TERMS AND CONDITIONS
These Terms and Conditions, or simply Terms, are part of a suite of Mob Entertainment policies including other policies such as our Privacy Policy and EULA, which individually and collectively govern your participation and use of our video games, their associated upgrades, patches, and updates, and any related services and any other product, online service or website currently offered or which will be offered by Mob Entertainment, or any of its subsidiaries and affiliates. Mob recommends you read all our Mob Entertainment Agreements as they refer to each other in various ways and set forth important legal and other conditions. Common definitions used in each of our policies are set forth in our Privacy Policy.

Mob Entertainment reserves the right, at any time and in its sole and absolute discretion, to update, revise, change, supplement, or delete or otherwise modify certain provisions (collectively “Updates”) of these Terms. Mob Entertainment will inform you about Updates by notice on www.mobentertainment.com, at least by way of the “Last Updated” date. Unless indicated otherwise, such Updates affecting existing Mob Entertainment video games and related services shall be effective at the earlier of your acceptance by using our Service, or thirty (30) days after posting.

Please read these Terms carefully before using Our Service as these Terms represent a binding agreement between you and the Company. By using Our Service, you are agreeing to be bound by these Terms, including any and all of your warranties and representations contained herein.

IF YOU DO NOT AGREE TO ALL OF THE TERMS HEREIN, YOU MUST NOT ACCESS OR USE THE SERVICE.

ACKNOWLEDGEMENT

These Terms and Conditions govern the use of Our Service and operate as anagreement between You and the Company, in addition to any separate controlling policies (e.g., Steam Subscriber Agreement). These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over age 13 or over. The Company does not permit those under 13 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company, and any other applicable policy of the Company, such as Our EULA. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

PLACING ORDERS FOR GOODS

Any Goods for an Application that you purchase from an Application Store are subject to the applicable policies of the Application Store.  

Our official merchandise website www.poppyplaytime.com is subject to separate policies and you should review the specific terms of that website independent of any Terms for Our Service.

To the extent any Order for Goods is placed through the Service, You warrant that You are of legal age and legally capable of entering into binding contracts.
Your Information
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Order Cancellation
In general, the Application Store will handle issues such as cancellation.

To the extent necessary, we reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
  • Goods availability
  • Errors in the description or prices for Goods
  • Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
Any Goods you purchase from an Application Store are subject to the applicable policies of the Application Store.  For any Goods ordered outside of the Application Store’s purchasing system, such Goods can only be returned in accordance with these Terms and Conditions and any applicable terms of any other Mob Entertainment Agreements.

Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the product instructions, documents and wrappings, as applicable. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.

We will reimburse You no later than thirty (30) calendar days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.

You will not have any right to cancel an Order for the supply of any of the following Goods:
  • The supply of Goods made to Your specifications or clearly personalized.
  • The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
  • The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
  • The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
  • The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.
Availability, Errors and Inaccuracies
You acknowledge and agree that:
The Company may, in its sole and absolute discretion, provide periodic updates, versions, enhancements, modifications, and/or patches related to the Service, in whole or in any part thereof.

We are constantly updating Our offerings of Goods on the Application. Access to the Application and/or Goods may be interrupted for reasons within or beyond the control of Company. The Company cannot and does not guarantee you will be able to use the Services whenever you wish to do so. The Goods available on Our Application may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites. The Service may not be offered or available in all countries or geographic locations.

We cannot and do not guarantee the availability, accuracy or completeness of any information, including prices, product images, specifications, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Company has the sole discretion to immediately terminate or restrict access to the Service, or any portion thereof, at any time, for any reason, without prior notice and without liability to you.
Prices Policy
The Company reserves the right to revise its prices at any time prior to acceptance of any Order.

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
Payments
All Goods purchased are generally subject to a one-time payment or as otherwise set forth by the Application Store. Payment can be made through various payment methods as provided by the Application Store, or that we may have available, such as Visa, MasterCard, American Express cards or online payment methods (PayPal, for example).

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

IN-APP PURCHASES

The Application may include In-App Purchases that allow you to buy Goods, or other products, services or subscriptions.

More information about how you may be able to manage In-App Purchases using your Device may be set out in the Application Store's own terms and conditions or in your Device's Help settings.

Generally, In-App Purchases can only be consumed within the Application. If you make an In-App Purchase, that In-App Purchase cannot be cancelled after you have initiated its download. In-App Purchases cannot be redeemed for cash or other consideration or otherwise transferred.

If any In-App Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified to the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-App Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the In-App Purchase. In the unlikely event that we are unable to replace or repair the relevant In-App Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-App Purchase, or the Application Store may issue a refund on their own and according to their own refund policy. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.

You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store's own terms and conditions or other applicable policies of the Application Store.

If you have any payment related issues with In-App Purchases, then you need to contact the Application Store directly.

PROMOTIONS

Any Promotions made available through the Service or otherwise (such as via Our official social media accounts) will generally be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules and conditions of the Promotions as well as our Privacy Policy. If the rules for Promotions conflict with these Terms, the rules of the Promotions will apply.

SPECIAL TERMS: PLAY TESTING AND PARTNER PROGRAM

Play Testing
In its sole and absolute discretion, Mob Entertainment may contact you to review and evaluate the Application, aspects or modules of the Application, or online features as part of, or prior to a wider Alpha test, Beta test, or commercial release thereof (hereafter “Pre-Release Video Games”) for the purposes identified with you prior to testing the Pre-Release Video Games. You will be asked to provide to Mob Entertainment certain feedback and suggestions regarding your experiences while reviewing and evaluating the Pre-Release Video Games and/or any other Content or Games. This process is referred to herein as a “Play Testing”. Play Testing will generally be governed by rules or agreements that are separate from these Terms, and You will be asked to sign such separate agreement(s) for any Play Testing. If You participate in any Play Testing, please review the applicable rules and conditions as well as our Privacy Policy. If the rules for Play Testing conflict with these Terms, the Play Testing rules will apply.

If the Play Testing is closed, Mob Entertainment may ask you to enter into a confidentiality and non-disclosure agreement (“NDA”) before you are allowed to be a play tester (“Play Tester”) and before any software is provided or made accessible to you. In such a scenario, your participation as a Play Tester is subject to the NDA, in addition to the following terms and conditions which apply to all Pre-Release testing and/or to any Play Testing terms which you must accept prior to participating in any such test. Furthermore, as a participant, you have to comply with all the Terms, Privacy Policy and all rules applicable to Play Testing.

In connection with the Play Testing, Mob Entertainment may provide you, on a temporary basis, Pre-Release Video Games, as well as any other Content and/or confidential and proprietary information (collectively “Pre-Release Materials”). You understand and agree that the Pre-Release Materials are confidential or proprietary information of Mob Entertainment. You agree as a condition of participating in a Play Testing to (i) not copy or reproduce the Pre-Release Materials, (ii) safeguard the Pre-Release Materials and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the Pre-Release Materials, and (iii) if applicable, fully comply with the terms and conditions of the NDA.

You will carry out any Play Testing personally and not provide access to Pre-Release Materials to any other person. You agree that breach of the above obligations will cause irreparable harm to Mob Entertainment, and Mob Entertainment is entitled to (in addition to any other remedies available to it) injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the Pre-Release Materials confidential will continue until Mob Entertainment publicly distributes, or has otherwise disclosed to the public through no fault of yours, the Pre-Release Materials and the Content that you are testing. Upon request, you agree to immediately delete all copies of the Pre-Release Material which Mob Entertainment provided to you.

Nothing in these Terms or any other Mob Entertainment Agreement shall be construed as granting you any rights or privileges of any kind with respect to the Pre-Release Materials or other Content. The Pre-Release Video Games are provided for testing on an “as is” and “as available” basis and Mob Entertainment makes no warranty to you of any kind, express or implied. By participating in a Play Testing, you agree that: (i) playing Pre-Release Video Games is at your own risk and you know that the Pre-Release Video Games may include known or unknown bugs, (ii) Mob Entertainment has no obligation to make these Pre-Release Video Games available for play with or without charge for any period of time, nor to make them available at all, (iii) Mob Entertainment’s Terms, Play Testing special terms and other Mob Entertainment Agreements including but not limited to Our Privacy Policy apply to your use of the Pre-Release Video Games during the testing phase, and (v) if the Play Testing is closed, you will keep all information about the Pre-Release Materials confidential as stated above and not disclose such information to any other person, consistent with any related NDA. Play Testing accounts are non-transferable under any circumstances.
Partner Program
In its sole and absolute discretion, Mob Entertainment may contact you to participate in its official partner program, which may provide you with certain incentives to publish or live-stream videos of You playing our Application.

Participation in Our partner program will generally be governed by rules or agreements that are separate from these Terms, and You will be asked to sign such separate agreement(s) for any partner program, which shall govern should a conflict arise or exist between these Terms and the partner program.

Partner program participation is non-transferable under any circumstances.

INTELLECTUAL PROPERTY

The Service and its original content (excluding FGC provided by You or other users), features and functionality are and will remain the sole and exclusive property of the Company. FGC is governed by Our FGC Policy.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries, all and each of which constitutes Mob Entertainment IP.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. The Company reserves all rights.

YOUR FEEDBACK TO US

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

LINKS TO OTHER WEBSITES

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

LIMITATION OF LIABILITY

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or $100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" AND "AS AVAILABLE" DISCLAIMER

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

DISPUTE RESOLUTION AND REMEDIES

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company in the manner set forth in Our Privacy Policy. Disputes are otherwise handled in accordance with the provisions set forth in Our Privacy Policy.

FOR EUROPEAN UNION (EU) USERS

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

UNITED STATES LEGAL COMPLIANCE

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

SEVERABILITY AND WAIVER

Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

TRANSLATION INTERPRETATION

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

CHANGES TO THESE TERMS AND CONDITIONS

We reserve the right, at Our sole and absolute discretion, to modify or replace these Terms at any time, for any reason. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.

CONTACT US

If you have any questions about these Terms and Conditions, You can contact us:
  • By visiting this page on our website: https://www.mobentertainment.com/contact
  • By emailing us at privacy@mobentertainment.com
All trademarks, trade names, or logos mentioned or used herein are the property of their respective owners.
Last Updated: May 31, 2023
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