Yalla Games, Inc. (“we”, “our” or “us”) operates the app, game and website under the title “Yalla Tarneeb” (collectively, the “Game”) and provide certain other features, content, contests, or applications offered from time to time (collectively, the “Services”).
In order to participate in certain Services, you may be notified that you are required to agree to additional terms and conditions and such additional terms are hereby incorporated into this Agreement by this reference.
We may modify this Agreement from time to time and such modification shall be effective upon posting on the Game. You will be deemed to have agreed to any such modifications by your further use of the Game or Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not agree with the modifications, please leave the Game and discontinue use of the Services immediately.
I. YOUR ACCOUNT / PASSWORD SECURITY / SUSPENSION, TERMINATION
You may never use another’s Account without permission or permit another to use your Account. You may not create more than one Account. You are prohibited from registering a new Account if you have previously had an Account terminated.
You are responsible for (i) keeping confidential any password that you created to use any aspect of the Game requiring registration and (ii) restricting access to your computer. You agree to accept full responsibility for all activities that occur within your Account. You must notify us immediately of any breach of security or unauthorized use of any of your Account.
Although we will not be liable for your losses caused by any unauthorized use of your Account, whether with or without your knowledge, you may be liable for our losses or the losses of our third-party content providers, merchants, advertisers, sponsors, service providers and licensors (collectively, “Yalla Providers”) due to such unauthorized use.
Without limiting anything in this Agreement, we reserve the right, in our sole discretion, to restrict, suspend, or terminate your Account and/or your access to all or any part of the Game or Services at any time, for any or no reason, with or without prior notice, and without liability, including in the event we stop offering the Services. We expressly reserve the right to restrict, suspend and/or terminate your access to any part of the Game or Services if we determine, in our sole discretion, that you have violated any of the terms of this Agreement.
II. SKILL-BASED GAMING
A. Tournament/Game Play
Rules, instructions and other game-specific relevant information for each tournament or individual game (“tournament/game”) are available through the relevant pages and menus on the Game. The rules will determine the results and winners of each tournament/game offered on the Game. By registering and/or participating in any tournament/game, you agree to be bound by the applicable game rules and by the all outcome determinations made.
Winners will be notified through the contact information they provide and may be required to complete an affidavit of eligibility, publicity/liability release (except where prohibited by law) and/or parental/legal guardian authorization in order to claim a prize. Lists of winners may be posted through the Game following each tournament/game or as soon thereafter as eligibility of all winners is confirmed, and will also be available by mail by contacting us at the address below by no later than two weeks after the end of a given tournament/game.
Prizes are not transferable. No substitution of Prizes for cash or other goods and services is permitted, except that we reserve the right to provide a substitute Prize of approximately equal value.
To participate in the Services, you must be a natural person, at least 13 years old (Please note, however that participants under the age of majority in their jurisdiction of residence must present written permission of a parent or legal guardian in the form we provide in order to claim any prize won in a tournament/game, contest or sweepstakes).
With respect to users within the United States, due to restrictions in some states’ laws, skill based tournament/game participants who reside in or access the Game from certain states are not eligible to claim prizes. These states are: Maryland, North Dakota and Vermont.
All other users must be physically located and have an address in a legal jurisdiction in which participation in the tournament/games offered on the Service is unrestricted by law. It is solely your responsibility to determine whether or not your participation in the Game is prohibited by the laws of your jurisdiction and you agree to indemnify and hold us harmless from any claims, losses or damages we may incur due to your failure to abide by your country’s laws.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
III. PURCHASES / PAYMENTS / VIRTUAL ITEMS
The Game may allow you to “earn” or “purchase” (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the Services; or (b) virtual in-game items (together with virtual currency, “Virtual Items”). Virtual Items have no real world value and cannot be redeemed for actual currency, goods or other items of monetary value, including in the event that you have unused Virtual Items remaining in your account at the time your account is closed, whether such closure was voluntary or not. All sales of Virtual Items are final. No refunds will be given, except in our sole and absolute discretion.
The purchase of any Virtual Item is merely the purchase of a license to use the Virtual Item in the applicable game(s), and does not transfer ownership of that Virtual Item to you. This license is personal to you and cannot be sold, transferred, assigned, gifted, traded or sublicensed. Accordingly, we expressly prohibit and do not recognize any purported sales, transfers, assignments, gifts, trades or sublicenses of Virtual Items, whether for “real money,” goods or any other exchange outside of the Game. Any such transfer or attempted transfer is prohibited and void, and may subject you to a termination of your account, a lifetime ban from our products and services, and even legal action.
IV. ONLINE CONDUCT
You, as a user, agree to use the Services only for lawful purposes. Specific prohibited activities include, but are not limited to:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- promoting illegal or tortuous activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- attempting to circumvent, disable or otherwise interfere with security-related features of the Game or features that prevent or restrict use or copying of any content or enforce limitations on use of the Game or the content therein;
- using cheats, automation software, bots, hacks, mods or any other unauthorized software designed to modify or interfere with the Services;
- using any software that intercepts, mines, or otherwise collects information about other users or copies and stores any Proprietary Materials.
- interfering with, disrupting, or creating an undue burden on the Game or the networks or services connected to the Game;
- attempting to impersonate another user or person;
- soliciting personal information from anyone under 18;
- collecting, harvesting, soliciting or posting passwords or personally identifiable information from other users;
- using the account, username, or password of another account holder at any time or disclosing your password to any third party or permitting any third party to access your Account;
- using any information obtained from the Services or the Game in order to harass, abuse, or harm another person;
- using any unfair, misleading or deceptive content intended to draw traffic to one’s profile;
- using the Game or Services in a manner inconsistent with any and all applicable laws and regulations.
- Sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your account or any Virtual Items associated with your account to anyone.
- Access or use a third party account or any Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the holder of the original account creator.
- Utilize multiple accounts, manual procedures, bots, scripts or other processes in order to accumulate or “farm” Virtual Items.
- Use the Services a commercial manner, including the transferring of Virtual Items in exchange for “real world” money.
Any conduct by you in violation of the foregoing prohibitions may result in the suspension or termination of your Account and your access to the Game or Services.
A. Proprietary Rights
With the exception of content posted by users of the Game (“User Submissions”), all materials contained on the Game, including all aspects of the Services, the Virtual Items and the software, graphics, text and look and feel of the sites, and all trademarks (including YALLA® and YALLA TARNEEBTM), copyrights, patents and other intellectual property rights related thereto (“Proprietary Materials”), are owned or controlled by Yalla Games, Inc., our subsidiaries or affiliated companies, our third party licensors, and/or our advertising partners. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Proprietary Materials, or any other protectable aspects of the Game, in whole or in part. Subject to your compliance with this Agreement and any other relevant policies related to the Game or Services, we grant you a non-exclusive, non-transferable, revocable limited license subject to the limitations herein to access the Game and use the Services and Proprietary Materials for your own non-commercial entertainment purposes in connection with the Game. You agree not to use the Service for any other purpose.
As referenced above, even though you may buy Virtual Items with “real world” money, you do not, in fact, “own” such items. By making such a purchase, you are merely being granted a license to use such Virtual Items in the applicable game(s) for which such Virtual Items can be used. The Virtual Items have no real world value and are not in any way a credit or balance of real currency or its equivalent. In no event can any Virtual Items be redeemed for actual, “real world” currency. We have the sole and absolute right to manage, regulate, control, modify and/or eliminate such Virtual Items as we see fit in our sole discretion, and shall have no liability to you or anyone for the exercise of such rights.
B. Distribution/Uploading Of Content
You are prohibited from posting on or transmitting through the Services (e.g., through uploaded content, an author chat or user forum, online review or comment posted through the Services) any content that infringes upon a third party’s intellectual property rights or is defamatory, damaging, illegal, or offensive.
Without limiting the foregoing, you may not post, modify, distribute, or reproduce in any way on the Game any copyrighted material, trademarks, or other proprietary information belonging to others unless you have first obtained the prior written consent of the owner of such proprietary rights. It is our policy to terminate the account of anyone who repeatedly infringes the copyright rights of others upon our receipt of proper notification from the copyright owner or the copyright owner’s legal agent.
By submitting content (“Your Content”) to any user-submission areas of the Game, including, without limitation, uploading any materials or participation in any chats or forums, you automatically grant us, or warrant that the owner of such content has expressly granted us, the royalty-free, irrevocable, sublicensable and transferable, non-exclusive right and license to use, reproduce, publish, translate, prepare derivative works of, copy, perform and distribute Your Content, including all patent, trademark, trade secret, copyright or other proprietary rights in and to such content and your username, actual name, and likeness (if submitted), in whole or in part worldwide, including in connection with announcing you as the winner of a tournament/game and using such announcement to promote the Game. You also hereby grant each user of the Game a non-exclusive license to access Your Content through the Game, and to use, reproduce, distribute, display and perform Your Content as permitted through the functionality of the Game and under this Agreement. The above licenses granted by you in Your Content are perpetual and will only terminate if you’ve requested the removal or deletion of Your Content from the Game (such license will terminate within a commercially reasonable time after your request to remove or delete Your Content). You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of Your Content that have been removed or deleted.
Subject to these grants, you retain any and all rights which may exist in Your Content.
We may disclose any of Your Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate our Game; (iii) to protect the rights or property of Yalla Games, Inc. and our officers, directors, employees and agents; or (iv) to protect the Yalla Providers and any other user.
C. Representations and Warranties
You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of Your Content and to enable inclusion and use of Your Content in the manner contemplated by the Game and this Agreement. You further represent and warrant Your Content will not defame any third party and that the use of Your Content on the Game will not violate or infringe upon the intellectual property rights, or the rights of privacy or publicity, of any third party.
D. Third-Party Content & User Submissions
You acknowledge that Yalla Games, Inc. is an online service provider that may post content supplied by third parties and users. We have no more editorial control over the content posted by such third parties (including User Submissions) than does a public library or newsstand. Any opinions, advice, statements, judgments, services, offers, or other information that constitutes part of the content expressed or made available by third parties, including User Submissions, are those of the respective authors or distributors and not of Yalla Games, Inc. or its affiliates or any of their officers, directors, employees, or agents. While we retain the right to filter or reject User Submissions and other content posted by third parties, we review User Submissions and other third party content in a limited gate-keeper fashion and have no obligation to investigate whether any content or other User Submissions violate any term of this Agreement and will not do so in most cases. We neither endorse nor are responsible for the User Submissions or any other content posted to the Game by anyone other than Yalla Games, Inc..
Just as you retain complete ownership of Your Content (subject to the license to us granted above), all other users of the Game retain ownership of their User Submissions. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any User Submissions in whole or in part.
VI. NOTICE OF INFRINGEMENT
Without limiting the foregoing, if you believe that any content, including User Submissions, or other materials, posted on the Game constitutes an infringement of your copyrights, we will respond promptly to any properly submitted notice containing the information detailed below. Pursuant to Title 17, United States Code, Section 512(c)(2), written notifications of claimed copyright infringement should be sent to our Designated Agent at the following contact information: email@example.com.
To be effective, the notification must be a written communication that includes the following: 1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; 4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6.A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
VII. NON-COMMERCIAL USE
The Game is for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Any use of the Game or Services in violation of this provision, including communicating any advertisement or solicitation, or collecting usernames and/or email addresses of account holders by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Game, is prohibited.
VIII. AGE OF USERS
We do not intend the Game to be used by minors under the age of 13. Furthermore, we do not market the Game for use by minors under the age of 13. If you are between the ages of 13 and 17, you must obtain your parent or legal guardian’s permission before establishing an Account or making use of the Services and we may require your parent’s written consent. You represent that your legal guardian has reviewed and agreed to this Agreement.
IX. ELECTRONIC COMMUNICATIONS
When you visit the Game or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.
The Game may contain links to websites operated by third parties. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third party site.
We reserve the right to disable links from or to third party sites.
XI. THIRD-PARTY MERCHANTS / PROVIDERS
The Game may enable you to order and receive products, information and services from businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Services.
In addition, the Game may require that you establish an account with a third party service provider not owned or operated by us. Your agreement and understanding with any such third party service provider is solely between you and such service provider. We will not be a party to or in any way be responsible for your agreement with such third-party service provider. Any disputes you may encounter with such third party service provider shall be settled solely between you and the service provider.
XII. DISCLAIMERS AND LIMITATION OF LIABILITY
THE SERVICES ARE PROVIDED BY US AND OUR WEBHOST ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY YALLA PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE GAME, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT USE OF THE GAME WILL BE 100% SECURE, UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE GAME; OR (IV) THAT THE GAME, ITS SERVERS, OR EMAIL SENT FROM OR ON BEHALF OF YALLA GAMES, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY YALLA PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE GAME, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE GAME OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO YALLA GAMES, INC.’S RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE GAME.
NEITHER WE NOR ANY YALLA PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE GAME OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF WE OR SUCH YALLA PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL YALLA GAMES, INC. BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID YALLA GAMES, INC. IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM AND IF YOU HAVE NOT PAID ANY AMOUNTS DURING THAT TIME PERIOD, YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USING THE SERVICES AND TERMINATE YOUR ACCOUNT.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
You are subject to all laws of the state(s) and countries in which you reside and from which you access the Services and are solely responsible for obeying those laws. You agree we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any contests, sweepstakes or tournament/game offered on the Services nor shall any person affiliated, or claiming affiliation with the Services have authority to make any such representations or warranties.
XIV. APPLICABLE LAW; JURISDICTION
You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of California and of the United States of America located in the State of California for any litigation arising out of or relating to use of or purchase made through the Game (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the California Courts and agree not to plead or claim in any California Court that such litigation brought therein has been brought in an inconvenient forum.
XV. BINDING ARBITRATION
Any controversy or claim arising out of or relating to this Agreement or any related agreement, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with any of their provisions, shall be determined by binding arbitration. The arbitration proceedings shall be held and conducted by a single arbitrator in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (the “JAMS Rules”), as modified by this Agreement. Such arbitration shall occur in Los Angeles, California, and be initiated by any party in accordance with the JAMS Rules. The demand for arbitration shall be made by any party hereto within a reasonable time after the claim, dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of legal proceeding, based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. Discovery issues shall be decided by the arbitrator. Post-hearing briefs shall be permitted. The arbitrator shall render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator shall have no authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted. The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of California or federal law, or any of them, as applicable to the claim(s) asserted. Judgment on the award may be entered in any court of competent jurisdiction. The parties may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in support of their respective rights and remedies hereunder without waiving any right to arbitration. However, the merits of any action that involves such provisional remedies or injunctive relief, including, without limitation, the terms of any permanent injunction, shall be determined by arbitration under this paragraph. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses).
You agree to indemnify and hold Yalla Games, Inc., the Yalla Providers, our subsidiaries, and affiliates, and our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Game or Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on the Game or through the Services causes us to be liable to another.
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
This Agreement is deemed accepted upon any use of the Game or any of the Services. This Agreement constitutes the entire agreement between you and us regarding the use of the Game and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
XVIII. THIRD PARTY MARKETPLACES
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.