Terms of Use

online-mobile.games Terms of Service

These Terms of Service constitute a legal agreement between you and MobiTech (“MobiTech,” or “we,” “us,” “our”), regarding your download, access, and/or use of MobiTech’s online-mobile.games website. These Terms of Service (the “Terms”) also apply to any other services that we may provide in relation to the Games or the Apps (collectively, together with the Games, the “Services“).

“You” means any adult user of the site, or any parent or guardian of any minor whom you allow to use the site or the Services, and for whom you will be held strictly responsible.

The Games are not intended for minors under the age of 18. IF YOU ARE UNDER THE AGE OF 18 YOU MAY NOT USE THE SERVICES IN ANY WAY.

Please read these Terms carefully. These Terms govern your access to and use of the site and/or Services.

By using the Apps and/or Services, you signify your acceptable of these Terms.

Changes may be made to these Terms from time to time. Your continued use of the site or Services shall be deemed acceptance of the amended or updated terms. If you do not agree to any of these Terms, please do not use the site or Services.

Services

You may use the site and Services in accordance with the terms set forth herein. MobiTech may, in its sole discretion and at any time, discontinue providing any part of the site and/or Services without notice. Access and use of the site and/or Services is allowed solely for your personal, non-commercial purposes, in accordance with these Terms and any conditions or restrictions associated with particular Games. All other uses are expressly prohibited absent MobiTech’s express written consent.

Use of the Services and access to the site is void where prohibited. By using the Services, you represent and warrant that:

  1. you are eighteen (18) years of age or older.
  2. you will not give access to the site to children under the age of thirteen (13)
  3. you are responsible for any unauthorized use of the site and/or Services, including by any minor
  4. your use of the site and/or Services does not violate any applicable law or regulation or any obligation you may have to a third party.
Access to the Services is provided by accessing the online-mobile.games site.

Termination of Access

If we believe, in our sole discretion, that a violation of the Terms or any illegal or inappropriate behavior has occurred, we may take any corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the App/site and/or Services. We will fully cooperate with any law enforcement investigation or court order requesting or directing us to disclose the identity, behavior or activities of anyone believed to have violated these Terms or to have engaged in illegal behavior.

Any suspension or termination of your access shall not affect your obligations to us under these Terms (including but not limited to indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination of access.

Content

Certain types of content may be made available through the App/site or the Services. “Content” as used in these Terms means, collectively, all content on or made available on the App/site or through the Services, including any software, sound, graphics, video, images, photos, pictures, and any modifications or derivatives of the foregoing.

Content on the Services and Apps/site comes from a variety of sources. You understand that MobiTech is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to this Content.

WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF ANY AND ALL USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICES OR OTHERWISE.

Use Restrictions

You may not do or attempt to do any of the following:
  1. decipher, decompile, disassemble, or reverse-engineer any of the software/site and/or code, if and as applicable, used to provide the Services and/or the Apps /site/s without our prior written authorization, including framing or mirroring any part of the Apps and/or Services
  2. circumvent, disable, or otherwise interfere with security-related features of the Services or the Apps or features that prevent or restrict use or copying of any content
  3. use the Apps/site/s, Content thereon or Services in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms
  4. use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Apps/site/s
  5. use the Apps/site/s or Content thereon in any manner not permitted by these Terms
  6. use or make available any cheats or technological measured designed to control access to, or elements of, our Services, including providing access to any Virtual Money and/or Virtual Goods, whether on a free of charge basis or otherwise.

Intellectual Property

The Services and site and all elements comprising the online-mobile.games, including without limitation, the text, design, logos, graphics, icons, videos, and images, as well as the copyright and trademarks are and shall at all times remain the sole property of MobiTech or its licensors.

Except as expressly permitted in the Terms, any use, reproduction, modification, distribution, transmission, republication, display or performance of the Services and/or the Apps or any Content is strictly prohibited. Trademarks, services, marks and logos displayed on the Services and/or Apps are the exclusive property of MobiTech unless otherwise stated and may not be used without our express written consent. All rights not expressly granted herein are reserved to MobiTech, its affiliates and its licensors. You shall have no ownership or property interest in any of our Services, including without limitation, Virtual Money and/or Virtual Goods.

No Warranties; Disclaimer

Your use of the Apps and Services of published games at your sole discretion and risk. The Apps, sites, Content and Services are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. We do not represent or warrant that any of the Services will be useful for your own needs.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE APPS, CONTENT THEREOF, AND SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE APPS AND SERVICES; (II) THAT THE APPS AND SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; AND (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE APPS AND SERVICES.

No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Limitation of Liability

We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content or Services. We assume no responsibility or liability with respect to any Game design through the Apps or Services. We are not responsible for any problems or technical malfunction of any telephone network or lines, servers or providers, software, damage to users or to any person’s computer, cellular phone and/or other device related to or resulting from participation in or downloading materials in connection with the Apps or Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Apps or Services, from any Content posted on or through the Apps or Services, or from the conduct of any users of the Apps or Services, whether online or offline.

IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APPS AND SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE GAMES PROVIDED AS PART OF OR THROUGH THE APPS OR THE SERVICES, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR MAXIMUM CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE APPLICABLE CLAIM.

Indemnification

You agree to indemnify, defend, and hold harmless MobiTech and our respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer and/or (mobile) device, password or account or login information (including but not limited to breach of warranties, representations and obligations under these Terms); (b) any claim, loss or damage experienced from your use or attempted use of the Apps or the Services, including any Virtual Money and/or Virtual Goods purchased via the Apps or Services; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law.

Third Party Content

The Apps (including, without limitation, advertisements) may provide you with third party links to websites, applications, and services. We make no promises regarding any content, goods or services provided by such third parties and all use of third-party websites and applications is at your own risk. Additionally, we do not accept responsibility for any payments processed or submitted through such third party websites and applications, or for the privacy policies of the same such third parties. We do not endorse any products offered by third parties and we urge our users to exercise caution in using third-party websites or applications.

Miscellaneous

These Terms shall be governed by the laws of the State of Israel and the competent courts in Tel Aviv-Jaffa shall have exclusive jurisdiction to hear any disputes arising hereunder. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and MobiTech or enables you to act on behalf of MobiTech. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. You shall not be entitled to assign any of your rights hereunder to any third party. MobiTech may assign any and all rights hereunder to any third party.

Last updated: January 2024