no event shall our liability (or the liability of our parent company or our suppliers) for any and all claims relating to the use of the Service exceed the total amount of payments that you made to us during the six (6) months immediately preceding the event giving rise to the dispute. You acknowledge and agree that if you have not paid anything to Mempic during such time period, your sole remedy (and Mempic exclusive liability) for any dispute with Mempic is to stop using the Service and to deactivate your Account. Mempic, ITS AFFILIATES, SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE Terms of Service OR ANY APPLICABLE ADDITIONAL TERMS, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Mempic HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some countries, states, or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries, states, or jurisdictions, our liability (and the liability of our parent and suppliers) shall be limited to the extent permitted by law.
8.3. We make no representation that any Service is appropriate or available for use in locations outside the Israel. If you choose to access the Service from a location outside the Israel, you do so on your own initiative and you are responsible for compliance with local laws. The foregoing does dot prejudice the limitations of liability and the indemnifications, elsewhere in these terms conditions.
8.4. If in your view any copyright or other intellectual property right ("IP right") that you may have is being infringed by/on the Service, please inform us of hereof immediately, thereby providing us with:
- the electronic or physical signature of the owner of the IP right or the person authorized to act on the owner’s behalf.
- a description of the IP right that you claim has been infringed and a description of the infringing activity.
- identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published or in case of a registered brand name, an excerpt of such register evidencing the registry.
- if you are not the owner of the IP right, a copy of a license in which you are granted the right to use and to protect such IP right.
- identification of the URL or other specific location on this site where the material that you claim is infringing is located; this information must be specific enough in order to enable us to localize such material.
- your name and full contact details.
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
Except for, and without prejudice to your full liability and indemnification obligations set forth in this Agreement, Mempic shall not be liable for any lost profits, or any form of special, incidental, indirect, consequential or punitive damages arising out of or related to this agreement. Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies as well as any respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
10.1. This contract and any supplemental terms, policies, rules, and guidelines posted on the Service constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
10.2. You agree that we may electronically provide to you required notices, agreements, and other information concerning the Service. If you no longer agree to receive notices electronically, please cease using the Service and/or expunge the Service from your computer or device.
10.3. We may change these Terms of Service and will provide notice thereof via the Service. The most recent version of these terms shall at all times be accessible via the Service. You are responsible for checking these Terms of Service periodically for changes. If you continue to use the Service after the changes to these Terms of Service have come into force, you are signifying your acceptance of the new terms.
10.4. These terms and conditions are governed by Dutch law. Any claims or dispute that may arise in connection with these terms and conditions or the use of the Service will be submitted to the competent court in Israel, unless otherwise agreed upon by Mempic and/or another dispute resolution forum is available pursuant to mandatory consumer law. If a dispute arises between you and Mempic, we strongly encourage you to first contact us directly to seek a resolution. You can contact us via firstname.lastname@example.org
10.5. Mempic shall not be deemed in default hereunder for any cessation, interruption or delay in the performance of its obligations due to causes beyond its reasonable control, including but not limited to: earthquake, flood, or other natural disaster, act of God, labor controversy, civil disturbance, war (whether or not officially declared) or the inability to obtain sufficient supplies, transportation, or other essential commodity or service required in the conduct of its business, or any change in or the adoption of any law, regulation, judgment or decree (each a “Force Majeure Event”).
10.6. You acknowledge that the rights granted and obligations made under these Terms of Service to Mempic are of a unique and irreplaceable nature, the loss of which shall irreparably harm Mempic and which cannot be replaced by monetary damages alone so that Mempic shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any of Mempic, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages.