The terms of this
agreement ("Terms of Service") govern the relationship between you
and Mobilez (we, us). Use of the Service is also governed by Our Privacy Policy
and other relevant policies, which are incorporated herein by reference.
Before accessing or
using the Service, including browsing our website or accessing a game, you must
agree to these Terms of Service and the Privacy Policy. You may also be
required to register an account on the Service (an "Account"). By
registering for an Account or otherwise using the Service, you represent that
you are age 13 or older. If you are between the ages of 13 and 17, you
represent that your legal guardian has reviewed and agreed to these Terms. If
you access the Service from a Social Networking Site ("SNS"), such as
Facebook or Google+, you shall comply with its terms of service/use as well as
these Terms of Service.
BY INSTALLING, USING
OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU
DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE
ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
We reserves the
right, at its discretion, to change, modify, add or remove portions of these
Terms of Service, its Privacy Policy and other relevant policies at any
time by posting the amended terms on our Service. You will be deemed to have
accepted such changes by continuing to use the Service. If at any point you do
not agree to any portion of the then-current version of our Terms of Service, our
Privacy Policy, or any other policy, rules or codes of conduct relating to your
use of the Service, your license to use the Service shall immediately
terminate, and you must immediately stop using the Service.
1. License
1.1. Grant of a Limited License to Use the
Service
Subject to your
agreement and continuing compliance with these Terms of Service and any other
relevant policies, we grants you a non-exclusive, non-transferable,
non-sublicensable, revocable and limited license to access and use the Service
for your own non-commercial entertainment purposes. You agree not to use the
Service for any other purpose.
The following
restrictions apply to the use of the Service:
§ You
shall not create an Account or access the Service if you are under the age of
13; You shall restrict use by minors, and you will deny access to children
under the age of 13. You accept full responsibility for any unauthorized use of
the Service by minors. You are responsible for any use of your credit card or
other payment instrument (e.g. paypal) by minors.
§ You
shall not (or attempt to) purchase, sell, rent or give away your Account,
create an Account using a false identity or information, or on behalf of
someone other than yourself; You shall not use the Service if you have previously
been removed by us, or previously been banned from playing any of our games.
§ You
shall use your Account only for non-commercial purposes; You shall not use the
Service to advertise, or solicit, or transmit any commercial advertisements,
including chain letters, junk or spam e-mail or repetitive or misleading
messages to anyone.
Login information and Your Account
You may be required
to select a password for your Account or you may also use other credentials to
access the Account ("Login Information"). You shall not share the
Account or the Login Information, nor let anyone else access your Account or do
anything else that might jeopardize the security of your Account. In the event
you become aware of or reasonably suspect any breach of security, including
without limitation any loss, theft, or unauthorized disclosure of the Login
Information, you must immediately notify us and modify your Login Information.
You are solely responsible for maintaining the confidentiality of the Login
Information, and you will be responsible for all uses of the Login Information,
including purchases, whether or not authorized by you. You are responsible for
anything that happens through your Account.
We 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.
The Service supports
only one Account per game on a supported device.
License Limitations
Any use of the
Service in violation of these License Limitations is strictly prohibited, can
result in the immediate revocation of your limited license and may subject you
to liability for violations of law.
You agree that you
will not, under any circumstances:
§ Engage
in any act that we deems to be in conflict with the spirit or intent of the
Service or make improper use of Our support services.
§ Use
or take part (directly or indirectly) in the use of cheats, exploits,
automation software, bots, hacks, mods or any unauthorized third-party software
designed to modify or interfere with the Service, any of our games or any of
our game experience.
§ Modify
or cause to be modified any files that are a part of the Service or any of our
games without Our express written consent.
§ Disrupt,
interfere with or otherwise adversely affect the normal flow of the Service or
otherwise act in a manner that may negatively affect other users' experience
when using the Service or playing Our games. This includes win trading and any
other kind of manipulation of rankings, taking advantage of errors in the
Service to gain an unfair edge over other players and any other act that
intentionally abuses or goes against the design of the Service.
§ Disrupt,
overburden, or aid or assist in the disruption or overburdening of any computer
or server ("Server") used to offer or support the Service or any of our
game environment.
§ Institute,
assist, or become involved in any type of attack, including without limitation
distribution of a virus, denial of service attacks upon the Service, or other
attempts to disrupt the Service or any other person's use or enjoyment of the
Service.
§ Attempt
to gain unauthorized access to the Service, Accounts registered to others or to
the computers, Servers, or networks connected to the Service by any means other
than the user interface provided by us, including but not limited to, by
circumventing or modifying, attempting to circumvent or modify, or encouraging
or assisting any other person to circumvent or modify, any security,
technology, device, or software that is part of the Service.
§ Post
any information that is abusive, threatening, obscene, defamatory, libelous, or
racially, sexually, religiously, or otherwise objectionable or offensive or
engage in ongoing toxic behavior, such as by repeatedly posting information on
an unsolicited basis.
§ Post
any information that contains nudity, excessive violence, or offensive subject
matter or that contains a link to such content.
§ Attempt
to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm
of another person, group, including our employees, including Our customer
service representatives.
§ Make
available through the Service any material or information that infringes any
copyright, trademark, patent, trade secret, right of privacy, right of
publicity, or other right of any person or entity or impersonates any other
person, including without limitation an employee.
§ 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 any of our games, or to obtain any information from the
Service or any of our games using any method not expressly permitted by us.
§ Solicit
or attempt to solicit Login Information or any other login credentials or
personal information from other users of the Service or any of our games.
§ Collect
or post anyone's private information, including personally identifiable
information (whether in text, image or video form), identification documents,
or financial information through the Service.
Mobilez reserves the
right to determine what conduct it considers to be in violation of the rules of
use or otherwise outside the intent or spirit of these Terms of Service or the
Service itself. Mobilez 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.
1.2.
Suspension and Termination of Account and Service
WITHOUT LIMITING ANY
OTHER REMEDIES, MOBILEZ MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE
ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR MOBILEZ
SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR
FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR
WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA IN THE SERVICE
AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS,
PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE,
AND US IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR
OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER
ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR
CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL
AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT
THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE
INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH
THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE
MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR
TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY
INTELLECTUAL PROPERTY RIGHTS.
MOBILEZ RESERVES THE
RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
Mobilez reserves the
right to stop offering and/or supporting the Service or a particular game or
part of the Service at any time, at which point your license to use the Service
or a part thereof will be automatically terminated. In such event, Mobilez
shall not be required to provide refunds, benefits or other compensation to
users in connection with such discontinued Service
. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
You may terminate
your Account at any time and for any reason by following the process described
on our support page located at https://www.mobilez.top,
informing us that you wish to terminate your Account.
2. Ownership
2.1. Games and Service
All rights, title and
interest in and to the Service (including without limitation any games, titles,
computer code, themes, objects, characters, character names, stories, dialogue,
catch phrases, concepts, artwork, animations, sounds, musical compositions,
audio-visual effects, methods of operation, moral rights, documentation,
in-game chat transcripts, character profile information, recordings of games
played using our client, and our clients and server software) are owned by us. Mobilez
reserves all rights, including without limitation, all intellectual property
rights or other proprietary rights, in connection with its games and the
Service.
2.2. Accounts
NOTWITHSTANDING
ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE
NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE 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 US.
2.3. Virtual Items
Mobilez owns, has
licensed, or otherwise has rights to use all of the content that appears in the
Service or in Our games. 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 Service, including without limitation the virtual goods or currency
appearing or originating in any of our games, whether earned in a game or
purchased from us, or any other attributes associated with an Account or stored
on the Service.
3. User Content
3.1. Submission of User Content
"User
Content" means any communications, images, sounds, and all the material,
data, and information that you upload or transmit through our client or the
Service, or that other users upload or transmit, including without limitation
any chat text. By transmitting or submitting any User Content while using the
Service, 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
us in accordance with its Privacy Policy.
3.1.1. Content Screening
Mobilez assumes no
responsibility for the conduct of any user submitting any User Content, and
assumes no responsibility for monitoring the Service for inappropriate content
or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your
use of the Service is at your own risk. By using the Service, 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 Service. At our discretion, our
representatives or
technology may
monitor and/or record your interaction with the Service or communications
(including without limitation chat text) when you are using the Service.
By entering into
these Terms of Service, 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.
Mobilez 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 Mobilez chooses, in its sole discretion, to
monitor the Service, Mobilez nonetheless assumes no responsibility for User
Content and assumes no obligation to modify or remove any inappropriate User
Content. We have the right, but not the obligation, in our sole discretion to
edit, refuse to post, or remove any User Content.
3.2. Information Use by Other Members of the
Service
3.2.1. Public Discourse
The Service may
include various forums, blogs and chat features where you can post User
Content, including your observations and comments on designated topics. Mobilez
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
Service. Mobilez shall have no responsibility to evaluate, use or compensate
you for any ideas or information you may choose to submit.
3.2.2. Responsible For Your Own Content
You are solely
responsible for the information that you post on, through or in connection with
the Service and that you provide to others. Mobilez 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 us violates these Terms of Service.
3.2.3. Your License to us
You hereby grant to
us an 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,
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 Service, including
marketing and promotions of the Service. You also hereby grant to us the right
to authorize others to exercise any of the rights granted to us under these
Terms of Service. You further hereby grant to us 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. Mobilez does not claim any ownership rights in your User Content and
nothing in these Terms of Service is intended to restrict any rights that you
may have to use and exploit your User Content. Mobilez has no obligation to
monitor or enforce your intellectual property rights in or to your User
Content.
3.3. User Interactions
You are solely
responsible for your interactions with other users of the Service and any other
parties with whom you interact through the Service and/or our games. Mobilez
reserve the right, but has no obligation, to become involved in any way with
these disputes. You will fully cooperate with Mobilez to investigate any
suspected unlawful, fraudulent or improper activity, including, without
limitation, granting Mobilez access to any password-protected portions of your
Account.
If you have a dispute
with one or more users, you release us (and our officers, directors, agents,
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.
4. Fees and Purchase Terms
4.1.Purchases
In the Service 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 diamonds, all for
use in Our games; (b) "virtual in-game items" (together with
"virtual currency", "Virtual Items"); and (c) other goods
or services ("Merchandise"). You are only allowed to purchase Virtual
Items from us or our authorised partners through the Service, and not in any
other way.
Mobilez may manage,
regulate, control, modify or eliminate Virtual Items and/or Merchandise at any
time, with or without notice. Mobilez shall have no liability to you or any
third party in the event that Mobilez exercises any such rights.
The transfer of
Virtual Items and Merchandise is prohibited except where expressly authorized
in the Service. Other than as expressly authorized in the Service, you shall
not sell, purchase, redeem or otherwise transfer Virtual Items or Merchandise
to any person or entity or attempt any of the aforesaid, including but not
limited to us, 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 Our games is a service provided by us that commences
immediately upon acceptance by us of your purchase.
4.2.
Payment of Fees
You agree to pay all
fees and applicable taxes incurred by you or anyone using an Account registered
to you. Mobilez may revise the pricing for the goods and services offered
through the Service at any time. YOU ACKNOWLEDGE THAT MOBILEZ 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.
5. Updates to the Service
You understand that
the Service is an evolving one. Mobilez may require that you accept updates to
the Service and to Our games you have installed on your device or computer. You
acknowledge and agree that Mobilez may update the Service and us games, with or
without notifying you. You may need to update third party software from time to
time in order to receive the Service and play Our games.
6. Disclaimer of Warranties
WITHOUT LIMITING OUR
LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND
THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. MOBILEZ DOES NOT
WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE
THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR
CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS
WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
7. Limitation of Liability; Sole and Exclusive Remedy;
Indemnification
TO THE MAXIMUM EXTENT
PERMITTED BY LAW, MOBILEZ SHALL NOT BE LIABLE TO YOU FOR ANY 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 THESE TERMS OF SERVICE OR
THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT MOBILEZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT NOT PROHIBITED BY LAW, MOBILEZ SHALL NOT BE LIABLE TO YOU FOR
MORE THAN THE AMOUNT YOU HAVE PAID TO US IN ACCORDANCE WITH THESE TERMS OF
SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST
ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO
US DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND OUR EXCLUSIVE LIABILITY) FOR
ANY DISPUTE WITH MOBILEZ IS TO STOP USING THE SERVICE AND TO CANCEL YOUR
ACCOUNT.
NOTHING IN THESE
TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE
OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT
OF US OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF
US.
You agree to
indemnify, defend and hold Mobilez (and our officers, directors, agents,
subsidiaries, joint ventures and employees) harmless from any claim, demand,
damages or other losses, including reasonable attorneys' fees, asserted by any
third-party resulting from or arising out of your use of the Service, or any
breach by you of these Terms of Service, however the foregoing does not apply
if the infringement of rights is not attributable to your intentional or
negligent behavior.
8. Dispute Resolution and Law
If a dispute arises
between you and us, we strongly encourage you to first contact us directly to
seek a resolution by going to our customer support site at https://www.mobilez.top.
If you are a resident of the United States, these Terms of Service and any
dispute arising out of or related to it or Privacy Policy or the Service shall
be governed in all respects by California law, without regard to conflict of
law provisions. You agree that any claim or dispute you may have against us
must be resolved exclusively by a court located in San Francisco, California.
If you are a resident outside of the United States, you agree that all disputes
between you and us shall be governed by the laws of China, without regard to
conflict of law provisions. You agree that any claim or dispute you may have against
us must be resolved exclusively by a court located in Beijing, China.
9. Severability
You and us agree that
if any portion of these Terms of Service or of our 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 affecting the remaining provisions of the terms, which
shall continue to be in full force and effect.
10. General Provisions
10.1. Assignment
Mobilez may assign or
delegate these Terms of Service and/or our privacy policy, in whole or in part,
to any person or entity at any time with or without your consent. You may not
assign or delegate any rights or obligations under the Terms of Service or
Privacy Policy without Our prior written consent, and any unauthorized
assignment and delegation by you is ineffective.
10.2. Supplemental Policies
Mobilez may publish
additional policies related to specific services such as forums, contests or
loyalty programs. Your right to use such services is subject to those specific
policies and these Terms of Service.
10.3. Entire Agreement
These Terms of
Service, any supplemental policies and any documents expressly incorporated by
reference herein (including our privacy policy), contain the entire
understanding of you and us, and supersede all prior understandings of the
parties hereto relating to the subject matter hereof, whether electronic, oral
or written, or whether established by custom, practice, policy or precedent,
between you and us with respect to the Service.
10.4. No Waiver
Our failure to
require or enforce strict performance by you of any provision of these Terms of
Service or our privacy policy or failure to exercise any right under them shall
not be construed as a waiver or relinquishment of Our right to assert or rely
upon any such provision or right in that or any other instance.
The express waiver by
us of any provision, condition, or requirement of these Terms of Service or our
Privacy Policy shall not constitute a waiver of any future obligation to comply
with such provision, condition or requirement.
Except as expressly
and specifically set forth in this these Terms of Service, no representations,
statements, consents, waivers, or other acts or omissions by us shall be deemed
a modification of these Terms of Service nor legally binding, unless documented
in physical writing, hand signed by You and a duly appointed officer of us.
10.5. Notices
We may notify you via
postings on www.mobilez.top, and
via e-mail or any other communications means to contact information you provide
to us. Any notices that you provide without compliance with this Section on
Notices shall have no legal effect.
10.6. Equitable Remedies
You acknowledge that
the rights granted and obligations made under these Terms of Service to us are
of a unique and irreplaceable nature, the loss of which shall irreparably harm us
and which cannot be replaced by monetary damages alone so that Mobilez 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 our games, 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, limited
by Section 7 (if any).
10.7. Force Majeure
We shall not be
liable for any delay or failure to perform resulting from causes outside our
reasonable control, including without limitation any failure to perform
hereunder due to unforeseen circumstances or cause beyond Our 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.
