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MASOMO - TERMS & CONDITIONS

These Terms are a legal agreement between you and Masomo (referred to as us/we/our in these Terms). The Terms set out how you may use our apps or any games, products, forums and services we offer through our apps or otherwise on any platform (all collectively referred to in these Terms as our "Services"). Please read these Terms carefully.

These Terms were last updated on August 28, 2019.

Index

Masomo General Terms & Conditions

Masomo Virtual Items Terms and Conditions

Masomo General Terms & Conditions

Who is Masomo?

Masomo Limited is a private limited company registered in the United Kingdom whose registered number is 10064530. Our contact details are set out in “How can I contact you?” below.

Why should you read these Terms?

You should read these Terms because they contain our legal commitments to you and a number of DOs and DON’Ts which you need to be aware of when you use our Services. Please read these Terms carefully to make sure you understand them. By 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 or use our Services.

Can Masomo change these Terms?

We can update and change these Terms from time to time and the most current version of these Terms will made available on www.masomo.com (the “Website”) and relevant apps and you may be invited to review and accept the revised Terms in order to continue using the Services. You can print and save a copy of these Terms for your future reference.

What do I need to do with my log-in details?

If you have dedicated log-in details (i.e. you register for our Services and are not logging in through a third party service such as Facebook) you need to keep them safe! You are responsible for maintaining the confidentiality of your login details including any username, email address and password and you are also responsible for all activities that are carried out under your account. We would also recommend that you regularly change your password, and do not use the same email and password combination for any other online service.

Fair gameplay is important to Masomo. You therefore agree not to share your username and password with any other user or third party, or knowingly carry out any activity which enables a third party to access or use your account. If we believe, acting in our discretion, that your account is used by more than one person, we reserve the right to suspend or terminate or cease to support your account without liability.

We cannot check the identities of people using our Services and will not be liable if your login details are used by someone else. If you become aware of any unauthorised use of your login details, you should notify us immediately here support@masomo.com though please note that we may need to verify your identity and validate ownership of the account.

Please be alert for other websites and services which may pretend to be us or to be associated with us. If in doubt, please contact us here support@masomo.com.

How do I close my account?

If you wish to close your account(s) with any of our Services, please contact us here support@masomo.com.

What am I not allowed to do when using the Services?

You agree to follow the following rules (“the Rules”). You agree that you will not post, distribute, or otherwise make available or transmit any data, text, message, graphic or computer file that we believe:

You may be warned, temporarily banned or permanently banned if we think that you have not followed the Rules or if we believe in our sole discretion that you have behaved inappropriately whilst using our Services. In addition, in such circumstances, Masomo is entitled to remove any Virtual Items (including, without limitation, any Coins) from your account. You shall not be entitled to any refund or compensation for any removal of Virtual items.

If you believe that another user is violating these Rules, please let us know here support@masomo.com. However, we cannot and do not guarantee that other users are or will be complying with these Rules, and we will not be responsible for any other user’s lack of compliance. You and other users are responsible for your own actions.

We reserve the right to remove, or refuse to post, any material that we believe is in violation of these Rules and, if we deem appropriate, to turn this material over to law enforcement officials. We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using our Services in violation of the law.

Who owns the content made available through the Services?

All of the content and information contained in the Services (including the games) are owned or licensed by us and are protected by intellectual property rights. Examples include, but are not limited to: source and object code, trademarks, logos, graphics, photographs, videos, animations, copyrightable gameplay and texts. In particular, any names, title, logos and designs that contain Masomo are exclusively owned by us.

You are not allowed to use the Services or any of the content or information they contain, or may contain, in any way unless expressly allowed under these Terms or expressly permitted by us. You may not reverse engineer, decompile, disassemble or modify any Services in any way.

You acknowledge that some of the Services may allow you to create your own personalised username and avatar and may also allow you to communicate with other users and post messages, images, text and other material (“User Content”) which can be seen by others.

By posting or making available any User Content through our Services, or by sending any User Content to us, you agree that you have the right and all necessary approvals to use such User Content and that we can use, change or adapt it in any media without any payment or obligation to you or anyone else. You further agree that the availability or publishing of any such User Content as part of our Services will not cause us to infringe the rights of any third party or to be in breach of any applicable law or regulation. Please therefore make sure you do not post any content which may infringe any third party rights. We may need to remove any potentially infringing content without notice. You agree to compensate us for any losses we suffer as a direct result of any breach by you of any of the promises made by you in this paragraph.

What is Masomo not responsible for?

We do not guarantee that the Services 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 are unavailable due to maintenance or technical problems. We may also change, suspend or discontinue certain Services without giving you prior notice.

We will not be liable for any loss, damage or upset that you suffer as a consequence of any Service becoming temporarily or permanently unavailable.

We (and any third party content provider, or their respective agent), are not responsible for the following types of loss or damage which may arise from your use of the Services:

Nothing in the Terms excludes or limits our liability for death or personal injury caused by negligence, or for fraud.

All Services are provided on an 'as is' and 'as available' basis. We do not make any representation, guarantee or promise in respect of the Services, including, without limitation, any statements made by other users, third parties and/ or advertisers on or via the Services. We may change the Services at any time at our discretion. We may also make different features or promotions in our Services available to different users so your experience of using the Services may not be identical to other users.

We will take reasonable steps to ensure that our Services are free from viruses and other malicious software but we also recommend you use applicable anti-virus software as relevant.

What happens if I buy or download a Masomo game through an app store?

You will also be asked to agree to the relevant app store terms which will apply in addition to these Terms. We suggest that you read these app store terms carefully.

If you download a Service onto your smartphone or tablet, it may offer push notification features. You may accept or refuse these, and can subsequently turn these off by visiting the settings menu on your device.

If you purchase any content through one of our Services via an app, for example Virtual Items, then the relevant app store provider’s terms and conditions applicable to in-app purchases will apply. You acknowledge that any billing and transactions are handled by the app store provider. You should contact the app store provider directly if you have any payment related issues with in-app purchases.

Is Masomo responsible for third party websites or content?

On some pages 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. Subject to applicable law or regulation, we are not responsible or liable for anything that happens to you or your data 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.

Is Masomo 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. Please report any advert that you find offensive or inappropriate here support@masomo.com and we will investigate the matter.

If you click on any advert, you will be dealing with external companies responsible for that advert. 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.

What do I do if I think my work is available on any Services but I did not give permission to show it?

If you believe that your work is included in any Services and this is violating your intellectual property rights, please advise us immediately here and we will investigate the matter.

What happens if I am not happy with these Terms or the Services?

By 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 or use our Services.

We will do our best to resolve any disputes over these Terms. If you wish to take court proceedings against us you must do so within the United Kingdom. If you live in England or Wales, the laws of England and Wales will apply.

If we are unable to resolve any disputes between us regarding the delivery of services you have the right to refer the dispute to the EU’s Online Dispute Resolution platform at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.

Are there any other legal terms I need to be aware of?

The Services are made available for personal and not commercial use. We do permit promotional references to our Services (for example reviews via social media and in blogs) but we do reserve the right to ask you to remove such content or refrain from further action.

You cannot assign, sub-license or otherwise transfer any or all of your rights or obligations under these 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.

How can I contact you?

Please use our Web Form available at: support@masomo.com

Do I have to be a certain age to use the Services?

The Services are not directed at children. For some Services you may need to register and should be at least 13 or over to do so. If you help someone who is under 13 to register for or otherwise use any Services you assume full liability for any consequences and that, under no circumstances including, but not limited to, negligence, neither we nor any third party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of such use.

Masomo Virtual Items Terms and Conditions

Please read these terms and conditions (“Virtual Items Terms”) carefully before purchasing any virtual items, benefits, upgrades, unlockables, cosmetics, skins, gameplay features or coins, cash, tokens or other in-game currency (“Coins”), in each case, available through or otherwise in relation to our Services (together "Virtual Items"). By directly or indirectly purchasing any Virtual Items, you agree to be bound by these Virtual Items Terms and the Terms. These Virtual Items Terms are in addition to the Terms and if there is a conflict between the Virtual Items Terms and the Terms, the Virtual Items Terms shall apply.

When do these Virtual Items Terms apply?

These Virtual Items Terms cover your purchase and use of Virtual Items in Masomo games. These Virtual Items Terms do not apply if you are playing a third party game that we host or display on the Website. Please refer to the terms and conditions of that game if you have any queries on Virtual Items made within such game.

Please be aware that a number of our Services have more than one type of in-game currency. If this is the case, there will be different items which can be purchased with each type of in-game currency, and each may be acquired in different ways.

Coins and items can only be used in line with these Virtual Items Terms and within the game account in which they are purchased or otherwise acquired. You acknowledge that certain additional in-game functionality may only be accessible in exchange for Coins.

These Virtual Items Terms also apply if you win or are given any Virtual Items because you have participated in a gameplay feature, competition, survey or marketing campaign.

Where can I buy Virtual Items?

Some of our games let you buy Virtual Items. You can recognise these games because they have an option to purchase Virtual Items, either in an in-game shop or, in the case of Coins, usually at the top of the specific game playing window. Games may allow you to buy different amounts of Virtual Items and may have temporary offers or sales for Virtual Item purchases.

Please note that when purchasing Virtual Items through one of our games, which you have downloaded from an app store, there may be additional terms and conditions which apply. You may be asked to agree to the app store provider's own terms and conditions, which will apply in addition to these Virtual Items Terms. We suggest you read app store terms carefully and follow the process provided by the relevant app store.

We do not permit third parties to give or sell Coins and other Virtual Items outside of our games. Accordingly, as a condition to playing our games, you agree not to receive, purchase and/or use Coins or Virtual Items from such third parties. Any unauthorised Coins or Virtual Items that you purchase are subject to forfeiture at any time.

I am ready to buy Virtual Items – what do I need to do?

You can buy Virtual Items from us for real money if you are 18 years of age or older or, if you are under 18, have the permission of a parent or guardian. We may ask you to provide the details of your parent or guardian from time to time.

If you want to buy any Virtual Items, please follow the steps set out in the game which you have downloaded. If you experience any difficulties when purchasing Virtual Items, you can contact us here.

Please note the following:

How do I use my Virtual Items?

You can spend your Coins in order to acquire other Virtual Items within the game within which you purchased the Coins. When you use Coins to acquire another Virtual Item within a game, the relevant amount of Coins will automatically be deducted from your account that is connected with that game.

Other than Coins, the nature and duration of any Virtual Items will vary between and within our games. Some Virtual Items may only be used a limited number of times or only whilst you satisfy certain conditions within the relevant game.

We can at any time, without notifying you, vary the scope, variety and type of Virtual Items. Masomo has no obligation to make, or continue to make, any specific Virtual Item for any game. We may also restrict or vary the type of Virtual Items available to you based on your country of residence.

What am I not allowed to do with my Virtual Items?

By buying Virtual Items, you agree not to:

Although users may hold more than one account, it is strictly prohibited to use multiple accounts to hold and use Virtual Items in any manner that is contrary to the general purpose of a game. It is strictly prohibited to give, sell or otherwise transfer an account or any Virtual Items to any person.

We may from time to time limit the use of Virtual Items, including applying limits to the number of Virtual Items allocated to your account at any time, and/or the number of Virtual Items usable or redeemable within a given time period.

What legal terms do I need to be aware of when I am purchasing Virtual Items?

When you buy Virtual Items, you are buying a limited personal revocable licence to use the Virtual Items. You agree that the Virtual Items do not constitute personal property and Coins are not legal tender or currency of any kind. All Virtual Items purchased by you are non-refundable. No interest is paid or earned on any Coins balance.

Masomo is entitled to expire, withdraw, replace, restrict or otherwise change any Virtual Item at any time.

You have certain rights in respect of the Virtual Items. These include that we have the right to supply the Virtual Items to you and that the Virtual Items will be of satisfactory quality and as described. You have certain legal remedies if we breach any of these rights. Nothing in these Virtual Items Terms is intended to affect these legal rights or other rights to which you may also be entitled.

If we are unable to resolve any disputes between us about your purchase of the Virtual Items or these Virtual Items Terms, you have the right to refer the dispute to the EU’s Online Dispute Resolution platform at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

Can I cancel my order once I have bought my Virtual Items?

By purchasing Virtual Items from us, you agree that we can transfer them to your account as soon as we can. By agreeing to these terms, each time you click to confirm a purchase, you acknowledge that you expressly consent to the supply of the Virtual Items immediately and acknowledge that you will lose your right to change your mind and cancel such order within the 14-day cooling-off period otherwise provided by law.

What happens to my Virtual Items if my account is temporarily or permanently terminated?

We reserve the right to temporarily or permanently ban your account if: