Terms & Conditions
Please read these Terms and Conditions (“Terms and Conditions” or “Agreement”) carefully. This agreement affects your rights.
MOBILE GAME DOCTOR LLC (“Company” or “we”) provides a variety of consulting services related to video games (“Services”) under these Terms and Conditions.
This Agreement constitutes a legally binding agreement between each individual who receives or participates in ANY of the Services (“Customer”) or otherwise uses any one of the Company Properties. IF YOU Are a Customer or use any of the Company Properties, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY All OF ITS TERMS AND CONDITIONS.
YOU AGREE TO THE MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISIONS, DESCRIBED FULLY IN SECTION 4 below, TO RESOLVE ANY DISPUTES WITH the Company, Except for those Matters that may be taken to small-claims court.
1. CHANGES TO THE TERMS AND CONDITIONS
1.1 Company may at its discretion modify, update, add to, discontinue, remove or otherwise change these Terms and Conditions at any time. Each such modification will take immediate effect upon notification to you. Company may provide you with notices, including those regarding changes to these Terms and Conditions, by email, regular mail, text message, in-app messaging, or other reasonable means now known or hereinafter developed.
1.2 Your continued use of the Company Property following any such notifications constitutes your acceptance of such modifications and your agreement to be bound by these Terms and Conditions. If you do not agree to any modification of these Terms and Conditions, your sole remedy is to discontinue your use of the Company Properties. The most current version of these Terms and Conditions will be available on our website and supersedes previous versions.
2. INFORMAL DISPUTE RESOLUTION
2.1 We would like an opportunity to address your concerns without a formal legal case. Before filing a claim against Company, You agree to try to resolve the dispute informally by contacting us via email at legal@mobilegamedoctor.com. We will try to resolve the dispute informally by contacting you in writing via email. If a dispute is not resolved within 30 days of submission through this form, you or Company may bring a formal proceeding.
3. SERVICE LICENSE
3.1 Subject to this Agreement, we hereby grant you a non-exclusive, non-transferable license (without the right to sublicense) to access and use the Company Properties for your personal use to access the Service(s). You agree that you obtain no rights other than the rights and licenses expressly granted in this Agreement. Company reserves the right to change, upgrade or discontinue the Service and/or any Company Property and/or any feature of the Service or the Company Properties, at any time, with or without notice. All rights not expressly granted under this Agreement are reserved by Company or its licensors.
4. SERVICE RESTRICTIONS
4.1 You agree that you will not, and will not permit others to: (i) damage, interfere with or unreasonably overload the Company Properties; (ii) introduce into the Company Properties any code intended to disrupt the Service; (iii) alter or delete any information, data, text, links, images, software, chat, communications and other content available through the Company Properties (collectively, “Content”); (iv) access the Service or the Company Properties by expert system, electronic agent, “bot” or other automated means; (v) use scripts or disguised redirects to derive financial benefit from Company; (vi) modify, reverse engineer, reverse assemble, decompile, copy or otherwise derive the source code of any Company Property for any reason; (vii) rent, sell or sublicense any of the Company Properties; (viii) provide any unauthorized third party with access to the Service; (ix) access or attempt to access confidential Content through the Company Properties; (x) interfere with the operation of the Service, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses; (xi) post any material in any form whatsoever on the Company Properties or within the Service that is defamatory, obscene or otherwise unlawful or violates any third party’s right of privacy or publicity; (xii) infringe any third party’s patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Service or the Company Properties; (xiii) engage in any activity that does not comply with applicable law and regulations or otherwise engage in any illegal, manipulative or misleading activity through the use of the Service; (xiv) use the manual or automated software, devices or other processes to “scrape,” “crawl,” “spider” or index any page of Content from the Company Properties.
5. SERVICES
5.1 Website. We offer our website and related services for your use and reference without warranty, express or implied. Information on the website is protected by applicable Copyright and may not be reused or duplicated without written permission by the Company. If you wish to obtain such permission, please contact us at legal@mobilegamedoctor.com.
5.2 Blogs, Videos, Whitepapers, Podcasts, Conference presentations, Group discussions, and other distributed content. We offer such distributed content services for your use and reference without warranty, express or implied. Some of this information is protected by applicable Copyright and may not be reused or duplicated without written permission by the Company and/or by the third party owner of the content. If you wish to obtain such permission, please contact us at legal@mobilegamedoctor.com.
5.2 Communities. We sponsor and manage relevant communities for your participation without warranty, express or implied. While we maintain documented community standards for these communities (see Section 10), we do not guarantee that such standards will always be upheld, and in participating in such communities you agree to hold the Company harmless for any behavior of other participating individuals. Some of the information distributed in the community is protected by applicable Copyright and may not be reused or duplicated without written permission by the Company and/or by the third party owner of the content. If you wish to obtain such permission, please contact us at legal@mobilegamedoctor.com.
6. RECEIVING COMMUNICATIONS
6.1 By signing up to be a Customer, you agree to receive communications and notices by electronic mail. We may communicate with you regarding the Service by electronic mail or direct mail using information you provide to us. Your consent to receive electronic communications includes any notices or other information that we may be required by law to provide you in writing or otherwise. You agree to keep us apprised of your current email address should the same change after the date you become a Customer. We may also send you push notifications if you install the mobile application. If you elect to provide us a mobile number, we may use it to contact you when you make account updates or for account recovery purposes. You may receive recurring messages from us during those account changes. Standard message rates apply, and carriers are not responsible for any delayed or undelivered messages. You may opt out of receiving certain communications in accordance with our Privacy Policy.
7. YOUR FEEDBACK
7.1 You may be invited to provide us feedback, comments, ideas, suggestions, reviews and other information about our Services (“Feedback”) You hereby grant to Company and its affiliates and agents a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display the Feedback in any media and for any legal purpose, including, without limitation, the right to use such Feedback in advertising and promotional materials and to enhance or improve our products and services and the products and services of its affiliates.
8. COMMUNITY STANDARDS
8.1 By participating in the Services, you are becoming a Customer of a community that depends on the goodwill and responsible behavior of each of our Customers. Customers are required to refrain from transmission or communication of images or text constituting ethnic slurs, obscenities, sexually explicit material, inflammatory or derogatory comments, or anything else that may be construed as harassing or offensive, which is targeted at the Service, the Company Properties, our employees, contractors or agents, our Affiliate Stores or Sellers, or other Customers. This includes communications by means of social media or other Internet posts that violate the above community standards or promote or encourage gaming or fraudulent behavior. Customers who violate this provision, as determined by us in our sole discretion, may have their access to the Service suspended or terminated without prior notice. Please, immediately report any individual you observe participating in any illegal behavior to legal@mobilegamedoctor.com.
9. OWNERSHIP
9.1 All right, title and interest in the Service, the Company Properties and the Content belong to the Company or its licensors. Additionally, Company shall maintain all right, title and interest in the “Mobile Game Doctor” mark, the Mobile Game Doctor logo, and any other marks, service marks, trademarks or logos of Company and its affiliates (“Company Marks”). The Company Marks may not be used in connection with any product or service that is not Company’s or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Company. You shall not by any means bid on any keywords with any search engine containing “Mobile Game Doctor, or anything substantially similar to “Mobile Game Doctor” or any other Company Mark. You shall not mention or use Company in any ad text, extensions or banner ads without the express written consent of Company. All other trademarks not owned by Company that are used in the Services are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Company.
10. INDEMNIFICATION
10.1 You agree to indemnify Company, as well as their respective officers, directors, employees, successors, agents and affiliates, for any and all claims, damages, losses and causes of action (including attorneys’ fees and court costs) arising out of or relating to your breach of this Agreement or for any materials in any form whatsoever that are provided by you. You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim. We reserve the right, in our reasonable discretion, to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.
11. WARRANTY DISCLAIMER
11.1 THE SERVICES, CONTENT AND THE COMPANY PROPERTIES ARE PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR VALIDITY OF THE SERVICES, CONTENT OR THE COMPANY PROPERTIES. COMPANY DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE COMPANY PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12. LIMITATION OF LIABILITY
12.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR ANY LOSS PROFITS, LOSS DATA OR LOSS OF USE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE COMPANY’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED FIFTY U.S. DOLLARS ($50). THIS LIMITATION SHALL APPLY TO ANY AND ALL LIABILITIES OR CAUSES OF ACTION HOWEVER ALLEGED OR ARISING, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR ANY OTHER CLAIM WHETHER IN TORT,
CONTRACT, OR EQUITY.
13. TERMINATION OR SUSPENSION
13.1 This Agreement is effective when accepted by you and will remain in effect until we terminate it. We may terminate this Agreement and your use of or access to the Service at any time, for any reason or no reason. Termination will not prejudice either you or our remedies at law or in equity.
14. GENERAL PROVISIONS
14.1 Entire Agreement. These Terms and Conditions constitute the entire agreement between you and Company and govern your use of the Services superseding any prior agreements between you and Company with respect to the Products or Company Properties (including, without limitation, earlier versions of this Agreement that may have been accepted by you). Any representations, statements or agreements made or entered into elsewhere, whether directly or indirectly, written or oral or in advertising are not binding toward Company unless expressly confirmed in writing by Company to you. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third party content or third party software.
14.2 Choice of Law. The validity, construction and interpretation of this Agreement and the relationship between You and Company, including the rights and duties of the parties, will be governed by the laws of the State of California in the United States without regard to its conflict of law provisions. This shall not limit the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of applicable law.
14.3 Interpretation. Headings under this Agreement are intended only for convenience and shall not affect the interpretation of this Agreement.
14.4 Waiver and Severability of Terms. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions, except as otherwise stated.
14.5 Assignment. You may not assign, transfer, or otherwise dispose of your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void. Company has the right to transfer, assign or otherwise dispose of these Terms and Conditions without Your consent.
UPDATED: JULY 30, 2020