Terms of Service

Last updated: February 15, 2021

1. General

1.1 These terms of use (the “Terms“) form a legal agreement between Megarama Games Ltd (“Company“, “We“, “Us” or “Our“) and yourself (“You” or “Your“). By accessing or using any of Our games (the “Games“) and mobile applications (“Applications“), websites and any services contained within them (the “Services“), You agree that You have read, understood, accept and agree to be bound by these Terms.

1.2 These Terms should be read carefully by You in their entirety prior to Your use of the Services. If You do not agree with any provision of these Terms, You shall immediately cease using the Services. By using the Services, You agree to the Terms, as amended from time to time.

1.3 These Terms incorporate Our Privacy Policy and by agreeing to these Terms, You confirm that You also accept and agree to Our privacy policy (You can review our Privacy Policy by clicking here).

2. Eligibility

You are only entitled to use the Services, if You comply with all of the following:

2.1 You are at least 13 years old;

2.2 You were not previously banned from using any of the Service;

2.3 You have the right, authority and capacity to enter into these Terms and to abide by all the terms and conditions of these Terms; and

2.4 Your use of the Services does not violate any applicable law or regulation.

3. Registration

3.1. We enable You to create and register an account (Your “Account“) using your Facebook login information or other a social network service as available from time to time on the log-in page, or either open an Account by filling in some registration details. Upon successful creation of your Account, you will be considered a “Member“. Your Account will be associated with the email provided from your social media account through which You signed up to the Services, or alternatively, the email provided as part of the registration process.

3.2. If you access the Services through a social network service (each a “Social Media Platform”) to login to the Services, You allow Company access to Your account with that Social Media Platform (the “Social Media Account“), as is permitted under the applicable terms and conditions that govern Your use of Your Social Media Account.  You represent that You are entitled to disclose your Social Media Account login information to Company and/or grant Company access to your Social Media Account without breach by You of any of the terms and conditions that govern Your use of Your Social Media Account and without obligating The Company to pay any fees or making The Company subject to any usage limitations imposed by such social media service providers.  Depending on the Social Media Account You choose and subject to the privacy settings that You have set in such Social Media Account, personally identifiable information or personal data that You post to Your Social Media Account may be available on and through Your Account on the Services.  You have the ability to disable the connection between Your Account and Your Social Media Account at any time by accessing the “Settings” section of the Applications.  PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SOCIAL MEDIA SERVICE PROVIDERS ASSOCIATED WITH YOUR SOCIAL MEDIA ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SOCIAL MEDIA SERVICE PROVIDERS, AND THE COMPANY DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION OR PERSONAL DATA THAT MAY BE PROVIDED TO IT BY SUCH SOCIAL MEDIA SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH SOCIAL MEDIA ACCOUNTS.  Additionally, You agree and understand that We do not control those Social Media Platforms and their policies. You are subject to and should read the terms of use agreements and privacy policies that apply to such Social Media Platforms.

3.3. Your Account is personal and cannot be transferred in any way. No one except You can access or use the Services through Your Account.

3.4. You undertake to monitor your Account to restrict use by minors, and you will deny access to children under the age of 18. You accept full responsibility for any unauthorized use of the Services by minors.

3.5. When You open an Account, You represent and warrant that all the details that You submitted as part of the registration process are genuine and correct. You also represent and warrant that You are aware that partial or false reporting is a violation of the law and doing so exposes You to sanctions or legal proceedings. You undertake to indemnify The Company and/or anyone on its behalf for all expenses and/or damages that The Company and/or any third party will incur if You and/or someone on Your behalf provided false information and/or if You did not update the Company on any change in such information.

3.6. You shall be fully responsible to maintain confidentiality of Your Account and not transfer Your Account’s details to third parties. The full responsibility for an unauthorized use of Your Account lies solely with You, and You will bear, alone, all responsibility derived of an unauthorized use of Your Account. If You misplace, forget or lose Your Account details, The Company shall not be liable for any direct or indirect loss associated with such occurrence.

3.7. By providing Your e-mail address to The Company as part of the registration to the Services, You agree to receive all required notices from The Company electronically, to the e-mail address provided. It is Your responsibility to keep Your email address associated with Your Account up to date, so that The Company can communicate with You electronically. You understand and agree that You forfeit the right to plead ignorance if You do not receive an electronic communication sent to You by The Company, because Your Account’s email address is incorrect, out of date, blocked by Your service provider, or You are otherwise unable to receive electronic communications.

4. License

4.1. Subject to Your agreement and compliance with these Terms, The Company grants You a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to use the Services.

4.2. Use of the Services shall be solely for Your own, private, non-commercial entertainment purposes and for no other purpose whatsoever.

4.3. You hereby acknowledge that Your license to use the Services is limited by these Terms, and, if You violate or if, at any point, You do not agree to any of these Terms, Your license to use the Services shall immediately terminate, and You shall immediately refrain from using the Services. If the Services or any part thereof are determined to be illegal under the laws of the country in which You are situated, You shall not be granted any license to use the Services, and must refrain from using the Services.

5. Prohibited activities

5.1. You undertake to use the Services in a respectful manner, and You undertake not to:

5.1.1. use the Services for the purpose of uploading, downloading, distributing, publishing or transmitting (a) information or other material in a manner that violates any rights, including intellectual property rights, protection of privacy rights or any other right; (b) information or other material that is prohibited for publication or use because it constitutes threat, harm, insult, slander, defamation, racism or inappropriate content; (c) information or other material that includes a virus or other software that may damage Our computer systems or of any third parties or in a manner that may restrict or prevent others from using the Services; (d) information or other material that violates any law; or (e) information or other material that includes an advertisement of any kind without Our prior written permission;

5.1.2. delete or modify any attributions, legal notices or other proprietary designations or labels on the Services;

5.1.3. use the Services using any interface other than the Applications or Our website;

5.1.4. interfere with other Users’ use of the Services;

5.1.5. use bots or other automated methods to access or use the Services;

5.1.6. upload or transmit (or attempt to upload or to transmit), without Our express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, web bugs, cookies or other similar spyware devices;

5.1.7. violate any applicable laws or regulations, encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software;

5.1.8. make any changes and/or interfere in any way in the source code of the Games and/or Applications and upload any software and/or application that may harm or cause damage to Us or to the Services or any other third party;

5.1.9. disassemble, decompile or otherwise reverse engineer any software or other technology included in the Applications, Games or used to provide the Services.

5.2. You acknowledge that without prejudice to any other right of Ours, in case that We are concerned that Your use of the Services does not comply with the provisions of these Terms or any applicable law, We may track Your use of the Services, prevent You from accessing the Services, transfer Your behavior patterns on the Applications to third parties, and any other action that We may deem appropriate to protect our property and/or rights and/or rights of third parties.

6. Intellectual property rights

6.1. The Services and their content, including the video materials, text, information, photos, logos, designs, graphics, music, sound, characters, figures, storylines, software, trademarks and any other content embodied in the Services are protected by Our intellectual property rights or of third parties.

6.2. As between You and Us, We retain all right, title and interest in and to the Services. The use of the Services does not confer on You any of the intellectual property rights embodied in the Services, other than the right to use the Services in accordance with the terms of these Terms.

6.3. You shall not, nor shall You allow any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Services pursuant to the Terms or otherwise exploit any of the contents of the Services without Our explicit, prior written permission.

6.4. The Company may contain certain third party software, content or code. Please see the acknowledgements below of some of the third party software, content or code used by The Company:

6.4.1. Cocos 2DX (Copyright (c) 2014-2016 Chukong Technologies Inc): The source code of file can be obtained at https://docs.cocos2d-x.org/api-ref/cplusplus/V3.1/. The license can be obtained at https://docs.cocos2d-x.org/api-ref/cplusplus/V3.1/.

6.4.2. Fairy GUI (Copyright 2020 广州花谷软件). The source code of file can be obtained at https://github.com/fairygui/FairyGUI-cocos2dx. The MIT license can be obtained at: https://opensource.org/licenses/MIT.

6.4.3. hash-library (Copyright © 2011-2021 Stephan Brumme). The source code of file can be obtained at https://github.com/stbrumme/hash-library. The zlib License can be obtained at: https://github.com/stbrumme/hash-library/blob/master/LICENSE.

6.4.4 EasyNDK-for-cocos2dx3 (Copyright (c) 2017 Amir Ali Jiwani) The source code of file can be obtained at https://github.com/aajiwani/EasyNDK-for-cocos2dx. The MIT License can be obtained at: https://github.com/aajiwani/EasyNDK-for-cocos2dx/blob/master/LICENSE.txt.

7. Mobile Apps

7.1. that is compatible with the Services. We do not warrant that the Applications will be compatible with Your mobile device.

7.2. You acknowledge and agree that the availability of the Applications and the Service is dependent on the AppStores. You further acknowledge that these Terms are between you and the Company and not with the AppStores.

7.3. You further agree to pay all fees (if any) charged by the AppStore in connection with the Games, including the Application. You acknowledge that the AppStores (and its subsidiaries) are third-party beneficiaries of these Terms and will have the right to enforce them.

7.4. You understand and agree that the Services are evolving. As such, the Company may require that you download and install updates to the Applications, at any time, without notice or liability to You.  You also understand and agree that any such changes or updates to the Applications might change the system specifications necessary to use the Services, and in such a case, You, and not the Company, are responsible for purchasing any necessary additional software and/or hardware in order to access and use the Services. You acknowledge that when an upgrade is available, previous versions of the Services may cease to be available or no longer be supported by the Company.

7.5. In order to use the Applications, You must have access to a wireless network, and You agree to pay all fees associated with such access. 

8. Purchases

8.1. The Services may include the option to purchase, with “real world” money, virtual, in-game goods (“Virtual Goods”). This can only be done if you are considered a legal adult in your country of residence. Virtual Goods may be purchased only via the Services and only in the manner stipulated in each Game. Any Virtual Goods obtained by You other than through the Services, may be deemed void or voidable by The Company, at its sole discretion.

8.2. ALL VIRTUAL GOODS THAT YOU PURCHASE AS PART OF THE SERVICES ARE DEEMED TO BE FINAL AND NON-REFUNDABLE, unless stated otherwise at Our discretion.

8.3. Notwithstanding the foregoing, the Company has absolute control over all Virtual Goods and at any time has the right to change the value, modify and/or eliminate any Virtual Goods as it sees fit and without any liability. The Company’s obligation to You regarding purchased Virtual Goods will be deemed performed upon transfer of the Virtual Goods to Your Account.

8.4. The Virtual Goods have no real currency value, cannot be redeemed for real money, and can only be used within the Games. Other than a limited, revocable, non-transferable license to use the Virtual Goods in the Games, You have no right in or title to such Virtual Goods. In the event that Your Account is terminated or suspended for any reason, in The Company’s sole and absolute discretion, or if The Company discontinues its Games, You forfeit any and all Virtual Goods. The Company has the absolute right to manage, regulate, control, modify, and/or eliminate any Virtual Goods as it sees fit in its sole discretion, and The Company shall have no liability to You or anyone for the exercise of such rights.

9. Limitation of Liability

9.1. Your use of the Services shall be at Your sole risk. To the fullest extent permitted by law, the Company, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Services and Your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. Accordingly, the Services, including all content and functions made available on or accessed through or sent from the Services, are provided “as is,” “as available,” and “with all faults” basis.

9.2. Without derogating from the generality of the foregoing, We assume no liability or responsibility for any (a) errors, mistakes, or inaccuracies of any content included in the Services; (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services; (c) any unauthorized access to or use of the Company’s secure servers and/or any and all personal information stored therein; (d) any interruption or cessation of transmission to or from the Services; (e) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party; or (f) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Services.

9.3. In no event will We be liable to You or any third party for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any lost profits or lost data arising from Your use of the Services or other materials on, accessed through or downloaded as part of the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not We have been advised of the possibility of these damages and in cases where judicial authority finds Us liable, Our liability shall not exceed 1,000 USD. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

9.4. You specifically acknowledge that We shall not be liable for any defamatory, offensive, or illegal conduct by any third party and that the risk of harm or damage from the foregoing rests entirely with You.

9.5. We are not responsible for any problems or technical malfunction of any telephone or network lines, computer online systems, servers or providers, hardware, software, failure due to technical problems or traffic congestion on the internet (or inaccessibility of the internet) or incompatibility between the Services and Your browser, device and/or other equipment. Without derogating from the above, We do not assume any responsibility or risk for Your use of the internet.

9.6. We will not be liable for non-performance or delay in performance caused by any event reasonably beyond Our control including, but not limited to natural disaster, strike, administrative decisions, transportation stoppages, wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any “act of God.”

10. Indemnification

You agree to indemnify and hold The Company, its parent companies, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “The Company Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your User Content; (b) Your use of, or inability to use, the Services; (c) Your violation of the Terms; (d) Your violation of any rights of another party, including any other users of the Services; or (e) Your violation of any applicable laws, rules or regulations.  The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with The Company in asserting any available defenses. You agree that the provisions in this Section will survive any termination of Your Account and the Terms.

11. Third party services or content

11.1. While using the Services, You may view content or services provided by third parties, including advertisements and reviews.

11.2. We do not control, endorse or adopt such content or services, and it may not always be accurate or current.

11.3. Accordingly, We recommend that You independently verify all information before relying on it, and any decisions or actions taken based upon such information are Your sole responsibility.

12. Links

12.1. The Services may contain links, content, advertisements, promotions, logos and other materials to websites or software that are controlled or offered by third parties (the “Links”). We caution You to ensure that You understand the risks involved in using such websites, software or materials before retrieving, using, relying upon or purchasing anything via these websites or software or based on such materials. Such Links are provided solely for Your convenience, and You agree that under no circumstances will You hold Us liable for any loss or damage caused by use of or reliance on any content, goods or services available on other websites or software.

12.2. The inclusion of Links in the Services is not an endorsement, authorization, sponsorship, affiliation or any other connection between Us or those websites, software or their operators.

13. Miscellaneous

13.1. We may, at Our sole discretion, amend, modify, or discontinue, from time to time, any of the Services and/or introduce new services. We shall not be liable for any loss suffered by You resulting from any such changes made and You shall have no claims against Us in such regard.

13.2. We may modify these Terms from time to time. When We do, We will provide notice to You by publishing the most current version and revising the date at the top of this page and any modifications shall be effective immediately upon such publication. By continuing to use the Website after any changes come into effect, You are deemed to agree to the revised Terms.

13.3. You agree that transmission of information to or from the Website does not create between You and Us any relationship that deviates from those specified in this Terms.

13.4. These Terms and the Privacy Policy, as amended from time to time, constitute the only valid agreements between You and Us, and no representation, promise, consent or undertaking, whether written or oral, that is not included in the Terms of the Privacy Policy will be binding upon the parties.

13.5. These Terms and the relationship between You and Us shall be governed by, and construed and interpreted in accordance with, the laws of Israel, and You irrevocably submit to the exclusive jurisdiction of the competent courts of Tel Aviv, Israel, with respect to any dispute regarding the validity, breach, interpretation, performance or otherwise arising out of or in connection with these Terms and the relationship between You and Us.

13.6. No failure or delay on Our part in exercising any right, power or remedy thereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy.

13.7. If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision shall be excluded from these Terms and the remainder of these Terms shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its terms; provided, however, that in such event these Terms shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.

13.8. We may transfer or assign any and all of Our rights and obligations hereunder to any third party; without derogating from the above, the Website and/or any of the Services may be operated by third parties. You may not transfer, assign or pledge in any manner whatsoever any of Your rights or obligations under these Terms.