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MASOMO - TERMS OF SERVICE

These terms form a legal agreement between you and Masomo Limited (registered number 10064530) ("us", "our", "we", "Masomo").

These terms together with our Privacy Policy and Cookie Policy (collectively the "Terms") govern our relationship with you and set out how you may use our website www.masomo.com (our "Site"), and any games, in-game purchases and services we offer (our "Services"). Please read the Terms carefully to make sure you understand them.

Who are we?
We are Masomo Limited. We are a company registered in the United Kingdom whose registered number is 10064530 and whose registered address is 82 St John Street, London, United Kingdom, EC1M 4JN. Our contact details are set out in the "How to contact us" section below.

These Terms are a legal agreement between you and us
These Terms form a legal agreement between you and us. They explain what terms you must comply with whenever you use our Services or access our Site. By agreeing to these Terms accessing our Site or using our Services, you agree to accept and be legally bound by these Terms. If you do not agree with the Terms, you should not access our Site or use our Services.

You are also responsible for ensuring that all persons who access the Site or use our Services through your internet connection are aware of these Terms, along with other applicable terms and conditions, and that they comply with them. We recommend that you print a copy of these Terms for future reference.

You should carefully read our Privacy Policy and Cookie Policy to understand how we use your personal information
Our Privacy Policy and Cookie Policy explain how we use your personal information, including who we may share it with; how long we keep it; the circumstances in which we, or others, may contact you (including sending you advertising and marketing messages); and what rights you have in relation to your personal information. Click on this link to read our Privacy Policy and Cookie Policy

We will only use your personal data as set out in our Privacy and Cookie Policy.

We may amend the Privacy and Cookie Policy without notice and at our absolute discretion, and by continuing to use the Site or our Services you accept such changes.

Accessing our Site
The use of our Site is subject to the following terms of use:

You also agree not to access without authority, interfere with, damage or disrupt:

The content of the Site is for your general information and use only and it is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.

Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up to date.

Where the Site contains information uploaded by other users of the Site this information has not been verified or approved by us. The views expressed by other users on the Site do not represent our views or values.

Access to the Site and any related application is permitted on a temporary basis, and we reserve the right to withdraw or amend the Site and the Service we provide without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period.

You are responsible for configuring your information technology, computer programmes and platform to access the Site. You should use your own virus protection software.

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

We are the owner or the licensee of all intellectual property rights in the Site, its content and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.This material includes, but is not limited to, the design, layout, look, appearance and graphics of the Site.

All trademarks reproduced in the Site which are not the property of, or licensed to the operator, are acknowledged on the Site.

You must follow our Rules whenever you use our Services
As a condition of using our Services you agree to comply at all times with the following rules (our "Rules").

You agree that you will not do any act, or share, distribute, make available, or transmit any data, message, or file that:

In addition, it is against the Rules to participate in any of the following:

Exchanging and selling game accounts or earning money by using Virtual Items are strictly forbidden.

We may terminate or restrict your right to use the Services, or disable your account, if we think that you have not followed the Rules or if we reasonably believe that you have otherwise behaved inappropriately while using our Services. In addition, if we believe you have cheated in any way, then we may also remove any applicable in-game purchases from you including for example, any Virtual Items, which you have obtained by cheating.

If you think that another user may be breaching our Rules, please let us know, using the contact details below. However, we cannot guarantee that others will comply with the Rules, and we are not responsible for any other user's failure to comply with them.

We may delete any material that we consider breaches our Rules. You agree that we may share information which identifies you with law enforcement officials if we think we need to, including in relation to any possible breaches of our Rules. Please read our Privacy Policy which explains in more detail how we may use your personal information.

We may update the Services or our Site from time to time
From time to time, we may deploy or provide patches, updates, upgrades, additional content or other modifications to the Services or our Site (for example for maintenance, enhancements, to add or remove features, resolve software bugs or address security concerns).

These updates and upgrades may result in the Services or the Site being temporarily unavailable. In certain circumstances, we may need to suspend, withdraw or disable the Services and access to the Site for longer periods while we deploy these updates and upgrades. We will always try and give you notice of this, but it may not be possible all cases. We would always recommend that you have the latest version of the Services installed. If you do not install any update or upgrade then all of the functionality and features of the Services may not be available to you.

Virtual Items
Our Services may enable you to acquire certain virtual items. This includes, for example, virtual currency, points, or similar virtual items (together "Virtual Items"). You agree that you do not actually own these Virtual Items and the virtual value of any Virtual Item does not correspond or equate to any real-life monetary value, credit balance or currency.

Any virtual currency or similar balance does not constitute a real-world balance or comprise any stored value. Your right to use the Virtual Items is personal to you unless we agree otherwise, and is limited to the licence granted below - see section below entitled "Your right to use the Services". You may not re-sell or trade any Virtual Items.

Please note that if you remove and reinstall a game on a new device, you may lose your in-game purchases, including any Virtual Items.

Who owns the content made available through the Services?
We either own, or have a licence to use, all of the content and information contained in the Services (including our games), including all the intellectual property rights in our Services. For example, we own, or have a licence to use, all the software code, graphics, images, trademarks, designs, logos, videos and text in our games.

You are not allowed to use the Services unless expressly allowed under these Terms. You may not reverse engineer, decompile, disassemble or modify the Services in any way.

User Content
The Services may allow you to create a username and an online identity which allows you to communicate with others. For example, our Services may allow you to share messages, images, and video online ("User Content").

You promise that you have the right to share and use such User Content, that it and you will comply with the Rules when doing so. You agree that we may use your User Content for any purpose in connection with the Services (including re-posting it and sharing it) without any payment or obligation to you or anyone else. We may remove any potentially infringing User Content without notice.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.

Your right to use the Services
Subject to these Terms, we grant you a non-exclusive, non-sublicensable, personal, non-transferable, revocable, limited licence to access and use the Services for your own non-commercial entertainment purposes. You agree not to use the Services for any other purpose.

We will not be liable to you in certain circumstances
We do not guarantee that the Services or the Site will always be available or be uninterrupted, timely, secure or free from bugs, viruses, errors or omissions. For example, there may be times when the Services or the Site are unavailable due to maintenance or technical problems. We may change the Site without notice and we may also change, suspend or discontinue certain Services. We will always try and give you notice of changes or disruptions to the Services, but it may not be possible in all cases (for example for reasons beyond our control, or if there is an emergency security issue).

We will not be liable for any loss or damage that you suffer as a consequence of any Service(s) or the Site becoming temporarily or permanently unavailable.

We are not responsible for the following types of loss or damage which may arise from your use of the Services or access of the Site:

We will take reasonable steps to ensure that our Services and our Site are free from viruses, bugs and other malicious software but we do not guarantee they will be free from these and we recommend you use appropriate anti-virus software.

What happens if I download a game through an online store such as the iTunes App Store or Google Play Store?
You will also be asked to agree to the relevant online store terms which will also apply in addition to these Terms. You should read these online store terms carefully.

If you make any in-game purchases, then the relevant online store provider's terms and conditions will also apply. You acknowledge that any billing and transactions are handled by the online store provider. You should contact the online store provider directly if you have any payment related issues with in-game purchases.

Closing your account with us
If you have created an account with us, you can close it at any time by emailing us using the following link: support@masomo.com

Please note that we may close your account with us if it is inactive for 180 days.

You are responsible for ensuring you have the necessary equipment to use our Services
You must provide all equipment and software necessary to connect to the Services. You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Services.

We are not responsible for third party websites or content
When accessing the Site or using the Services you may see links to third party websites, advertising or content provided by third parties. These links are provided by third parties and not by us. We do not endorse any third party website or content which is linked from our Services or to our Site. We are not responsible or liable for anything that happens to you when you visit these third party websites or use third party content. If you visit any third party website, please be aware that it may have its own terms of use, licence agreement and privacy policy which you will need to be aware of.

We are not responsible for third party advertising
On some pages you may see advertising content provided by third parties. We do not control the advertisements that are placed via our Services or on our Site.

If you click on any advert, you will be dealing with third parties responsible for that advert. We are not responsible for anything that happens to you when you visit these third party websites or use third party content. If you visit any third party website, please be aware that it may have its own terms of use, licence agreement and privacy policy which you will need to be aware of.

Questions, complaints and disputes
We will do our best to resolve any disputes over these Terms and your use of the Services and Site.

These Terms, their subject matter and their formation, are governed by English law. However, if you are a consumer and resident of any European Union country you will benefit from mandatory provisions of, and legal rights available to you under, the laws of that country. Nothing in these Terms affects your rights as a consumer to rely on these local law mandatory provisions and legal rights.

You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a consumer and resident of any European Union country you and we may also bring proceedings in that country.

If we are unable to resolve any disputes between us regarding the delivery of some Services you have the right to refer the dispute to the EU's Online Dispute Resolution platform

The terms and conditions of the relevant online store also include instructions explaining what to do if a game is defective. Your rights and remedies for defective games and how to exercise them are set out in the relevant terms and conditions of the relevant online store.

Our right to end the contract or restrict access to our Services or the Site
We may end our contract with you to use the Services if you breach any of these Terms, or if you breach the terms you have entered into with any third party involved in a transaction. For example, if you breach the Google Play, or Apple Appstore terms and conditions.

If you breach any of these Terms, we may also choose, at our discretion, to restrict your access to any part of the Services and the Site. For example, we may close any account you have with us. We will try to give you notice of this and a chance to appeal where possible.

If you breach these Terms, or if your account is closed, you may lose access to in-game purchases you have made.

If we end our contract with you to use the Services, or restrict your access to any part of the Services, we may in our discretion delete certain data relating to your use of the game, or disable access to it. This may include, for example, saved games, high scores, or your position in a league table. If we end our contract with you to use the Services, or restrict access to any part of our Services, we may also delete any in-game purchases or Virtual Items you have obtained, and you will no longer be able to use those purchases.

Do I have to be a certain age to use the Services?
The Services are not intended for use by children. For some Services you may need to register and should be at least over 16 to do so. If you help someone who is 16 or under to register for or otherwise use any Services you assume full liability for any consequences.

If you are under the age of 16, you must not use our Services unless you have the consent of a person who has parental responsibility for you.

You must make sure that our Services are not used by anyone under the age of 16. We will not be responsible for children who use your credit card, or other means of payment, to purchase any Services, such as in-game purchases.

Other important legal terms
The Services and the Site are made available for personal and not commercial use. You cannot assign, sub-license or otherwise transfer any or all of your rights or obligations under the Terms to any other person.

If any part of these Terms is or becomes invalid, illegal or unenforceable, it shall be amended to the minimum extent necessary to make it valid, legal and enforceable. If that part cannot be amended, it will be deleted. The amendment or deletion of any part of these Terms shall not affect the validity and enforceability of the rest of the Terms.

If we do not enforce any right we have against you, this does not prevent us from enforcing this right at a later date. A person who is not a party to these Terms does not have any rights under them.

Changes to these Terms
We may revise these Terms any time to reflect changes in or to:

By accepting revised Terms you agree to comply with them. If you do not agree to the revisions, you must stop accessing our Site and using the Services.

Summary of previous changes to these Terms:
28 June 2018 - Terms launched

How to contact us
Please contact us at;
email to: support@masomo.com
letter to: 82 St John Street, London, United Kingdom, EC1M 4JN