These terms (the “Terms”) govern the relationship between Yalla.Media (“Company” or “we”) and you (“User”, "Player" or “you”) regarding your use of the Company’s social games (the “Games”) offered on its applications or via the Internet (collectively the “Apps”) (the Games and Apps shall collectively be referred to the “Services”) through either the Facebook platform or as installable mobile applications for iOS/Android/Kindle. Users may use the Services in accordance with the Terms.
1. Acceptance of the Terms
The Services may only be used by individuals who are at least thirteen (13) years old (see Section 5 below). If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agreed to the Terms of Service. PLEASE NOTE: Individuals may nonetheless be prohibited from using the Services (which includes but is not limited to participating in particular Game) due to age restrictions specifically applicable to those Services.
2. The Services
We offer the Services through the Facebook platform or as installable mobile applications for iOS/Android/Kindle platforms. You acknowledge and accept that you may be playing the Games against either the computer or against other players (as applicable) and may communicate with other players. You may only invite friends to use the Services who you reasonably believe are interested in playing Games with you.
Players will be informed about the results of a Game, and whether they have won a prize within the Game. Yalla.Media reserves the right to correct results in retrospect or to declare results void, if the result of a Game was caused by a technical default or a Player's fraudulent behavior.
To be able to access and/or use the Service, or any portion thereof, User must legally obtain all the applicable or required utilities and equipment (such as PC, smart phones, Internet connection) at his/her sole risk and expense. Please note that the Apps may only be available for certain operating systems (such as iOS, Android, Kindle). The User may only download and use the Apps on a device running validly licensed copies of the operating systems on which the Apps were designed to operate.
3. Your Account
Use and registration for the Services is entirely free of charge. The different platforms offer users different ways to play the Games such as by registering and opening an account via Facebook or by playing the Game as a guest ("Guest Player") with just a registration of the player name. iOS and/or Android and/or Kindle platforms: The User can play the Games on the iOS and/or Android and/or Kindle platforms by using his/her existing Facebook account or alternatively as a Guest Player. Facebook platform: The User can play the Games on the Facebook platform only through his/her existing Facebook account.
Yalla.Media is neither liable nor responsible for the availability and functionality of your Account which has been established using any third party accounts (namely, Facebook) and which are used by you to access the Services. Your rights and obligations related to third party accounts are ruled by the respective agreements and terms between you and the relevant third party. You must comply with such third party agreements and terms.
You must safeguard and not disclose your Account username, password and you must supervise the use of such Account.
You must provide accurate and complete information when creating an Account and you agree not to misrepresent your identity or your Account information or open an Account using a false identity or incorrect information, or on behalf of someone other than yourself. You agree to keep your Account information up to date and accurate. You are solely and fully responsible for any activities that occur under your Account, whether or not such actions were taken by you, which include, but are not limited to, any purchases whether or not authorized by you. You therefore acknowledge that your Account may be terminated if someone else uses it to engage in any activity that violates these Terms of Service or is otherwise improper or illegal.
If for any reason you wish to terminate your Account you can contact us at: support@Yalla.Media. Your Account will terminate within a reasonable timeframe following your request, and from the date of termination you will no longer be able to access your Account. You must remove all contents of the Services immediately once you request to terminate your Account.
Note that you shall monitor your Account and restrict use by those under the age of 13, and you will deny access to Your Account to children under the age of 13. You accept full responsibility for any unauthorized use of the Services by minors in connection with your Account. You are responsible for any use by anyone else of your credit card or other payment instrument in relation to the Services.
A Player will immediately inform Yalla.Media as soon as they are aware or reasonably suspect that any unauthorized use has been made of his/her Account or any loss, theft, or unauthorized disclosure of their login information, password or username . Yalla.Media recommends that, for security reasons, passwords should be changed regularly. YOU AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN AN ACCOUNT WHICH INCLUDES BUT IS NOT LIMITED TO ANY VIRTUAL CURRENCY (AS DEFINED BELOW), HOWEVER EARNED OR PAID FOR, OR ANY VIRTUAL ITEMS (AS DEFINED BELOW), HOWEVER OBTAINED, AND YOU ACKNOWLEDGE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL BE OWNED BY Yalla.Media. YOUR ACCOUNT WILL BE CONSIDERED ACTIVE UNTIL WE RECEIVE YOUR REQUEST TO DEACTIVATE OR DELETE IT OR IN THE EVENT THAT THE COMPANY DECIDES TO TEMPORARILY OR PERMANENTLY LIMIT, SUSPEND OR TERMINATE YOUR ACCOUNT (AS FURTHER DETAILED BELOW). NEVERTHELESS, WE RESERVE THE RIGHT TO TERMINATE AN ACCOUNT THAT HAS BEEN INACTIVE FOR AT LEAST 180 CONSECUTIVE DAYS.
4. Your Use of the Services
You represent and warrant that you have full right and authority to use the Services and to be bound by these Terms of Service. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the terms herein.
You undertake that you shall not defraud, or attempt to defraud, Yalla.Media or other users, and that you shall not act in bad faith in your use of the Services. If Yalla.Media determines that you do act in bad faith in violation of these Terms of Service, or if Yalla.Media determines that your actions fall outside of reasonable community standards, Yalla.Media may, at its sole discretion, terminate your Account and prohibit you from using the Services.
There are certain types of conduct which are strictly prohibited when using the Services. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at Yalla.Media' sole discretion) in the termination of your access to the Services and/or may expose a User to civil and/or criminal liability.
You may not, whether by yourself or anyone one acting your behalf: (1) create an Account if you are under the age of 13; (2) upload, post, transmit or otherwise disseminate material that is vulgar, indecent, obscene, pornographic, sexual or that is, in the Company’s view, otherwise offensive or objectionable; (3) libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically or in any other manner; (4) create false personas, multiple identities, multiple user accounts, set up an account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate these Terms of Service or the terms of service or anything analogous thereto and guidelines of any third-party applications or social networks through which the Services are accessed; (5) violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party; (6) engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;(7) use the Services for any illegal, immoral, unlawful or unauthorized purpose or promote any illegal activity; (7) use the Services or your Account or the Content (as such term is defined below) for non-personal or commercial purposes (including without limitation communicating or facilitating any commercial advertisement or solicitation or gathering or transferring Virtual Items or Virtual Currency for sale without Company’s express prior written consent; (9) fail to pay any fees (to the extent applicable); (10) interfere with or violate users' rights to privacy and other rights, or harvest, post, solicit, attempt to obtain or collect passwords or other private information from other users including personally identifiable information about users(whether in text, image or video form), identification documents, or financial information, or data-mine information; (11) interfere with or disrupt the operation of the Services or the servers or networks that host the Services, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks; (12) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Services; (13) take any action that imposes, or may impose an unreasonable or disproportionately large load on our platform infrastructure as determine by the Company; (14) bypass any measures we may use to prevent or restrict access to the Services; (15) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the content made accessible by Yalla.Media on or through the Services, including any information, videos, text, graphics, software programs used by Yalla.Media in connection with the Services, materials, descriptions, data obtained from or through the Services (collectively, the "Content"), or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content, other than as permitted under these Terms of Service; (16) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Yalla.Media' proprietary rights, including Yalla.Media's Intellectual Property (as such term is defined below), in any way or by any means, unless expressly permitted in the Terms of Service; (17) make any use of the Content on any other site or networked computer environment for any purpose, or replicate or copy the Content without Yalla.Media’ prior written consent; (18) create a browser or border environment around the Content (no frames or inline linking is allowed); (19) sell, license, or exploit for any commercial purposes any use of or access to the Services or Content; (20) frame or mirror any part of the Services without Yalla.Media' prior express written authorization; (21) create a database by systematically downloading and storing all or any of the Content from the Services; (22) transmit or otherwise make available in connection with the Services any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component or transmit unauthorized communications through the Service, including spam and any materials that promote spyware, malware and downloadable items; (23) access or use Virtual Items or Virtual Currency that have been sublicensed, sold or otherwise transferred from the original Account holder without Yalla.Media’s prior express consent or as provided for in the rules of the applicable Game; (24) remove or disassociate, from the Content or the Services any copyright, trademark or other proprietary notices contained in such materials (such as ©,™, or ®); (s) engage in any act that Yalla.Media deems to be in conflict with the spirit or intent of the Terms of Service, inter alia, circumvent or manipulate the Terms of Service; (25) use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Service or use the Service in order to design or assist in the design of cheats or any other unauthorized third party software designed to modify or interfere with the Service; (26) attempt to gain unauthorized access to the Services or Accounts registered to others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by Yalla.Media; (27) perform in-game services in exchange for payment outside the Service (e.g. power-leveling and item collection services);or (28) breach or violate any of the Terms of Service .
Subject to your agreement and continuing compliance with these Terms of Service, Yalla.Media hereby grants to you, and you accept, a personal, non-exclusive, non-commercial, non-transferable, non-sub-licensable and fully revocable limited license to download and use the Services solely for the limited purpose of your internal non-commercial use, and for no other purpose, strictly in accordance with the Terms of Service, the applicable Usage Rules (defined below) and applicable law. The Terms of Service do not convey to you an interest or ownership in or to the Company's intellectual property but only a limited revocable right to use the Service in accordance with the Terms. Nothing in the Terms of Service constitutes a waiver of the Company’s intellectual property rights under any law.
7. Virtual Currency and Virtual Items
The Services may provide you with the opportunity of purchasing through real money, or by using Virtual Currency, virtual items which may include virtual goods, bingo cards and spins (“Virtual Items”). The term "Virtual Currency" means Facebook Credits virtual in game currency, which for example may take the form of prizes, coins, chips, gold or pearls. In addition, you may earn Virtual Items through playing a Game. The Virtual Currency and Virtual Items will be credited to your Account until you have discharged them in accordance with these Terms of Service. We reserve the right to refuse your request to obtain Virtual Currency or Virtual Items for any reason whatsoever. Your purchase of Virtual Currency or Virtual Coins is final and is not refundable except in Yalla.Media's sole discretion. You do not in fact "own" the Virtual Items or Virtual Currency and you expressly agree that you have no right or title to any Virtual Currency and Virtual Items. The amounts of any Virtual Item do not refer to any credit balance of real money or any of its equivalents.
Yalla.Media prohibits any transfers, gifts or trade of Virtual Currency orVirtual Items outside of the Services unless expressly authorized by Yalla.Media in advance and in writing or in accordance with the applicable Game rules. Accordingly, you may not sublicense, trade, transfer, sell or attempt to sell Virtual Items or Virtual Currency for real world money, or exchange Virtual Currency or Virtual Items for value of any kind, unless you have obtained Yalla.Media’s express prior written consent or in accordance with the applicable Game rules. Any such transfer or attempted transfer will be considered void, and will subject your Account to termination.
If you purchase Facebook Credits from Facebook, you are agreeing to Facebook’s Payment Terms and Yalla.Media is not a party to that transaction. You further acknowledge and agree that Yalla.Media shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused with respect to Facebook Credits. We encourage you to carefully read Facebook Payment Terms as such terms will apply to Facebook Credits.
Yalla.Media retains the right to manage, add, control, modify or eliminate Virtual Items or any form of Virtual Currency at its sole discretion and without notice to you. In any such case you shall not be liable to receive any refund. Prices and availability of Virtual Items are subject to change without notice.
Virtual Currency and Virtual Items may only be held by legal residents of countries where access to and use of the Services are permitted. Virtual Items may only be purchased or acquired from the Company and through means we provide by the Services or otherwise expressly authorize. We reserve the right to refuse your request to purchase and/or acquire Virtual Items for any reason. When you purchase Virtual Items, they will reside in your Account until discharged through playing the Game. PURCHASE OF VIRTUAL CURRENCY AND OBTAINING VIRTUAL ITEMS SHALL BE DONE IN ACCORDANCE WITH APPLICABLE LAWS AND IS ENTIRELY AT YOUR OWN RISK AND IS NON-REFUNDABLE AND NON-EXCHANGEABLE.
You agree to pay all fees and applicable taxes incurred by you or anyone using your Account. Yalla.Media may revise the pricing for the goods and services it licenses to you through the Service at any time. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments for Virtual Currency. You understand that we may suspend or terminate your Account if for any reason a charge you authorize us to make to your credit card or other method of payment cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through an alternative payment method.
YOU ACKNOWLEDGE THAT Yalla.Media IS NOT REQUIRED FOR ANY REASON TO PROVIDE A REFUND FOR THE PURCHASE OF VIRTUAL CURRENCY OR FOR ANY VIRTUAL ITEMS, AND THAT YOU WILL NOT RECEIVE A MONEATRY REFUND OR ANY OTHER COMPENSATION FOR UNUSED VIRTUAL CURRENCY OR VIRTUAL ITEMS WHEN AN ACCOUNT IS TERMINATED, FOR ANY REASON WHATSOEVER. Please note: You hereby acknowledge and agree that you may be charged for Internet connection, mobile fees and data usage charges made through use of the Services in accordance with the applicable rates charged by your respective third party internet and data usage service provider.
9. Intellectual Property Rights
The Services (including but not limited to the Games the App), the Content and the Company's proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, copyrightable materials, graphics, sounds, animations, text, images, designs (including the "look and feel" of the Services) specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface, trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable copyright and other intellectual property laws and international conventions. Notwithstanding anything to the contrary herein, you agree that the Services are licensed hereunder, not sold. All rights not expressly granted to you hereunder are reserved by the Company and its licensors. To the extent you provide any feedbacks, comments or suggestions to Yalla.Media regarding the Service ("Feedback"), Yalla.Media shall have an-exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Yalla.Media current or future product, technology or Services and use the Feedback for any purpose without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Furthermore, you warrant that your Feedback is not subject to any license terms that would purport to require Yalla.Media to comply with any additional obligations.
10. Trademarks and Trade names
“Yalla.Media” as well as Yalla.Media's trademarks, trade names and logos and all other proprietary identifiers used by the Company in connection with the Services (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear in connection with the Services belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect to the Company Trademarks or the Third Party Marks and therefore you will avoid using any of the Company Trademarks or the Third Party Marks, except as permitted herein.
11. Direct Marketing and Advertisements
Direct Marketing: You hereby agree that we may use your contact details for the purposes of providing you with information regarding the Game, Services and new features which may interest you, and to send to you advertisements and other marketing material, transmitted to the e-mail address you have provided. You may withdraw your consent via sending a written notice to Yalla.Media by email to the following address: unsubscribe@Yalla.Media.com, or alternatively, responding to the e-mail transmitted to you and asking to be unsubscribed. In any event the instructions for removing yourself from the mailing list are available in the e-mail transmitted to you.
Advertisements: We accept advertisements from third party ad networks. Please note that the Company makes no warranties or representations concerning such advertisements, whether or not the Company has control over such advertisements. It is clarified that we are not responsible for the content of said advertisements and the products delivered or services rendered thereby by third parties or for any damage which may be caused to you in connection with such advertisements, and you irrevocably and unconditionally agree that the Company shall not be held responsible or liable in connection thereof. The Company, ad networks, advertisers and/or third-parties related thereto may be entitled to certain shares of the earnings from such advertisements. You agree, acknowledge and consent that you will not be entitled to any compensation of any kind whatsoever with respect to such monetary amounts.
12. Links to Third Party Sites
14. Usage Rules
In the event that you are using the Apps on a mobile device, additional terms and conditions may apply to you: Since you may be downloading the App from a third party platform, service provider or distributor such as Facebook or Google (collectively "Platform Provider"), your use of the App may also be governed by terms and conditions which the Platform Provider may have established and which relate to your use of the App ("Usage Rules"). Certain Usage Rules are described below, but other Usage Rules may apply and it is your responsibility to determine what other Usages Rules are applicable to your use of the App. You undertake to comply with all the applicable Platform Provider's Usage Rules and the Usage Rules applicable to your use of the App are incorporated herein by reference. In the event of a conflict between the Terms of Service and the terms of any applicable Usage Rules, which relates solely to the Platform Provider's representations, warranties, restrictions on use of the Services, obligations, limitation of liability and/or other provisions that impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider's Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is expressly prohibited.
15. Changes to the Services and Updating the Apps
The Company reserves the right, at its sole discretion, to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Services (or any part thereof) prevent you from accessing the Services or temporarily or permanently limit, suspend or terminate your Account (including without limitation in the event that the user has not used his/her Account for 180 consecutive days), with or without notice, at any time.
In addition, you hereby acknowledge that the Content provided under the Services may be changed, extended in terms of content and form or removed at any time without any notice to you.
Note that you can lose your user name and password as a result of the Account termination or limitation, as well as any benefits Virtual Currency and Virtual Items associated with your use of the Services and Yalla.Media has no obligation to compensate you for such losses or results. You agree that Yalla.Media shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services and/or the Content included therein. You hereby agree that the Company is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
If Yalla.Media supplies any updates, upgrades and any new versions of the Apps ("Updates") according to its then current policies, it may include automatic updating or upgrading of the Apps with or without any additional notice to you, you consent thereto and the Terms of Service will govern any such Updates and all references herein to the Apps shall include such Updates. Yalla.Media may require that you accept Updates. You may need to update third party software from time to time in order to receive the Service. Yalla.Media has no obligation to provide any updates to the Apps.
16. Amendments to the Terms of Service
17. Disclaimer and Exclusion of Warranties
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SERVICES, THE CONTENT AND THIRD PARTY COMPONENTS ARE PROVIDED ON AN "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, AND Yalla.Media INCLUDING ITS VENDORS (INCLUDING THE APPLICABLE PLATFORM PROVIDERS), INCLUDING OUR AND THE APPLICABLE PLATFORMS' OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY "COVERED PARTIES") MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT (I) THAT USE AND OPERATION OF THE SERVICES IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, IMMUNE FROM UNAUTHORIZED ACCESS, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, SECURE, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SERVICES, (III) THE SERVICES WILL BE INTEROPERABLE OR COMPATIBLE WITH YOUR DEVICE, OTHER SOFTWARE, HARDWARE, OR ANY EQUIPMENT, AND WE ARE NOT RESPONSIBLE FOR ANY LOSSES SUFFERED RESULTING FROM INTEROPERABILITY OR COMPATIBILITY PROBLEMS, (IV) MAKE ANY REPRESENTATION REGARDING THE USE, ABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SERVICES AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE SERVICES (INCLUDING THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS).
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SERVICES, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION DISPLAYED WITHIN THE SERVICES. WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS. THE DOWNLOAD AND USE OF THE SERVICES, ANY PURCHASES (INCLUDING VIRTUAL ITEMS OR VIRTUAL CURRENCY) OR OTHER PURCHASE OF PRODUCTS OR SERVICES THROUGH OR IN CONNECTION WITH THE SERVICES OR AS A RESULT OF AN ADVERTISEMENT DISPLAYED THROUGH THE SERVICES IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE INCLUDING DAMAGE TO YOUR MOBILE DEVICE OR LOSSTHAT MAY RESULT THEREFROM. YOU AGREE THAT USE OF THE SERVICES AND/OR THE CONTENT IS ENTIRELY AT YOUR OWN RISK. IN AS MUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS WILL APPLY.
IN THE EVENT OF SYSTEMS OR COMMUNICATIONS ERRORS OR MALFUNCTIONS, BUGS OR VIRUSES RELATING TO ANY ELEMENTS OF THE SERVICES OR RESULTING IN LOSS OF DATA, VIRTULA ITEMS OR ANYTHING ANALAGOUS THERETO BY YOU OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT OR SOFTWARE, THE COMPANY SHALL IN NO WAY BE LIABLE TO YOU AND THE COMPANY SHALL VOID ALL GAMES IN QUESTION AND PAYMENTS (WHENEVER SUCH SYSTEMS OR COMMUNICATIONS ERRORS OR MALFUNCTIONS, BUGS OR VIRUSES ARE DISCOVERED) IN REALTION THERETO AND MAY TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS EXCEPT THAT THE COMPANY IS NOT REQUIRED TO PROVIDE ANY BACK UP NETWORK AND/OR SYSTEMS OR SIMILAR SERVICES.
18. Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL Yalla.Media OR THE COVERED PARTIES BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION) RESULTING FROM OR ARISING OUT OF THE SERVICES (INCLUDING ANY SERVICES MADE AVAILABLE THROUGH THE SERVICES), ANY USER GENERATED CONTENT, YOUR USE OR INABILITY TO USE THE SERVICES, OR FAILURE OF THE SERVICES TO PERFORM AS EXPECTED, OR FROM ANY CONTENT OR ANY OTHER ACT OR OMISSION OF Yalla.Media, REGARDLESS OF WHETHER Yalla.Media HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE AFOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, Yalla.Media, ITS VENDORS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO Yalla.Media FOR USE OF THE SERVICES OR $US1.00, WHICHEVER IS GREATER. THE LIMITATION OF LIABILITY PROVISIONS WHICH APPLY TO ANY RESPONSIBILITIES OF THE APPLICABLE PLATFORM PROVIDER ARE SET FORTH IN THEIR APPLICABLE USAGE RULES. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM THE COVERED PARTIES.
You agree to defend, indemnify and hold harmless the Company, its vendors, officers, directors, employees, affiliates, subsidiaries, licensors, agents and suppliers, from and against all claims, damages, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) immediately on demand arising from: (i) your use or misuse of the Services or by any other person accessing the Services using your account whether or not authorized by you; (ii) your violation of any of these Terms of Service; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party; (iv) breach of the Terms of Service. It is hereby clarified that this Section will survive the termination of your Account and these Terms of Service. Without derogating from the foregoing, you agree that we may, at our expense, assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
20. Misconduct Agent
We care for your safety. If you believe a user acted inappropriately including (but not limited to) offensive, violent or sexually inappropriate behavior, please report immediately such person to the appropriate authorities and to us. Yalla.Media's Misconduct Agent can be reached at: support@Yalla.Media.com. Yalla.Media has the sole discretion to restrict and/or terminate access to the Services to Users who are deemed to have acted inappropriately as specified above.
21. Termination of these Terms of Service and the Service Operation
These Terms of Service and your Account shall remain in effect until terminated as set forth herein.
We may terminate the Terms of Service and your Account immediately without notice if: (i) we believe that you have failed to comply or breached the Terms of Service or any Usage Rules; (ii) for any reason we decide to discontinue to provide the Services in general or specifically to you; (iii) if your use of the Services has been in any way improper or breaches the spirit of the Terms of Service; (iii) if your Account is associated in any way with any existing account that has been terminated for breach of the Terms of Service; or (iv) for any other reasonable grounds we see fit.
You may terminate these Terms of Service and your Account at any time by, uninstalling our Services and stopping your use of our Services and this will be you sole remedy in such circumstances.
Upon termination of these Terms of Service you shall discontinue the use of our Services and remove and permanently delete the Services from your device and pay all amounts due and owing to the Company.
Any provisions hereof which expressly or by their nature are required to survive termination or expiration of this Terms of Service in order to achieve their purpose shall so survive until it shall no longer be necessary for them to survive in order to achieve that purpose. Without derogating from the generality of the foregoing, Sections 3, 4, 5, 6, 8, 9, 10, 13, 14, 15, 16, 17, 18, 20, 21, 22, 23, and 23, will survive the termination of the Terms of Service.
In the event the Terms of Service are terminated for any reason whatsoever, you hereby expressly recognize and agree that you shall not be entitled to any refund or payment or anything analogous thereto in relation to the Virtual Currency and Virtual Items even if you have purchased such items.
You agree that Yalla.Media does not assume any responsibility with respect to, or in connection with the termination of the Services of the Terms of Services.
(a) These Terms of Service constitute the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company, (b) any claim relating to the Services or the use thereof will be governed by and interpreted in accordance with the laws of Gibraltar without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods will not be applied, (c) any dispute arising out of or related to the Services will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of Gibraltar. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, Yalla.Media may seek injunctive relief in any court of competent jurisdiction, (d) these Terms of Service do not, and shall not be construed to create any relationship, partnership, agency, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) unless expressly stated herein no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign, sublicense, pledge or transfer these Terms of Service (including all rights and obligations hereunder) without the Company’s prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms of Service without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by Yalla.Media, and (j) the parties agree that all correspondence relating to these Terms of Service and the Services shall be in the English language; if the context so requires, references to the singular shall include the plural and vice versa (k) and (l) unless otherwise expressly stated, nothing in the Terms of Service shall create or confer any rights or any other benefits to third parties.
23. Platform Provider Additional Terms
The following additional terms are required by applicable Platform Providers:
The following applies to you if you downloaded the App from the Apple App Store ("iTunes"): You acknowledge and agree that (i) the license granted herein for the applicable App is limited to a non-transferable license to use the applicable App on an iphone or ipod touch iOS product on that you own or control and as permitted by the Usage Rules set forth in the “App Store Terms of Service”, (ii) these Terms of Service are solely between you and Yalla.Media, not Apple and Apple has no responsibility for the applicable App, the Services or the Content (iii) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the applicable App, we will provide maintenance and to the extent and scope set out under the Terms of Service or as required by applicable law, (iv). in the event of any failure of the applicable App to conform to any applicable warranty, you may notify Apple, and Apple will refund you the purchase price you paid, if any, for the App. to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Service and any law applicable to Yalla.Media as provider of the App; (iv) you will not refer to Apple any claim that you or any third party may have in relation to the App or the Services, including, but not limited to: (a) product liability claims; (b) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation, (v) Apple shall not be responsible nor shall you refer to Apple any claim of any third party that the Appor your possession and use thereof infringes that third party's intellectual property rights, Yalla.Media, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim (vi) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, (vii) you are not listed on any U.S. Government list of prohibited or restricted parties, (vii) that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Service, and that, upon your acceptance of the terms and conditions in these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary thereof.
24. Information, Support or Questions:
Yalla.Media will make reasonable efforts to provide you with technical and product support for the Services. For information, claims, support or questions, please contact us at: support@Yalla.Media