Terms of use

IMPORTANT – PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (THE "EULA") BEFORE INSTALLING OR OTHERWISE USING OUR "MEMODOTS"APPLICATION AND RELATED SERVICES (THE "LICENSED APPLICATION") BROUGHT TO YOU BY MU GAMES INC. ("MUGAMES", "WE", "US", OR "OUR"), AS THEY MAY BE UPGRADED OR UPDATED BY US FROM TIME TO TIME. BY INSTALLING THE LICENSED APPLICATION, YOU AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT USE OR INSTALL THE LICENSED APPLICATION.

1. Scope of License. The Licensed Application is licensed, not sold, to you for use under the terms of this EULA. This license granted to you for the Licensed Application is limited to a non-transferable, non-sub-licensable right to use the Licensed Application on any mobile phone, tablet or device that you own or control (the "Device"). This license does not allow you to use the Licensed Application on any Device that you do not own or control. MuGames and other names, logos and icons identifying MuGames and its services are our trademarks. No use of these marks shall be permitted except through our prior written authorization and permission. We reserve all rights not expressly granted to you.

2. In-App Purchases.

The Licensed Application allows you to make purchases of additional content and services within the Licensed Application itself (the "In App Purchases"). Any In App Purchases that you make are non-refundable, non-redeemable, cannot be transferred among devices, can only be downloaded once and, after being downloaded, cannot be replaced. Once you have acquired and received the In App Purchase, we will no longer be liable to you for it in the event of any loss, destruction, or damage.

THE LICENSED APPLICATION IS OFFERED TO YOU SOLELY AS AN ENTERTAINMENT TOOL FOR PURPOSES OF ENJOYMENT. ANY STARS PURCHASED AS AN IN APP PURCHASE MAY ONLY BE USED WITHIN THE LICENSED APPLICATION ITSELF AND CANNOT BE USED OUTSIDE THE LICENSED APPLICATION.

3. License Restrictions:

3.1. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and any relevant usage rules of the Device marketplace where you downloaded the Licensed Application), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application).

3.2. You may not use the Licensed Application for any illegal purpose, or in violation of any applicable law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy;

3.3. You may not attempt to gain unauthorized access to the Licensed Application, or any part of it, other accounts, computer systems or networks connected to the Licensed Application through hacking or any other means or interfere or attempt to interfere with the proper working of the Licensed Application or any activities conducted via the Licensed Application by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You may not exploit the Licensed Application in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity;

3.4. You may not use the Licensed Application for any commercial activities, but rather only for your own personal use.

3.5. You may use the Licensed Application in a way that unreasonably overburdens our servers and systems. We reserve the right to apply limits on your use of our Licensed Application. We further reserve the right to publish such limitations, have them differ from user to user, or change such limitations at will, in each case in our sole discretion.

3.6. You may not use the Licensed Application in a way that harasses or bullies others.

4. Registration and Access. 

In order to access the Licensed Application, you will be requested to open an account by connecting through your Facebook© account. As an account holder, you are solely responsible for your account activity.

5. Consent to Use of Data; Privacy Policy.

You agree that we may collect and use data and related information, including but not limited to technical information about your Device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Licensed Application. We may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. This, and any other information collected from you through your use of the Services, will be used and governed by our Privacy Policy; please be aware that any information that you choose to post publicly or to share with others will not be deemed private and therefore not subject to our Privacy Policy.

6. Third Parties Store and Materials.

You acknowledge and agree that the availability of the Licensed Application is dependent on the third party store from which you downloaded the Licensed Application, such as the Android Market or the Apple app store (each, an "App Store"). You acknowledge that this EULA is between you and us, and not with the App Store. Each App Store may have its own terms and conditions to which you must agree to before downloading the Licensed Application from it, and your use the Licensed Application is also conditioned upon your compliance with such applicable terms.

Additionally, through the Licensed Application, you may be exposed to content, data, information, applications or materials from third parties ("Third Party Materials") or be provided with access to third party website links. By using the Licensed Application, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. We do not warrant or endorse and do not assume, nor have any liability or responsibility to you or any other person for any Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.

The Licensed Application may contain proprietary content, information and material that are protected by applicable intellectual property and other laws, including but not limited to copyright and trademarks. By using the Licensed Application, you agree that you will not use such proprietary content, information or materials in any way whatsoever except as permitted.

7. Termination.

The license provided under the Licensed Application is effective until terminated by you or by us. Your rights under this license will terminate automatically without notice from us if you fail to comply with any term of this EULA at our sole discretion. We may also impose limits on the use of or access to the Licensed Application, in any case and without notice or liability. Upon termination of the license, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

8. NO WARRANTY.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE", AND WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE LICENSED APPLICATION, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

9. LIMITATION OF LIABILITY.

IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, OR ANY OTHER DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES RELATED TO THE SUBJECT MATTER OF THIS EULA EXCEED THE AMOUNT OF ONE DOLLAR ($1). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10. RELEASE AND INDEMNIFICATION.

YOU RELEASE, AND AGREE TO INDEMNIFY, DEFEND AND HOLD US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHODLERS, AGENTS AND AFFILIATES, HARMLESS FROM ALL LIABILITIES, CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND INCLUDING REASONABLE ATTORNEY'S FEES: (I) RELATED IN ANY WAY TO YOUR USE OF THIS WEBSITE, THE SERVICES OR THE USER SUBMISSIONS; (II), CLAIMS THAT YOU MAY HAVE THAT ARE RELATED IN ANY WAY TO THE USER SUBMISSIONS, THIRD PARTY MATERIALS, ANY CONTENT FOUND ON THE SITE OR TO ACTIVITIES OR OMISSIONS OF ANY THIRD PARTY; OR (III) RELATED IN ANY WAY TO OR ARISING OUT OF YOUR USE SUBMISSIONS.

11. Credits.

The Licensed Application includes the following third party components, and the following is a list of notices about each component:

For network cocos2dx uses: http://libwebsockets.org/trac/libwebsockets

11.1. NOTICE ABOUT COCOS2D-X

Copyright © 2010 - 2014 Cocos2d-x.org

This third party software is licensed under the MIT License (MIT) as follows:

Permission is hereby granted, free of charge, to any person obtaining a copy of the above mentioned software and associated documentation files (the "Software", as defined in this Section 11.1), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Please also be aware that the Software is linked to a third party library, LIBWEBSOCKETS, Copyright © 2003-2013 Edgewall Software, and licensed under the GNU Lesser General Public License, version 2.1, a copy of which can be found here: https://www.gnu.org/licenses/lgpl-2.1.html. While we link to such library without altering it in any way, you may learn more about how to license this library and obtain a copy of it at: https://libwebsockets.org/trac/libwebsockets

11.2. NOTICE ABOUT JSONCPP:

The author (Baptiste Lepilleur) explicitly disclaims copyright in regards to the above mentioned software and associated documentation files (the "Software", as defined in this Section 11.2) in all jurisdictions which recognize such a disclaimer. In such jurisdictions, the author releases this Software into the public domain. In jurisdictions which do not recognize public domain property, the software is: Copyright (c) 2007-2010 Baptiste Lepilleur, and is released under the terms of the MIT License as follows:

Permission is hereby granted, free of charge, to any person obtaining a copy of this Software, to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

General. (i) The laws of Cyprus, excluding its conflicts of law rules, govern this license and your use of the Licensed Application; any controversy, claim, or dispute in connection with, arising under, or related to this EULA shall be settled exclusively in the courts of Cyprus. Your use of the Licensed Application may also be subject to other local, state, national, or international laws. (ii) Please note that we reserve the right, at our sole discretion, to revise, modify or change or remove portions or all of this EULA, at any time. (iii) If any provision of this EULA is held to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect. (iv) A party’s failure to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision. (v) The section titles in this EULA are solely used for the convenience and have no legal or contractual significance. (vi) We may assign this EULA to any party at any time.

Last Updated: November 19, 2014