The terms of this agreement ("Terms of Use") govern the relationship between you and Mancala Gaming s.r.o. ("us" or "we") regarding your use of our games, websites, and related services ("Service"). Use of the Service is also governed by our Privacy Policy, which shall be incorporated with and considered an integral part of these Terms of Use.
By accessing or using the Service, you indicate that you understand and agree to these Terms of Use, together with the Privacy Policy and Cookie Policy (collectively "Terms"). If you do not agree to be bound by these Terms, please do not access or use the Service. For the avoidance of doubt, use of the Service is void where prohibited under local legislation.
We reserve the right, at our sole discretion, to amend, modify, supplement, or remove any part of these Terms at any time by posting the revised Terms on our website. By using the Service after such changes are posted, you are deemed to have accepted the amended Terms. If, at any time, you do not agree to any provision of the then-current version of these Terms, or any other policy, rule, or code of conduct that may be established by us from time to time in connection with your use of the Service, your license to use the Service shall immediately terminate, and you must cease all use of the Service immediately.
1. Purpose
The website is intended to: (i) provide you with information about us, our games, products and activity; and (ii) allow you to try some of our games and products.
2. Legal age
The website is only intended for individuals aged eighteen (18) years or older (or the legal age to gamble in the jurisdiction in which you reside, if higher). You shall deny access to people under the legal age to gamble. If you are under the legal age to gamble, please do not visit or use the website.
3. Access permission
We hereby grant you permission to visit and use the Site and the games and products made available therein for your own non-commercial entertainment purposes, provided that you comply with these Terms and any applicable law. You agree not to use the Service for any other purpose.
4. Limitation of use
You agree that you will not, under any circumstances:
- copy, distribute or modify any part of the Service without our prior written authorization;
- use, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, display or disclose our Service, except as expressly authorized herein;
- disrupt, overburden, or aid or assist in the disruption or overburdening of servers or networks connected to the website;
- use exploits, automation software, bots hacks, mods, or any unauthorized third party software designed to modify or interfere with the Service;
- institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service;
- reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for any underlying software or other intellectual property; and/or
- circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or that enforce limitations on use of the website.
We reserve the right to determine what conduct is in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Use itself. We reserve the right to take action as a result, which may include prohibiting you from using the Service in whole or in part.
5. Ownership
All rights, title and interest in and to the Service (including without limitation any website design, text, graphics, photographs, games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, underlying source code, software and other proprietary rights) are owned by or licensed to Mancala Gaming s.r.o. We reserve all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service.
You acknowledge you are not allowed to reproduce the Service or any part of it in any form whatsoever without our express written consent. Under no circumstances shall the use of the Service grant you any interest in any intellectual property rights owned by us or by any third party whatsoever. No rights whatsoever are granted to use or reproduce any trade names, trademarks or logos except if specifically permitted in writing by the owner of such rights. Any breach of this requirement which we become aware of will be notified within reasonable time to the respective intellectual property right owner for undertaking appropriate action and enforcement.
6. Limitation of liability
To the fullest extent permitted by applicable law, we shall not be liable to you for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenues, data, goodwill, business opportunities, or other intangible losses (however characterized), arising out of or in connection with these Terms of Use or your access to or use of, or inability to access or use, the Service, whether based on contract, tort (including negligence), strict liability, or any other legal theory, and regardless of whether we have been advised of the possibility of such damages.
In no event shall our total aggregate liability for any and all claims arising out of or relating to these Terms of Use or your use of the Service exceed the total amount of fees, if any, actually paid by you to us for use of the Service during the two (2) months immediately preceding the event giving rise to the claim. You acknowledge and agree that if you have not paid any fees to us during such period, your sole and exclusive remedy for any dispute or claim against us shall be to discontinue use of the Service.
Certain jurisdictions do not permit the exclusion of specific warranties or the limitation or exclusion of liability for particular types of damage. As a result, some of the above disclaimers and limitations may not apply to you. To the extent that applicable law does not allow us to disclaim any warranty or limit our liability as set forth in these Terms, such warranties and liabilities shall be limited to the maximum extent permitted by such applicable law.
7. Indemnification
You agree to indemnify, defend, and hold us harmless for any claim, demand, damages, or other losses, including reasonable attorneys' fees, asserted by any third party resulting from or arising out of your use of the Service, or any breach by you of these Terms.
8. Warranties
The Service is provided on an "as is" and "as available" basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. We do not warrant that you will be able to access or use the Service at the time or locations of your choosing; that the Service will be uninterrupted or error-free; that defects will be corrected; or that the Service is free of viruses or other harmful components. Furthermore, we do not warrant, endorse or guarantee any content, product, or service that is featured or advertised on the site by a third party.
9. Third parties
The website enables you to view, access, and link to content from third parties, such as websites and services ("Third-Party Site"). These Third-Party Sites are not under our control, and we are not responsible for the contents of any Third-Party Sites, including without limitation any link contained in a Third-Party Site, or any changes or updates to a Third-Party Site.
You are solely responsible and liable for your interaction with Third-Party Sites. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us, and release us from any and all liability, arising from your use of and interaction on any Third-Party Site and from your interaction with any Third-Party Site. If you have any query or complaint regarding a Third-Party Site or its content, you agree to contact the Third-Party Site directly.
10. Governing law
These Terms of Use and any dispute arising out of or related to the Terms are governed by the laws of Czech Republic. The parties undertake to first try to resolve the dispute by negotiation. If the parties fail to reach an amicable resolution through negotiation, the parties agree to submit the dispute to the competent court of Czech Republic.
11. Assignment
We may assign or delegate these Terms, in whole or in part, to any person or entity at any time without restriction or notification to you. You may not assign or delegate any rights or obligations under these Terms without our prior written consent, and any unauthorized assignment and delegation by you is ineffective.
12. Severability
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
13. No waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
14. Remedies
You acknowledge that the rights and obligations under these Terms of Use are of a unique irreplaceable nature, the loss of which shall irreparably harm us and which cannot be replaced by monetary damages alone so that we shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof or damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive any right to seek injunctive or other equitable relief, including any right to enjoin or restrain the operation of the Service or any of our games, the use or exploitation of any advertising or other materials related thereto, or the use or exploitation of the Service or any content or other materials provided or displayed through the Service. You further agree that any claims shall be limited to claims for monetary damages, subject to the limitations set forth in Section 6 (Limitation of Liability)
15. Term
These Terms are effective until terminated by us or you. We, in our sole discretion, have the right to terminate these Terms and/or your access to the website, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of the Terms). We shall not be liable to you or any third party for termination of the website, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the website in any way, your only recourse is to immediately discontinue use of the website. Upon termination of these Terms, you shall cease all use of the website. This Section 15 and Sections 5 (Ownership), 6 (Limitation of Liability), 7 (Indemnification), 8 (Warranties), 10 (Governing law) and 14 (Remedies) shall survive termination of these Terms.