Terms of Service

Who can use the Services

Follow the age restrictions shown by your app store and applicable local law. If you’re under 18, or under the age of majority where you live, please read these Terms with a parent or guardian, who must agree to them on your behalf. Parents and guardians are responsible for how their children use the Services, including any purchases.

You may not use the Services if the law where you live doesn’t allow it.

Your license to play

We give you a personal, limited, non-exclusive, non-transferable and revocable license to download and play the Games on devices you own or control, for your own non-commercial entertainment. We keep all rights we don’t expressly give you.

We update our Games regularly, and some are still in development. We may add, change or remove features, content or Games, or stop offering them, at any time.

Virtual items and purchases

• Our Games may offer virtual items and in-game currency (“Virtual Items”), which you can earn by playing or buy with real money. You receive a limited license to use Virtual Items in the Game. You don’t own them.
• Virtual Items have no real-world value. They can’t be exchanged for money or anything else of value, or be sold, traded or transferred outside the Game.
• Purchases are made through the Apple App Store or Google Play and are subject to their terms. Refunds are handled by Apple or Google under their policies; our Refund Policy explains how to ask and what to do if a purchase doesn’t arrive. Except where the law requires otherwise, all purchases are final.
• Depending on where you live, consumer law may give you a right to cancel a digital purchase, which can end once delivery begins with your consent. Apple or Google explains at checkout how this applies. Nothing in these Terms limits rights you have by law.
• Press Jam uses a local save and may synchronize progress through an automatically created game identity. Online services and cloud recovery are subject to availability. Deleting local data, resetting your device or losing access to that identity may prevent recovery of progress or Virtual Items.
• We may manage, adjust or remove Virtual Items as the law allows, for example to fix bugs or balance gameplay. If we stop offering a Game, we’ll try to give you reasonable notice.

Parents can require approval for purchases in their device settings, for example with Apple’s Ask to Buy or Google Family Link.

Advertising

Our Games include ads, some of them from third parties. We aren’t responsible for third-party ads or for the products, services or websites they promote. Our Privacy Policy explains how ads and related data processing work in our Games. Accepting these Terms is separate from any optional analytics or advertising permission.

Rules of play

To keep the Games fair and fun, you agree not to:

• cheat, or use bots, hacks, mods or any other unauthorized software;
• exploit bugs or errors (please report them to us instead);
• use a player name that is abusive, impersonates someone or reveals another person’s private information;
• copy, modify, reverse engineer, decompile or create derivative works of the Services, except where the law expressly allows it;
• interfere with or get around ads, purchases or security features;
• use the Services for any commercial purpose, or sell, rent or sublicense them; or
• use the Services unlawfully, or in any way that harms Mova, other players or anyone else.

Our content

The Services and everything in them, including the Games, artwork, characters, music, software and the Mova and Press Jam names and logos, are owned by Mova or its licensors and protected by intellectual property laws. These Terms don’t give you any right to use our trademarks.

If you send us ideas or feedback, you allow us to use them freely, with no obligation to you.

Country flags on parts of the Site use Twemoji graphics by Twitter, Inc. and other contributors, licensed under CC BY 4.0, from Mozilla’s Twemoji font as subset by TalkJS’s country-flag-emoji-polyfill.

Apple, Google and other third parties

The Services rely on third-party platforms and services, such as the App Store, Google Play and our advertising partners, which have their own terms and policies. We aren’t responsible for them.

Additional terms for the Apple App Store

If you downloaded a Game from the Apple App Store:

• These Terms are between you and Mova only, not Apple. Mova, not Apple, is solely responsible for the Game and its content.
• Your license is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in the App Store Terms of Service.
• Apple has no obligation to provide any maintenance or support for the Game.
• If the Game fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation for the Game.
• Mova, not Apple, is responsible for addressing any claims relating to the Game, including product liability claims, claims that the Game fails to meet any legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
• If a third party claims that the Game infringes its intellectual property rights, Mova, not Apple, is responsible for investigating, defending, settling and discharging the claim.
• You confirm that you’re not located in a country subject to a US government embargo or designated by the US government as a “terrorist supporting” country, and that you’re not on any US government list of prohibited or restricted parties.
• You must comply with any applicable third-party terms, such as your mobile data agreement.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Disclaimers

We work hard to make great games, but the Services are provided “as is” and “as available.” To the fullest extent permitted by law, Mova disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We don’t promise that the Services will be uninterrupted, error-free or free of harmful components, or that any content or progress will be preserved.

Limitation of liability

To the fullest extent permitted by law, Mova won’t be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, progress, Virtual Items, profits or goodwill, arising out of or relating to the Services or these Terms. Mova’s total liability for any claim relating to the Services or these Terms is limited to the greater of the amount you paid us in the 12 months before the claim arose, or US$50.

Some places don’t allow these limitations, so they may not apply to you. Nothing in these Terms limits liability that can’t be limited by law, such as liability for fraud, or for death or personal injury caused by negligence.

Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless Mova and its officers, directors, employees and agents against any claims, losses and expenses, including reasonable attorneys’ fees, arising from your breach of these Terms or your misuse of the Services.

Ending these Terms

You can stop using the Services at any time by deleting the Games. We may suspend or end your access if you break these Terms, or if we stop offering the Services. To request deletion of your game identity and associated server records, use our data deletion page; uninstalling alone does not send that request. Any part of these Terms that by its nature should continue, including the sections on Virtual Items, our content, disclaimers, limitation of liability, indemnity and governing law, continues after these Terms end.

Governing law and disputes

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods doesn’t apply.

If you have a concern, please contact us first, because most issues can be resolved quickly. Any dispute that can’t be resolved informally must be brought exclusively in the state or federal courts located in the State of Delaware, and you and Mova consent to their personal jurisdiction.

If you’re a consumer in the EEA, the UK or Switzerland, you also benefit from the mandatory protections of the law of the country where you live, and you may bring proceedings in your local courts.

Changes to these Terms

We may update these Terms from time to time. We’ll change the “Last updated” date above and, for significant changes, let you know through the Site or the Games before they take effect. If you keep using the Services after the changes take effect, you accept the updated Terms.

General

These Terms, our Privacy Policy and the policies they link to, including our Refund Policy and Cookie Policy, are the entire agreement between you and Mova about the Services. If any part of these Terms is found unenforceable, the rest stays in effect. If we don’t enforce a provision, that doesn’t mean we waive it. You may not transfer these Terms to anyone else. We may transfer them as part of a merger, acquisition or sale of assets. Apart from Apple, as described above, no one else has rights under these Terms.

Contact us

If you have questions about these Terms, email [email protected]. The Services are provided by Mova Games, Inc., a Delaware corporation.