Terms of Use

Mobile Mesh Games, LLC (“Mobile Mesh” or “we” or “us”) owns, operates and provides the sites, software, applications, content, products and services (collectively, the “Services”), which may be branded as Mobile Mesh, Arcade Challenge or another brand owned or licensed by Mobile Mesh.

Please read these terms of use (THE “Terms”) carefully before using or accessing the Services. By using or accessing the Services, you accept and agree to the Terms and consent to the collection, use, disclosure, and other handling of information as described in our Privacy Policy. IF YOU DO NOT ACCEPT THE TERMS AND PRIVACY POLICY, YOU MAY NOT use or ACCESS THE SERVICEs.

1. Eligibility

The Services are intended for people who are at least 13 years old. Persons under the age of 13 are prohibited from creating Services accounts.

We may, however, offer certain of the Services with limited functionality for children under age 13 (the “Kid Services”). Kid Services may include mobile applications. For more information regarding our privacy practices with respect to Kid Services, please see our Privacy Policy.

This mobile application entitled Flip the Chip Jr is one of the Kid Services.

By using or accessing the Services, you represent and warrant that you are eligible to do so in accordance with the Terms.

2. Account Registration

You must register in order to use and access certain features and functionality of the Services.

You may register by following the registration instructions provided in the Services. During the registration process, you will provide your e-mail address and you will select a username and password for your Services account. You are responsible for maintaining the security and confidentiality of your account username and password for purposes of your use of the Services and for maintaining your access to the Internet for purposes of your access to the Services.

The authorized account holder (i.e., the natural person) of the email address used to register the account, is the registrant.

3. Digital Content and Virtual Items

We may make applications, software or other digital content available on the Services for you to license for a fee.  When purchasing a license to access such material from the Services, charges will be disclosed to you on the Services before you complete the license purchase.

Your purchase of a virtual item or in-app currency is a payment for a limited, non-assignable license to access and use such content in the Services. Virtual items or in-app currency purchased or available to you in the Services can only be used in connection with the Services where you obtained them or where they were developed by you as a result of game play. These items are not redeemable or subject to refund and cannot be traded for money or other items of value. We may modify or discontinue virtual items or in-app currency at any time.

When you purchase a license to access digital content or virtual items, you will be given an opportunity to consent to delivery at the time of purchase. By consenting to delivery, you acknowledge that you have lost the right to cancel such purchase and the license purchase fee is non-refundable.

We will only accept payment via credit card or other electronic payment service. We or our third party payment processing partner will bill the credit card you provide. All currency references are in U.S. dollars. Your payments are non-refundable. If the credit card information you provide is invalid for any reason, or if you charge back your credit card for fees due under the Terms, we may suspend or terminate your access to the Services.

4. Prohibited Conduct

You shall not access or use the Services for any purpose that is unlawful or prohibited by the Terms, or for any other purpose not reasonably intended by us. The Services are for your personal, noncommercial use and are intended for informational and entertainment purposes only. By way of example, and not limitation, you shall not directly or indirectly through or with one or more other persons:

  • access or use the Services for any unauthorized purpose, or in violation of any applicable law;
  • post or transmit any content that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic, or violates any law or right of us or any third party;
  • abuse, harass, impersonate, intimidate, or threaten any user;
  • post or transmit any content that links to marketing schemes or off-topic content, or otherwise use any information obtained from the Services to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
  • post or transmit any content that contains software viruses or any other computer code, file, or program designed to interrupt, destroy, or limit the features or functionality of any software, hardware, or telecommunications equipment;
  • use any robot, spider, scraper, or other automated means to access or use the Services for any purpose without our express written permission, or otherwise take any action that may impose an unreasonable or disproportionately large load on our infrastructure;
  • bypass any measures we may use to prevent or restrict access to or use of the Services or otherwise interfere or tamper with our administration or the proper working of the Services;
  • falsify information you disclose to us;
  • reverse engineer, disassemble, or decompile any part of the Services;
  • transfer your account to a third party, allow others to use your personal information or account to use or access the Services, or use or access the Services for the benefit of others; or
  • take any action that is improper, unfair, or otherwise adverse to the operation of the Services or detrimental to other users.

5. Technical Issues

We are not responsible for any unavailability or interruptions of the Services due to any of the following:

  • periods of time during which we conduct standard maintenance;
  • any user’s violation of the Terms;
  • any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, registrations or transactions;
  • technical malfunction of any communication network, hardware or software, or any malfunction caused by a virus, bug, unauthorized intervention, or fraud; or
  • any other act or event , whether foreseen or unforeseen, that prevents us from making the Services available or uninterrupted.

6. User Content

You understand that content (including any text, graphic, audio, video, or other content) made available or transmitted via the Services by a user (“User Content”), whether privately transmitted or made publicly available, is the sole responsibility of the user who generated such User Content. You, not us, are responsible for all User Content that you transmit via or make available on the Services. In no event will we be liable in any way for User Content.

With respect to User Content you make available or transmit via the Services, you grant us an irrevocable, fully sub-licensable, perpetual, worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display such User Content (in whole or in part), and to incorporate such User Content into other works, in any format or medium now known or later developed.

We reserve the right, but have no obligation, to pre-screen, refuse, delete, undelete, or modify any User Content, except as otherwise described in the Privacy Policy.

You are solely responsible for your interactions with other users of the Services. We reserve the right, but have no obligation, to monitor disputes between you and other users.

7. Copyright Infringement

If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide us a written notice containing the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Services;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

You can notify us as detailed in Section 20.

8. Feedback

Your suggestions, comments or other feedback (collectively, “Feedback”) to us with respect to our offerings and services, including the Services, are welcomed by us. Feedback is voluntary and we are not required to hold it in confidence. We may use Feedback for any purpose. You hereby grant us an irrevocable, non-exclusive, perpetual, royalty-free license to use, display, copy, distribute, modify, make derivative works of, sell, and import the Feedback in connection with our business, including enhancement of the Services.

9. Limited License; Reservation of Rights

All title, ownership and intellectual property rights in and to the Services are owned by us or our licensors. You acknowledge and agree that the Services contain proprietary information that is protected by applicable intellectual property and other laws. You shall not, directly or indirectly through or with one or more other persons, copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Services, in whole or in part. You may own the physical media on which elements of the Services are delivered to you, but we retain full and complete ownership of the Services.

If a Service is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant you, subject to the Terms, a limited, non-exclusive, non-sublicenseable, non-transferable license to access and use such software, content, virtual item or other material solely for your personal, non-commercial use.

You shall not circumvent or disable any content protection system or digital rights management technology used with any Service; decompile, reverse engineer, disassemble or otherwise reduce any Service to a human-readable form; remove identification, copyright or other proprietary notices; or, access or use any Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands.

You represent and warrant that 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 and that you are not listed on any U.S. government list of prohibited or restricted parties.

By acquiring third party services, content or software (“Third Party Services”) through the Services, you represent and warrant that your access to and use of Third Party Services will comply with such third party’s requirements.

10. Mobile Networks

When you access the Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Services may be prohibited or restricted by your network provider and not all Services may work with your network provider or device.

11. Termination, Cancellation, and Suspension

If we determine, in our sole discretion, that you violated the Terms, we may suspend or cancel your account or terminate your access to the Services. Nothing in the Terms prevents us from pursuing other remedies in connection with your violation of the Terms.

We may also suspend or terminate the Services or a user’s account, in whole or in part, in order to prevent damages to the Services or to comply with any law, court order, or other governmental request.

12. Gambling Prohibited

The Services are strictly for entertainment purposes. You shall not, directly or indirectly through or with one or more other persons, use the Services for any form of gambling.

13. Release and Indemnity

By accessing or using the Services, or by receiving a prize, you release and agree to indemnify and hold harmless us, our vendors and licensors, and each of our and their respective affiliates, subsidiaries, and all of our and their officers, directors, employees and agents from any liability, injury, death, loss, or damages to you or any other person or entity, including without limitation damage to personal or real property, caused in whole or in part, directly or indirectly, by access to or use of the Services, or acceptance, possession or use of a prize.

14.  DISCLAIMER OF WARRANTIES

TO THE EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS-AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR VENDORS AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR ACTIVITIES OR ACCESS TO OR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY ACCESSING OR USING THE SERVICES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES, OR RECEIVE OR USE A PRIZE. THE SERVICES MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT WE AND OUR VENDORS AND LICENSORS DO NOT OPERATE OR CONTROL THE INTERNET AND THAT (A) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (B) UNAUTHORIZED THIRD PARTIES (e.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR ACCOUNT, USER CONTENT, HARDWARE, OR NETWORKS. WE WILL NOT BE LIABLE FOR ANY SUCH ACTIVITIES. The Services may include gateways, links, or other functionality that allows you to access third party services (“Third Party Services”) and third party content and materials (“Third Party Materials”). We do not supply and are not responsible for any Third Party Services or Third Party Materials, which may be subject to their own licenses, end-user agreements, privacy and security policies, and terms of use. ALL THIRD PARTY MATERIALS ARE PROVIDED AS-IS, WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO ANY PRESENT OR FUTURE METHODOLOGY EMPLOYED IN OUR GATHERING OR REPRODUCING OF ANY THIRD PARTY MATERIAL, OR AS TO THE ACCURACY, CURRENCY, OR COMPREHENSIVENESS OF THE SAME.

15. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR VENDORS, OUR LICENSORS, OR SUPPLIERS HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGES, OR INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS DAMAGES, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THE TERMS, THE SERVICES OR ANY CONTEST OR PRIZE. THE TOTAL LIABILITY OF US AND OUR VENDORS, LICENSORS AND SUPPLIERS TO YOU OR ANY THIRD PARTY ARISING OUT OF THE TERMS, THE SERVICES, OR ANY CONTEST OR PRIZE, REGARDLESS OF WHETHER UNDER A CONTRACT, TORT, OR OTHER THEORY OF LIABILITY, FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES WILL NOT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO US FOR USE OF THE SERVICE DURING THE TERM OF YOUR REGISTRATION.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

16. Governing Law; Jurisdiction

The Services are hosted in the United States. If you are user accessing the Services from outside the United States or any other region with laws or regulations governing personal data collection, use and disclosure that differ from the United States laws, please be advised that through your continued use of the Services, which are governed by U.S. law, you are transferring personal information to the United States and you consent to that transfer.

The laws of the State of Wisconsin and applicable United States law govern all matters arising out of or relating to the Terms and the Services, including, without limitation, interpretation, construction, performance, and enforcement, without giving effect to such state’s conflicts of law principles or rules of construction concerning the drafter hereof. You hereby irrevocably and unconditionally submit to the jurisdiction of the federal and state courts located in Dane County, Wisconsin for the purpose of any suit, action, or other proceeding arising out of or based upon the Terms, your access to or your use of the Services, which courts are the exclusive forum for any such suit, action, or other proceeding.

17. Severability

If any provision of the Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of the Terms will not be affected or impaired.

18. Entire Agreement

The Terms and the Privacy Policy constitute the entire agreement between you and us with respect to the Services and supersede any prior agreements, oral or written, between you and us.

19. Statute of Limitations

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your access to or use of the Services, or the Terms that you file against us must be filed within one (1) year after such claim or cause of action arose or be forever barred.

20. How to Contact Us

You can contact us via email or at the following address:

Mobile Mesh Games, LLC

722 Ash Court

Verona, WI 53593

Please include your name, address, and any other information necessary to respond to you.

21. Additional Terms for Apple Users

This section applies to you if you use the Services on or access the Services from an Apple, Inc. (“Apple”) device.

The Terms are concluded between you and Mobile Mesh, and not with Apple. Mobile Mesh and its licensors, not Apple, are solely responsible for the Services.

You agree that Apple has no obligation whatsoever to furnish any maintenance and support services regarding any of the Services.

Apple is not be responsible for any claims by you or any third party relating to your access to or use of the Services, including but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection laws or similar legislation; and (iv) claims by any third party that the Services or your use of or access to the Services infringes on the intellectual property rights of the third party.

You agree that Apple and Apple’s subsidiaries are third party beneficiaries of the Terms and that upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.

To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the Services.

22. Changes to the Terms

We reserve the right at our discretion to change the Terms at any time. We will post the most current version of the Terms to our website.

If we make a material change to the Terms, we will notify you either by posting a notice on our website or by contacting you through the email address associated with your account.

Changes will take effect as described in the notice. If you use the Services after the change takes effect, you accept the Terms as modified.

Last Updated: 7/1/2015