Terms and conditions – Koobimo Games

Koobimo End User License Agreement

YOU SHOULD CAREFULLY READ THIS AGREEMENT (THE “AGREEMENT”) BEFORE USING KOOBIMO’S ONLINE GAMING PLATFORM. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR OTHERWISE ACCESS THE PLATFORM.

Services that are the subject of these terms and conditions are provided by Koobimo Media UK Limited, Registered in England and Wales, No. 10723705,
Suite 5A Oathall House,
70 Oathall Road, Haywards Heath, RH16 3EN
Tel: +44 20 8638 8647

Koobimo Media UK Limited is referred to herein as “Koobimo”, “we,” or “us”.

Thank you for your interest in Koobimo’s online gaming services and interactive games, and the interactive games from other developers (“Licensors”) who make their games available through Koobimo’s Platform. (Koobimo’s and the Licensors’ games are collectively referred to herein as the “Games”). This Agreement sets forth the terms and conditions under which you are licensed to install and use the Platform. As used herein, the term “Platform” refers to each of the Games, and authorized Mobile Apps relating to the Games and the Koobimo service, and all features and components of each of them, whether installed or used on a computer or mobile device. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY, OR USE THE KOOBIMO PLATFORM.

This Agreement is effective upon your creation of an Account, and shall remain in effect until it is terminated or superseded by a New Agreement, or, if neither of the foregoing events occur, as long as you continue using the Platform. In the event that Koobimo chooses to cease providing the Platform, or license to a third party the right to provide the Platform, Koobimo shall provide you with no less than one (1) month’s prior notice. Neither the Platform nor Koobimo’s agreement to provide access to the Platform shall be considered a rental or lease of time on the capacity of Koobimo’s servers or other technology.

1 The Platform.

To use the Koobimo Platform, you must register, or have previously registered, a Koobimo account (an “Account”). Creation and use of Accounts are subject to the following terms and conditions:

You may establish an Account only if: (i) you are a “natural person” and an adult in your country of residence (Corporations, Limited Liability Companies, partnerships and other legal or business entities may not establish an Account); and (ii) you are not an individual specifically prohibited by Koobimo from using the Platform.
When you create or update an Account, you must:
1. provide Koobimo with accurate and up to date information that is personal to you, such as your name, address, phone number, and email address. Additionally, in order to play certain Games or use certain features offered on the Platform, you may also be required to provide Koobimo with payment information (such as credit card information). Koobimo’s retention and/or use of your personal information is subject to Koobimo’s Privacy Policy. Koobimo shall also have the right to obtain non personal data from your connection to the Platform; and
2. select a unique email and password (collectively referred to hereunder as “Login Information”). You may not use your real name as the password for the Account, and you cannot share the Account or the Login Information with anyone, unless the terms of this Agreement allow it.
You must maintain the confidentiality of the Login Information, as you are responsible for all uses of the Login Information and the Account, including purchases, whether or not authorized by you. If you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Koobimo at support@koobimo.com.
It is free to download and play any game from koobimo.com. Each game has various in-game unlocks ranging from 10 EUR to 30 EUR. In addition, there are multi-game unlocks available for purchase. Players are restricted to 3 transactions in any 24 hour period with maximum limit of 600 EUR per transaction.These unlocks are available to purchase using a credit/debit card.
You agree to pay all fees and applicable taxes incurred by you or anyone using your Account. Koobimo may revise the pricing for the games from Koobimo offered through the Platform at any time.
Tokens, Points, wins or any in-game purchases cannot and will not at anytime be able to convert to a cash prize.

2. Grant of License.

If you accept and comply with the terms of this Agreement, Koobimo will grant, and you will receive, a limited, revocable, non-sub licensable, and non-exclusive license to use the Platform subject to the “License Limitations,” set forth in below, as follows:

You may install applicable components or features of the Platform (including the Games) on one or more computers or mobile devices under your legitimate control.
You may use the Platform for your personal and non-commercial entertainment purposes only, unless specifically allowed under the terms of this Agreement.
You may not transfer your rights and obligations to use the Platform.
Some of the Games may be subject to specific license terms that may include the following:
1. Trial or “Starter” versions of Games allow you to play a limited version of the Game before you will be required to purchase a Game license from Koobimo. Licenses to use the full version of these Games can be purchased through the Platform.
2. In certain cases, the “full version,” of Games can only be played after you purchase and add a Game license to your Account.
You may play the Game(s) you have licensed at authorized publicly-available cyber cafés or computer gaming centers on the Platform through an Account registered to you.
Certain Games may be obtained through the Platform, but may not be playable on the Platform. In such an event, the Game will be provided with a separate End User License Agreement that will govern your installation and use of the Game post purchase.
Games which are produced by Koobimo’s Licensors and distributed through, and/or played upon, the Platform will require that you agree to the Licensor’s End User License Agreement prior to your being able to play the Game on the Platform, and the terms and conditions of Licensor’s End User License Agreement are hereby incorporated into this Agreement by this reference. In the event of a conflict between the terms between this Agreement and a Licensor’s End User License Agreement pertaining to the use of the Licensor’s Game, the Licensor’s End User License Agreement shall supersede and govern your use of the Licensor’s Game. However, in the event of a conflict between the terms of this Agreement and the Licensor’s End User License Agreement pertaining to any other aspect of the Platform, this Agreement shall supersede and govern your use of the Platform.

3. License Limitations.

Koobimo may suspend or revoke your license to use the Platform, or parts, components and/or single features thereof, if you violate, or assist others in violating, the license limitations set forth below. You agree that you will not, in whole or in part or under any circumstances, do the following:

Derivative Works: Copy or reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Platform.
Cheating: Create, use, offer, promote, advertise, make available and/or distribute the following or assist therein:
cheats;. methods not expressly authorized by Koobimo, influencing and/or facilitating the gameplay, including exploits of any in-game bugs, and thereby granting you and/or any other user an advantage over other players not using such methods;
bots; any code and/or software, not expressly authorized by Koobimo, that allows the automated control of a Game, or any other feature of the Platform, e.g. the automated control of a character in a Game;
hacks; accessing or modifying the software of the Platform in any manner not expressly authorized by Koobimo; and/or
any code and/or software, not expressly authorized by Koobimo, that can be used in connection with the Platform and/or any component or feature thereof which changes and/or facilitates the gameplay or other functionality;
Prohibited Commercial Uses: Exploit, in its entirety or individual components, the Platform for any purpose not expressly authorized by Koobimo, including, without limitation (i) playing the Game(s) at commercial establishments (subject to Section 1.B.v.3.); (ii) gathering in-game currency, items, or resources for sale outside of the Platform or the Game(s); (iii) performing in-game services including, without limitation, account boosting or power-leveling, in exchange for payment; (iv) communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation or offer through or within the Platform; or (v) organizing, promoting, facilitating, or participating in any event involving wagering on the outcome, or any other aspect of, Koobimo’s Games, whether or not such conduct constitutes gambling under the laws of any applicable jurisdiction, without authorization.
“esports”: Use the Platform for any esports or group competition sponsored, promoted or facilitated by any commercial or non-profit entity without obtaining additional authorization from Koobimo or obtaining Koobimo’s prior written consent. For more information on obtaining appropriate authorization, please visit Koobimo’s website.
Duplicated Items: Create, utilize or transact in any in-game item created or copied by exploiting a design flaw, undocumented problem, or program bug in the Platform.
Transfers: Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Platform or component thereof, or your rights to the Platform to any other party in any way not expressly authorized herein.
Disruption / Harassment: Engage in any conduct intended to disrupt or diminish the game experience for other players, or disrupt operation of Koobimo’s Platform in any way, including:
Disrupting or assisting in the disruption of any computer used to support the Platform or any Game environment. ANY ATTEMPT BY YOU TO DISRUPT THE PLATFORM OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
Harassment, “griefing,” abusive behavior or chat, conduct intended to unreasonably undermine or disrupt the Game experiences of others, deliberate inactivity or disconnecting, and/or any other activity which violates Koobimo’s Code of Conduct or In-Game Policies.
Violation of Laws: use the Platform to violate any applicable law or regulation.

4. Koobimo’s Ownership

With the sole exception of the Licensors’ Games, Koobimo is the owner or licensee of all right, title, and interest in and to the Platform, including the Games that are produced and developed by Koobimo (“Koobimo Games”), Custom Games derived from a Koobimo Game, Accounts, and all of the features and components thereof. The Platform may contain materials licensed by third-parties to Koobimo, and these third-parties may enforce their ownership rights against you in the event that you violate this Agreement. The following components of the Platform (which do not include content or components of the Licensors’ Games), are owned or licensed by Koobimo:
1. All virtual content appearing within the games
2. All data and communications generated by, or occurring through, the Platform;
3. All sounds, musical compositions, recordings, and sound effects originating in the Platform;
4. Computer code, including but not limited to “Applets” and source code;
5. Titles, methods of operation, software, related documentation, and all other original works of authorship contained in the Platform;
6. The right to create derivative works, and as part of this Agreement, you agree that you will not create any work based on the Platform, except as expressly set forth in this Agreement or otherwise by Koobimo.

5. Warranty

THE PLATFORM, ACCOUNTS, AND THE GAME(S) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” BASIS FOR USE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED OR ERROR-FREE USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. The entire risk arising out of use or performance of the Platform and the Game(s) remains with the user.

6. Limitations of Liability.

Koobimo, its parent, subsidiaries, Licensors and affiliates shall not be liable for any loss or damage arising out of your use of, or inability to access or use, the Platform or Account(s). Koobimo’s liability shall never exceed the total fees paid by you to Koobimo during the six (6) months prior to your making a claim against Koobimo. Because some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, Koobimo’s liability shall be limited to the fullest extent permitted by law.

7. Indemnity

You hereby agree to defend and indemnify Koobimo, its parent, subsidiaries, Licensors and affiliates against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by Koobimo arising out of or from your use of the Platform or Account(s), or any specific services or features associated therewith, including but not limited to User Content, Custom Games, Game Editors, Koobimo Balance, and this Agreement.

8. Cancellation / Refund

You are entitled to terminate this Agreement at any time by notifying Koobimo by email at support@koobimo.com.
Koobimo reserves the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, most Account suspensions and terminations are the result of violations of this Agreement. In case of minor violations of these rules, Koobimo may provide you with a prior warning and/or suspend your use of the Account due to your non-compliance prior to terminating the Agreement or modifying or deleting an Account.
In the event of a termination of this Agreement, any right you may have had to any pre-purchased Game access or virtual goods, such as digital cards etc., are forfeit, and you agree and acknowledge that you are not entitled to any refund for items unlocked via Credit/Debit card and only allowed 70% of any amounts which were pre-paid on your Account (i.e. Credits/Tokens) prior to any termination of this Agreement. In addition, you will not be able to use the Platform.

9. General

Koobimo may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without Koobimo’s prior written consent. Your assignment of this Agreement without Koobimo’s prior written consent shall be void.
Koobimo’s failure to enforce a provision of this Agreement shall not be construed as a (1) waiver of such provision, or (2) diminishment of any right to enforce such provisions. Further, Koobimo may choose to waive enforcement of a provision of this Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future.
Notices
1. If to Koobimo.All notices given by you under this Agreement shall be in writing and addressed to Koobimo Media UK Limited, Suite 4, 2nd Floor, The West Wing, Mantarik House, Bedlam Court, GX11 1AA Gibraltar.
2. If to You. All notices given by Koobimo under this Agreement shall be given to you either through written notice, email, or website blog post.
Koobimo shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Koobimo, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, acts of God, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.

10. Governing law

These terms and conditions and the transactions contemplated hereby shall be governed by, and construed and interpreted in accordance with the laws of England and Wales.
Any dispute with Koobimo will be dealt under the jurisdiction and governing laws of England and Wales.