Términos del Servicio
1. Governing Agreement
Last updated: august 2013
The terms of this agreement ("Terms of Service") govern the relationship between you and Wamblu (hereinafter "Wamblu" or "We" or "Us") regarding your use of Wamblu’s social games and related services, which includes Wamblu websites (the "Service"). In this agreement, "Wamblu" means Mobile Marketing System SL. located at Arcadi Garcia Sanz Avenue, 19th, Vila-real (Castellón), Spain.
Welcome to Wamblu and our social game application, which may be accessed by you for play through your social networking services account subject to the following Terms of Service. Please read them carefully. Your use of Wamblu’s Games and social networking applications ("Wamblu Services") constitutes your acceptance of these Terms of Service. Wamblu may modify these Terms of Service from time to time in its sole discretion. If the changes we make to our Terms of Service are significant, we will notify you on our website that our Terms of Service have been revised.
You understand that on certain Wamblu websites your user ID number, name and profile picture will be publicly available and that search engines may index your name and profile photo.
Unless otherwise specified, the Wamblu Services, virtual currency, virtual items, all content, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software contained on the Wamblu Services (collectively the "Materials") are the property of Wamblu, or their suppliers, and are protected by Spain and international copyright, trademark and other relevant intellectual property and proprietary rights laws.
The Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Wamblu game client, and the Wamblu game clients and server software) are copyrighted works owned by Wamblu. Wamblu reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
You may access and use the Wamblu Services and the Materials only for your personal and non-commercial use and, if applicable, in accordance with the terms of the end user license agreement, which accompanies or is included with the Wamblu Services and which is incorporated into these Terms of Service by reference.
Except as expressly authorized by Wamblu in writing, or to the extent expressly permitted by law, you may not modify, download, reproduce, copy, sell, post, transmit, create derivative works from, publicly perform, publicly display, distribute or otherwise use the Wamblu Services or the Materials for any other purpose.
You may not link to or frame the Wamblu Services or the Materials or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Wamblu without obtaining Wamblu's express written consent, as the case may require.
You may not use any meta tags or any other "hidden text" utilizing Wamblu's name or trademarks without the express written consent of Wamblu. Any unauthorized use terminates the permission or license granted by Wamblu.
Wamblu owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or the Wamblu games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any Wamblu Service, whether earned in a game or purchased from Wamblu, or any other attributes associated with an Account or stored on the Service.
Wamblu prohibits and does not recognize any purported transfers of virtual property effectuated outside of the Service, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Service, unless otherwise expressly authorized by Wamblu in writing. Accordingly, you may not trade, sell or attempt to sell in-game items or currency for "real" money, or exchange those items or currency for value of any kind outside of a game, without Wamblu’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.
You agree that you will not, under any circumstances:
- Engage in any act that Wamblu deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms, our game rules, game mechanics or policies;
- Make improper use of Wamblu’s support services, including by submitting false abuse reports; or
- Use the Service in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
- Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Wamblu Game or any Wamblu game experience;
- Use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third-party software designed to modify or interfere with the Service, any Wamblu game or any Wamblu game experience;
- Without Wamblu’s express written consent, modify or cause to be modified any files that are a part of the Service or any Wamblu game;
- Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Service or any Wamblu game environment (each a "Server"); or the enjoyment of the Service or any Wamblu game by any other person;
- Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service; or
- Attempt to gain unauthorized access to the Service, 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 Wamblu, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;
- Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
- Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
- Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Wamblu employees, including Wamblu’s customer service representatives; or
- Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Wamblu employee;
- Without Wamblu’s express written consent, use the Service, any Wamblu game, or any part thereof for any commercial purpose, including but not limited to, (1) permitting, authorizing, or offering use of the Service, any Wamblu game, or any part thereof at a cyber café, computer gaming center or any other commercial establishment provided however that, for clarity, providing the means for users to access the Internet is not prohibited by the forgoing, (2) communicating or facilitating any commercial advertisement or solicitation, or (3) gathering in-game currency, items or resources for sale;
- Use the Service, any Wamblu game, or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Service;
- Transmit unauthorized communications through the Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items; or
- Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service or any Wamblu game in any way not expressly permitted by these Terms of Service;
- Use any unauthorized third-party software that accesses, intercepts, "mines", or otherwise collects information from or through the Service or that is in transit from or to the Service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service or any Wamblu game to store information about Wamblu game characters, elements, or environment. Wamblu may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
- Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Service, whether through the use of a network analyzer, packet sniffer or other device;
- Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- Bypass any robot exclusion headers or other measures we take to restrict access to the service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;
- Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service, or (2) any connection using programs, tools, or software not expressly approved by Wamblu;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Wamblu game, or to obtain any information from the Service or any Wamblu game using any method not expressly permitted by Wamblu; or
- Copy, modify or distribute rights or content from any Wamblu site or game, or Wamblu’s copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Service;
- Solicit or attempt to solicit personal information from other users of the Service or any Wamblu game; or
- Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
- upload or transmit (or attempt to upload or to transmit), without Wamblu’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms").
This grant of limited license is conditioned upon your agreement to and compliance with all of the provisions of these Terms of Service.
4. Virtual Currency
During a Wamblu Service session, you may accumulate the Wamblu Service's virtual currency or virtual items. Virtual currency or virtual items are specific for use in the Wamblu Service for which they are purchased and they are not transferable between or among different Wamblu Services.
Virtual items and virtual currency may be made available for purchase and/or they may be earned by you during game play, as determined in Wamblu's sole discretion.
If made available for purchase, virtual items and virtual currency may be purchased from Wamblu or through a third party service or by redemption of Social Network Credits (as described below) such as Facebook Credits.
If you are under the age of 18, you may purchase virtual items and virtual currency from Wamblu only with the involvement of a parent or guardian. You should review these Terms of Service with a parent or guardian to make sure that you both understand them.
All purchases of virtual items and virtual currency are final and non-refundable.
WAMBLU RESERVES THE RIGHT TO DETERMINE IN ITS SOLE DISCRETION THE PAYMENT METHODS WHICH MAY BE USED BY YOU TO PURCHASE VIRTUAL ITEMS AND VIRTUAL CURRENCY, AND HOW, WHEN AND FOR WHAT PRODUCTS OR SERVICES VIRTUAL ITEMS AND VIRTUAL CURRENCY MAY BE REDEEMED. IN ADDITION, WAMBLU MAY MODIFY, ELIMINATE OR DISCONTINUE VIRTUAL ITEMS, VIRTUAL CURRENCY OR OTHER WAMBLU SERVICE SPECIAL FEATURES ENTIRELY AS IT SEES FIT.
If Wamblu elects to make virtual items and/or virtual currency available for purchase through a third party service or by using credits offered by an applicable social networking site ("Social Network Credits”), that purchase is subject to the terms and conditions of the applicable third party service or social networking site. It is your responsibility to read and accept those terms. Wamblu shall not be responsible or liable for your interactions with the third party service or any purchase from such third party.
Wamblu will establish a redemption rate for Social Network Credits which will be posted on the relevant Wamblu Service. This redemption rate may change from time to time, as determined by Wamblu in its sole discretion. Wamblu may stop accepting Social Network Credits as a payment method for virtual currency and/or virtual items at anytime.
Virtual currency and/or virtual items may be redeemed for special in-game features, such as extra play time, power-ups, boosts, and the like. You can activate these special in-game features while playing the Wamblu Services. These special in-game features may only be used within the applicable Wamblu Service.
Virtual currency and virtual items are made available under a limited license for your personal use within the Wamblu Services. You understand that you have no right or title to or interest in any virtual currency or virtual items earned or purchased by you or the special in-game features for which virtual currency or virtual items are redeemed.
Virtual currency, virtual items and special in-game features are not transferable or redeemable for any sum of money or monetary value from Wamblu or any third party and you agree not to sell or exchange virtual currency, virtual items or any special in-game features. Wamblu will not recognize any sale or transfer of virtual currency, virtual items or special in-game features and it will be deemed void.
If you reside in the European Union and you purchase a product or service from Wamblu, you have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the "Cancellation"). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cancellation Period. Accordingly, please note that if you purchase Virtual Items from us, your right of withdrawal is lost as the performance of our services begins immediately once your purchase is completed.
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Wamblu may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT WAMBLU IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
5. Suspension and termination of account and service
You agree that Wamblu, in its sole discretion and for any or no reason, may terminate, modify, delete or suspend your access to the Wamblu Services, or any part thereof, with or without notice to you. In the event of termination of your access by reason of such an event, all virtual currency, virtual items and any unused special in-game features or other aspects of your account will be forfeited.
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF WAMBLU. WAMBLU RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
WITHOUT LIMITING ANY OTHER REMEDIES, WAMBLU MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO WAMBLU SERVICES OR PORTIONS THEREOF IF YOU ARE, OR WAMBLU SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND WAMBLU IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
Wamblu reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Wamblu shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services.
Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
6. User content and submissions
WAMBLU IS NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.
Wamblu assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct.
We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.
By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.
If at any time Wamblu chooses, in its sole discretion, to monitor the Service, Wamblu nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Wamblu games. Wamblu reserves the right, but has no obligation, to become involved in any way with these disputes.
To avoid future misunderstandings about any of your creative ideas, suggestions or proposals for the Wamblu Services,Wamblu requests that you please do not submit unsolicited submissions through or on the Wamblu Services or otherwise to Wamblu.
If you do make such an unsolicited Submission , despite our request that you not do so, you acknowledge that (i) such Submission is not being made in confidence or trust, (ii) you have no expectation of compensation or consideration of any kind, and (iii) you grant, or warrant that the owner of any such Submission has expressly granted, to Wamblu a worldwide, royalty-free, non-exclusive, perpetual, right and license to use, reproduce, modify, translate, publish, distribute, perform, prepare derivative works of and otherwise fully exploit such unsolicited Submission without any liability whatsoever.
You further represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) your Submissions are not false or misleading and do not and will not infringe any right of any third party.
7. Third party and other sites
Other websites, including but not limited to, any social networking site through which you accessed the Wamblu Services, or any third party content which frames or is linked from the Wamblu Services, are not under Wamblu's control and Wamblu does not assume any responsibility or liability for any communications or materials available at such third party linked sites. The links are provided for convenience only and Wamblu does not endorse the content, information or other materials made available via the linked websites. You are solely responsible and liable for any interactions you may have with any linked websites, their sponsors and other third parties, including but not limited to, the delivery or and payment for goods and services, and any other terms, conditions, warranties or representations associated with such interactions. Wamblu shall not be responsible or liable for any part of any such interactions.
Wamblu may provide links on the Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving optional Services and/or upgrades (such as in-game currency). Any charges or obligations you incur in your dealings with these third parties are your responsibility. Wamblu makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked from our Service, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Wamblu and may collect data or solicit personal information from you. Wamblu is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement of Wamblu of these linked sites.
The Wamblu logo and all other trademarks are owned by Wamblu or its licensors and may be registered in some countries. Other company and product names appearing on this website may be trademarks of their respective owners and are used for the benefit of those owners.
9.1. Disclaimers of warranty
THE WAMBLU SERVICES AND THE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WAMBLU MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WAMBLU SERVICES OR MATERIALS INCLUDED ON OR DOWNLOADED FROM THE WAMBLU SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF WAMBLU SERVICES AND THE MATERIALS ARE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH INFORMATION, CONTENT, MATERIAL OR PRODUCTS.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WAMBLU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. WAMBLU DOES NOT WARRANT THAT THE WAMBLU SERVICES, THE MATERIALS, WAMBLU'S SERVERS, OR E-MAIL SENT FROM WAMBLU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9.2. Limitations, waivers of liability
WAMBLU WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WAMBLU SERVICES OR THE MATERIALS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WAMBLU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you are an individual consumer, the preceding provision in limitation of liability may not apply to you. Instead, Wamblu will be liable to you only for the direct and actual damages to you and not be liable for any indirect, incidental, punitive and consequential damages, even if Wamblu has been advised of the possibility of such damages.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE WAMBLU PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE WAMBLU PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Wamblu shall not be liable for any delay or failure to perform resulting from Force Majeure: fire, explosion, earthquake, storm, flood or other weather, unavailability of necessary utilities or raw materials, war, insurrection, riot, act of God or the public enemy, law, act, order, proclamation, decree, regulation, ordinance, or instructions of any government or public authorities, or any other event outside of Wamblu's reasonable control.
You agree to indemnify and hold harmless Wamblu, its affiliates, subsidiaries, service providers, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of or related to your violation of these Terms of Service, misuse of the Wamblu Services, or your violation of applicable law, rule, regulation or third party right.
You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.
10. Dispute resolution and applicable laws
This Agreement and any dispute arising out of or related to it or the Service shall be governed in all respects by the laws of Spain and shall be considered to have been made and accepted in Spain, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Wamblu must be resolved exclusively by the Courts of Castellon in Spain. You agree to submit to the personal jurisdiction of the courts in Spain for the purpose of litigating all such claims or disputes.
No delay or failure to take action under these Terms of Service shall constitute any waiver by Wamblu of any provision of these Terms of Service. If any provision of these Terms of Service shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. These Terms of Service are personal to you and may not be transferred, assigned or delegated to any third party.