terms&conditions

The Terms and Conditions ("Terms") form a legal agreement between MONOTAR SOFTWARE ENTERTAINMENT LIMITED, its subsidiaries and affiliates (collectively, "Monotar", "we" or "us") and you ("you", with you and other users of the Service referred to as "Users") and applies to your use of any of Monotar's games or mobile applications (“Games”), its sites, software, products and services, on all electronic devices (web, mobile, tablet and any other device) and including our online store (“Web Store”) (collectively, the "Service" ).

1. Eligibility
All Games are available only to individuals who are the greater of eighteen (18) years of age or the age of legal majority in your jurisdiction. By using the Service, you represent that you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Service in accordance with these Terms, and to fully perform your obligations hereunder.
We reserve the right to request proof of age at any stage. We may block or request parental consent if we suspect you are under the applicable age.

2. Your Account
In order to access or use some of the features of the Service, you may be required to register by opening an account ("Account") or by signing in via a third-party tool (such as Facebook) ("Third Party Tool"). If you open an Account, you may be required to provide details and select a password or to otherwise allow us to access your account information through a Third Party Tool ("Login Information"). You must safeguard and not disclose your Login Information and you must supervise the use of such Account. You will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you.Note that should you choose to create your Account using any Third Party Tool, certain User data that you either provide us or that is accessed through such Third Party Tool (subject to the terms and conditions applicable to such third party), including your User name and photo, may be published on your User profile and may be made available to other Users.
You must provide accurate and complete information when creating an Account, and to update your information (including any contact information) promptly upon any change. You also agree not to misrepresent your identity or age to open an Account on behalf of someone other than yourself.
You undertake to monitor your Account and to restrict use by anyone who is not an eligible User. You accept full responsibility for any use of the Service using your Login Information, including any use of your credit card or other payment instrument.
We reserve the right to remove or reclaim any username at any time and for any reason, including in case of claims by a third party that a username violates any third party's rights or otherwise violate these Terms. We also reserve the right to take other actions in connection with your Account when necessary to investigate or resolve technical issues or other problems related to the Service.

3. Platform Provider Rules
In the event that you are using the Service through a third-party website or application, social network, platform or store ("Platform"), you must comply with the terms of use or services of such Platform (the "Platform Terms"), in addition to these Terms, and the Platform's privacy policy will apply to any of your interactions with the Platform. The Platform Terms are incorporated into these Terms by reference such that a violation by you of the Platform Terms shall be deemed a violation of these Terms. In the event of a conflict between these Terms and the Platform Terms, the Platform Terms shall control solely to the extent the conflict relates to the rights or obligations of the Platform and not of us.
If you have downloaded the Service from the Apple, Inc. ("Apple"), App Store or if you are using the Service on an iOS device, you acknowledge that you have read, understood and agree to the following notice regarding Apple. This Agreement is between you and Moon Active only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession or use of the Service, including:
(1) product liability claims;
(2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and
(3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation,
defense, settlement and discharge of any third-party claim that the Service infringes that third party's intellectual property rights. You agree to comply with any applicable third-party terms, when using the Service. Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement. You hereby represent and warrant that
(1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and
(2) you are not listed on any U.S. Government list of prohibited or restricted parties.

4. Virtual Items and Game Play
In the course of using the Service you may win, earn or alternatively purchase, with real-world money, certain game credits or prizes, virtual play money coins, tokens, points and virtual in-game items ("Virtual Items").
You are not obligated, at any time, to purchase any Virtual Items. You understand that you have no right or title in the Virtual Items appearing or originating in any Game, whether "earned" in a game or "purchased", or in any other attributes associated with an Account or stored on the Service. Virtual Items are licensed to you by us for your personal use in the game. You may not purchase or sell Virtual Items outside the Service, or attempt to sell in the "real world" anything that appears or originates in the Service at any time. Any such attempted sale shall be null and void and may result in termination of your Account and legal action taken against you. You may trade Virtual Items within a Game, but only where expressly permitted by Game rules and never for any real-money consideration. Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Items with the Service, you have no right or title in or to any such Virtual Items. We retain the right to manage, regulate, control, modify and delete Virtual Items at our sole discretion, and we shall have no liability to you or anyone for the exercise of such rights. We may selectively remove or revoke your license to use or associate Virtual Items with your Account without notice at our sole discretion. Prices and availability of Virtual Items are subject to change without notice.
Virtual Items may only be held by legal residents of jurisdictions where access to and use of the Games are permitted. Virtual Items may only be purchased or acquired from us through our Web Store or through the applicable Platform (such as Google Play Store or Apple App Store). We reserve the right to refuse your request to purchase or acquire Virtual Items for any reason. When you purchase Virtual Items, they will reside in your Account until discharged through use of the Service, unless removed or revoked by us.
Depending on your Platform, any Virtual Item purchased from your Platform will be subject to its terms and conditions and user agreement of such Platform. Usage rights for each purchase may differ from item to item. If you are unsure about usage rights you should check with your Platform before making a purchase.
When purchasing Virtual Items, you agree to pay the applicable charges for your purchase, including applicable taxes, through the applicable store. If your transaction with our payment processing partners is not successful then your purchase will not be fulfilled. Upon the completion of a successful payment transaction then your purchase will be fulfilled to you as soon as possible – we will endeavor to fulfill your order immediately at the point of purchase.
If you do not connect the Games on a device to your Account (directly or through your social network account), then we will not be able to restore any Virtual Items (whether purchased by, or otherwise credited or awarded to you) or other data associated with your Game play to a different device (including if you lose that device or it is damaged). We will not be liable for any loss or deletion of Virtual Items, whether purchased by you or granted by us without making a purchase, or of any data associated with your play of the Games, from a device not connected to an account.

5. Refunds for Purchases of Virtual Items and Billing Discrepancies
Purchases made through a Platform are additionally subject to Platform rules governing refunds and returns.

6. User Feedback and Your License to Us
It is understood that you may, at your sole discretion, provide Moon Active with suggestions, comments or feedback with respect to the Service (collectively, "Feedback"). You represent that you are free to do so and that you shall not provide Moon Active with Feedback that infringes upon third parties' intellectual property rights. You further acknowledge that notwithstanding anything herein to the contrary, any and all rights, including intellectual property rights in such Feedback, shall belong exclusively to us. It is further understood that use of Feedback, if any, may be made by Moon Active at its sole discretion, and that Moon Active in no way shall be obliged to make use of any kind of the Feedback or part thereof. Furthermore, you warrant that your Feedback is not subject to any license terms that would purport to require Moon Active to comply with any additional obligations with respect to any Moon Active current or future products, technologies or services that incorporate any Feedback.

7. Third Party Sites and Advertising
The Service may contain links, references or advertisements to third-party products, services, applications or websites, as well as materials provided by third parties, which may invite you to participate in a promotional offer in return for receiving any feature, benefit or Virtual Item or upgrades. These links and references are provided solely as a convenience to you, and access or use of any such websites, services, promotions and advertisements is at your own risk. We do not review, approve, monitor, endorse, warrant or make any representations with respect to any of the foregoing. In no event will we be responsible for the information, content and materials contained therein, their practices, privacy policy or for your use of or inability to use such websites, services, promotions or transmissions received from such sites, services or promotions and any information collected from you by such websites/services. The inclusion of any link, promotion or advertisements does not imply endorsement by Moon Active of these linked websites, services or games, and we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked site, unless specifically stated therein. You expressly relieve us from any and all liability arising from your use of any third-party website. We encourage you to be aware when you leave the Game and to read the terms and conditions and privacy policy of such other websites, services, promotions and games that you visit or use.