Terms and Conditions for MobileCola Games and Applications
1 About these terms
1.2 You agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to play our Games.
1.3 You can access these terms at any time at http://www.mobilecola.com/consumer-terms.html
We can make changes to these terms at any time in accordance with paragraph 14 below and your continued use of our Games shall confirm your acceptance of the updated terms.
2 About accessing and playing our Games or using our Applications
2.1 The specific game rules, scoring rules, controls and guidelines for each Game can be found within the Game itself. Such rules, scoring rules, controls and guidelines form part of these terms and you agree that you shall comply with them in respect of each individual Game which you choose to access and/or play.
2.2 You are responsible for the internet connection and/or mobile charges that you may incur for playing our Games. You should ask your mobile operator if you are unsure what these charges will be, before you play.
2.3 We have the right to withdraw or modify one or more of our Games (in whole or in part) without liability to you from time to time:
3.1 You agree that you shall take all steps necessary to protect your login details and keep them secret. You agree that you shall not give your login details to anyone else or allow anyone else to use your login details or account. In these terms, references to "login details" or "account" include your login details and account for any social network or platform that you may allow our Games to interact with.
3.2 If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.
3.3 We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and playing our Games and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
3.4 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 (as defined below) associated with that account and no refund will be offered to you in relation to the same.
3.5 You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, the level or score you have reached in our Games and any Virtual Money or Virtual Goods associated with your account).
4 Virtual Goods and Virtual Money
4.1 Our Games may include virtual currencies such as coins, gold coins, Animal Likes and points ("Virtual Money") or items or services for use with our Games ("Virtual Goods"). You can buy Virtual Money from us for real money if you are at least 18 years old. If you are over 18 years old you may also be able to buy Virtual Goods for real money and/or other credits. You agree that Virtual Money and Virtual Goods can never be exchanged for real money, real goods or real services from us or anyone else. You also agree that you will only obtain Virtual Money and/or Virtual Goods from us, and not from any third party.
4.2 You do not own Virtual Goods or Virtual Money but instead you purchase a limited personal revocable licence to use them any balance of Virtual Goods or Virtual Money does not reflect any stored value.
4.3 You agree that all sales by us to you of Virtual Money and Virtual Goods are final and that we will not refund any transaction once it has been made. If you live in the European Union you have certain rights to withdraw from distance purchases. However, please note that when you purchase a licence to use Virtual Goods or Virtual Money from us, the performance of our services begins promptly once your purchase is complete and therefore your right of withdrawal is lost at this point.
4.4 If you live in the European Union, and if VAT invoice is required, we expect that to come to you from Google Play Store or Apple App Store whichever is applicable, MobileCola independently will not be able provide you with a VAT invoice. If you are not getting required VAT invoice from respective App Store, and it is required by law, you shall dis-continue accessing or playing the Game or buying of Virtual Goods.
4.5 We reserve the right to control, regulate, change or remove any Virtual Money or Virtual Goods without any liability to you.
4.6 Without limiting paragraph 3.5, if we suspend or terminate your account in accordance with paragraph 7 of these terms you will lose any Virtual Money and Virtual Goods that you may have and we will not compensate you for this loss or make any refund to you.
5 User conduct and content
5.1 You must comply with the laws that apply to you in the location that you access our Games from. If any laws applicable to you restrict or prohibit you from playing our Games, you must comply with those legal restrictions or, if applicable, stop accessing and/or playing our Games.
5.2 You promise that all the information you provide to us on accessing and/or playing our Games is and shall remain true, accurate and complete at all times.
5.3 Information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Games by you or another user ("Content"). You understand and agree that all Content that you may be sent when playing our Games, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Games.
5.4 You agree not to upload, communicate, transmit or otherwise make available any Content:
5.7 We have the right to remove uploaded Content from our Games if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our Games into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by people that play our Games and we make no undertaking to do so.
5.8 You are solely responsible for your interactions with other users of our Games.
6 Playing our Games against opponents
6.1 Some of our Games allow you to play against an opponent. You may be able to (i) choose to play against an opponent whom MobileCola selects for you, or (ii) play against one of your contacts on a platform or social network which you have allowed our Games to interact with. Some of our Games may also allow you to search for your friends (for example, by email address) in order to find them to play against. We may also display the display names of your past opponents so that you can easily find them to play again.
6.2 Where MobileCola selects an opponent for you, we may either select at random or use such criteria as we see fit to select your opponent (for example, your past scores or level you have reached in the Game).
6.3 By accessing and/or playing those of our Games which allow you to play against an opponent, you agree to your display name, scores, and other related details being displayed to other users. You also understand and agree that other users may find you by searching for you with your email address. Please note that we will only show your display name publically, and not your email address; another user must know your email address themselves in order to search for you.
7 Your breach of these terms
7.1 We reserve the right to suspend or terminate your access to our Games (including by deleting your account) if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches). Without limitation, any breaches of paragraphs 5.4 or 5.5 are likely to be considered material breaches.
7.2 You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.
8 Disclaimer and release
8.1 We do not accept liability for death or any personal injury resulting from playing of our Games or use of our Application software or any work of our employees or agents, and for losses or harm caused by fraud by any fake agents claiming to be from MobileCola, or any other liability which may not by law be excluded.
8.2 For any losses or harm (other than those mentioned in paragraph 8.1), in any period of twelve months, we will only be responsible for losses or harm which are a reasonably foreseeable consequence of our negligence or breach of these terms and conditions up to the value of the amount that you have paid to us in the 100 day period ending on the date of your claim. Losses and harm are foreseeable where they could be contemplated by you and us at the time of you agreeing to these terms and conditions.
8.3 We are not responsible for:
8.5 Any additional legal rights which you may have as a consumer remain unaffected by these terms.
9 Intellectual property
9.1 You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to our Games (other than Content which is contributed and owned by players) is owned by or licensed to us.
9.2 Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and use our Games (but not the related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use our Games for anything else.
9.3 You must not copy, distribute, make available to the public or create any derivative work from our Games or any part of our Games unless we have first agreed to this in writing.
9.4 In particular, and without limiting the application of paragraph 9.3, you must not make available any cheats or technological measures designed to control access to, or elements of, our Games, including providing access to any Virtual Currency and/or Virtual Goods, whether on a free of charge basis or otherwise.
9.5 By submitting Content (as defined in paragraph 5.3) via our Games you:
10.1 We use highly secure cloud server of highly reputed Tier 1 companies like Google and Facebook, to store only the publicly accessible profile information of our application or game users. These services are highly secured as per claims of these companies, but could have limitations. By accessing or playing our Games or using our applications, you agree to such limitations and storing of profile information.
10.3 Any personal information that we may collect may also be subject to the policy of any social network that you may agree to link our Games to. If you play our Games and you agree to allow them to interact with a social network you are giving us permission to use your email address and other personal information which that social network shares with us that will allow us to personally identify you. You are also granting us permission to help your contacts on that network find you so that you can play socially. This is intended to make our Games more enjoyable for you and others that play our Games on the social network. If you do not agree to these practices you should not allow our Games to interact with your social network.
12 Transferring these terms
We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.
13 Entire agreement
These terms set out the entire agreement between you and us concerning our Games (as defined in paragraph 1) and they replace all earlier agreements and understandings between you and us. If you also access or play our Games or Applications via other platforms (for example, on our website or via any other third party website or service) then different terms and conditions apply in respect of those Games and Applications.
14 Changes to these terms
You can find these terms at any time by visiting about.MobileCola.com/consumer-terms
We reserve the right to update these terms from time to time by posting the updated version at that address. We may do so because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or playing our Games or Applications.
If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable.
16 Waivers of our rights
Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
17 Complaints and dispute resolution
Most concerns can be solved quickly by contacting us at MobileCola@Live.com
In the unlikely event that we cannot solve your concern and you wish to bring legal action against us these terms shall be governed by and construed in accordance with the laws of India.
18 Questions about these terms
If you have any questions about these terms or our Games or Applications, you may contact us by email at MobileCola@Live.com
These terms were last updated on 1 January 2015.
If you experience an issue with any of our products or you want to provide feedback, comments, suggestions or new ideas, please contact us by sending mail on MobileCola@Live.com.