Terms of Services

The services offered by LocaLoco  Ltd. (“LocaLoco”) include, without limitation, social gaming applications Services for Facebook.com (“Services”), widgets and other features or content, as now offered and/or may be offered in the future, in connection with the Services (collectively referred as the “Services”). This Terms of Use Agreement (the “Terms”) sets the legally binding terms for using the Services.

1. General

1.1. Acceptance of These Terms

These Terms are a legally binding agreement between LocaLoco and you (“You”). By accessing and using the Services, You agree to be bound by these Terms. If You do not agree to any of the provisions as set hereunder in these Terms, You have no right to use the Services.

1.2 Eligibility to Use the Services

By using the Services, You represent that: a) You are eighteen (18) years of age or older; b) Your use of the Services does not violate any applicable law or regulation; c) all required information that You submit or post in the Services in order to use the Services is accurate and You will maintain the accuracy of the information; d) You are using the Services for personal, non-commercial use. If LocaLoco is informed or has reason to believe that you are not eligible to use the Services or that You become ineligible, Your use may be terminated without notice and Your account may be deleted. You do not have any right to use the Services for commercial use and if You wish to use the Services for commercial use, You must first contact LocaLoco at: Support@Localocogames.com to get prior written approval and You will be required to enter into separate agreement with LocaLoco.

1.3. Modifications to Terms

LocaLoco reserves the right, in its sole discretion, to change or modify the Terms and/or the Privacy Policy from time to time. In any such event, Localoco will let You know of such changes or modifications, and you shall be entitled to decide if you want to continue to use the Services under the revised terms. Your continued use of the Services indicates Your acceptance of any revised terms. If You do not agree to the revised terms, please refrain from using the Services and/or leave the Services.

1.4. Changes in the Services

Localoco reserves the right to suspend, discontinue, delete, modify, or remove any content or service offered from time to time, without prior notice, without reason or liability, and/or to offer certain services only in various versions or in selected times, based on Localoco’s sole discretion.

In addition, Localoco may charge You, in the future, for services which are currently available for free.

2. Your Account

2.1. Registered Users

The Services require registration.

2.2. Registered User Information

The registration process requires You to log into your Facebook account in order to use the Services. By logging-in You allow Localoco to receive from Facebook Inc. certain information including, but not limited to, Your name, birth date, citizenship, education, e-mail address, address, list of friends and/or other information (whether uploaded by You or appearing in your Facebook account). Once You register, You represent and warrant that the Facebook account you have logged in is yours and that all registration information You submitted to Facebook Inc. is accurate and truthful and that You agree to update and maintain the accuracy of such information. You further represent and warrant that Your use of the Services shall not violate any applicable law or regulation. LocaLoco reserves the right to terminate the account or refuse any or all use of the Services if such information seems or proves to be false, inaccurate or incomplete. LocaLoco will, in accordance with its Privacy Policy, keep Your information confidential.

The registration process allows LocaLoco to provide You the ability to view material from Facebook. Without limiting any other terms of these Terms of Use, by using the Services you understand and agree that LocaLoco, as an agent on Your behalf, will access and store in Your Facebook account information and content so that they are available to you through your use of the Services and you give LocaLoco permission to do so. You agree that any content that You submit to Facebook while using the Services may be stored by LocaLoco at Your direction, although LocaLoco does not undertake any obligations to maintain such submissions.

Registration of more than one account per individual is not permitted and automatic generation of multiplied accounts is restricted and may lead to legal action.

In the event You become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your login information or unauthorized access to Your Game Account (as defined below), you must immediately notify LocaLoco and modify your password;

You are responsible for anything that happens through your Account, whether or not such actions were taken by you. You therefore acknowledge that your Game Account may be terminated if someone else uses it to engage in any activity that violates these Terms or is otherwise improper or illegal.



2.3. Ownership of Virtual Items and Currencies

The Service may include an opportunity to purchase virtual, in-game items and currencies (“Virtual Items and Currencies“) that may require you to pay a fee using real money to obtain the Virtual Items and Currencies. Virtual Items and Currencies can never be redeemed for real money, goods, or any other item of monetary value from LocaLoco or any other party. You understand that you have no right or title in the Virtual Items and Currencies.

LocaLoco has licensed, or otherwise has rights to use all of the content that appears in the Services. Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Items and Currencies in the Services, you have no right or title in or to any such Virtual Items and Currencies appearing or originating in the Services, whether “earned” in a game or “purchased” from LocaLoco or any other attributes associated with use of the Services or stored within the Services.

LocaLoco prohibits and does not recognize any purported transfers of Virtual Items and Currencies effectuated outside of the Services, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Services, unless otherwise expressly authorized by LocaLoco in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items and Currencies for “real” money, or exchange Virtual Items and Currencies for value of any kind outside of a game, without LocaLoco’s written permission. Any such transfer or attempted transfer is prohibited and void, and will allow LocaLoco to terminate the Services, in LocaLoco’s sole discretion and/or take a legal action against You.

LocaLoco retains the right to manage, control, modify and/or eliminate Virtual Items and Currencies or any other form of virtual currency at its sole discretion. Prices and availability of Virtual Items and Currencies are subject to change without notice.

Virtual Items and Currencies may only be held by legal residents of countries where access to and use of the Services are permitted. Virtual Items and Currencies may only be purchased or acquired from LocaLoco and through means LocaLoco provide on the applicable Services or otherwise expressly authorize. We reserve the right to refuse Your request to purchase and/or acquire Virtual Items and Currencies for any reason. When You purchase Virtual Items and Currencies, they will reside in Your account (“Game Account“) until discharged through use of the Services. When purchasing Virtual Items and Currencies or other content as may be made available, You agree to pay LocaLoco the applicable charges for Your purchase, including applicable taxes, using a valid charge card or other payment method LocaLoco may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. All sales of Virtual Items and Currencies and/or other content are final. If your Game Account is charged for items You did not purchase, or You did not receive the items You purchased, or You were charged an incorrect amount, You may request a refund or correction in accordance to the applicable billing’s services provider’s policy. Other than charges to Your Game Account, You agree to notify us about any billing problems or discrepancies within 30 days after they first appear on Your account statement. If You do not bring them to LocaLoco’s attention within 90 days, you agree that You waive Your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse LocaLoco for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by LocaLoco (including costs and related expenses) that were caused by or arising out of payments that You authorized or accepted. You understand that LocaLoco may suspend or terminate Your use of the Services or Game Account if for any reason a charge You authorize LocaLoco to make to Your credit card or other method of payment cannot be processed or is returned to LocaLoco unpaid and, if such event occurs, You shall immediately remit to LocaLoco payment for such charge through an alternative payment method.

2.4. Billing

Without derogating from the above, in consideration for the Services you hereby expressly agree and undertake to pay LocaLoco any and all relevant fees, as further detailed in the Services, along with any applicable taxes (“Fees“).

You will provide LocaLoco or a designated third party payment processor with your payment details (such as your credit card number, billing address, etc.) in order for LocaLoco to complete the transaction with you.

Please note that LocaLoco may charge the Fees, at any time whatsoever, using a third party billing services provider, at its sole discretion.  

If you use the Services, and your payment method fails or your account is past due, LocaLoco shall be entitled to take steps to collect past due amounts using other collection mechanisms. You agree to pay all expenses associated with such collection, including reasonable attorneys’ fees. Interest will accrue on any past due amounts at the highest interest rate allowed by applicable law.

3. Proprietary Rights

LocaLoco owns the intellectual property related and associated with the Services. The Services contain copyrighted material, patented technology, trademarks, and other proprietary information of LocaLoco and its licensors. You are granted no right in the intellectual property associated or related to the Services and nothing should be inferred as granting such rights to You.

4. Right of Use & Unauthorized Uses

4.1. Limited License, Permitted Uses

You are granted a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to: (i) access and use the Services strictly in accordance with these Terms and the Privacy Policy incorporated in the Services, and (ii) solely for internal, personal and non-commercial purposes.

This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Services nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose, unless expressly permitted by LocaLoco. You are not allowed to use software, scripts or automated agents and Bots in a manner intended to mine data from the Services, generate multiple accounts or automatically post multiple messages.

4.2 Restrictions on Offensive or Illegal Use

LocaLoco strictly prohibits the use of the Services or any of its functionalities for offensive, illegal or harming purposes. You agree not to use the Services to create, edit, post or share any content that is harmful, unlawful, obscene, libelous, racist, hateful, or criminal or that violates the privacy of others or any other illegal, offensive or inappropriate content. LocaLoco reserves the right to remove any content which deems to be illegal, offensive or inappropriate, in LocaLoco’s sole discretion, and may take action against You, including, but not limited to, suspending any or all use of the Services, in any way or manner, or terminating Your Game Account.

4.3. Restrictions on Commercial Use and Unsolicited Commercial Messages

The Services are for Your personal use only and may not be used in connection with any commercial activity unless specifically approved in writing by LocaLoco. You agree not to use the Services for advertising or solicitation to buy or sell any products and for creating, sharing and sending unsolicited commercial messages. You agree not to transmit, post or otherwise make available on the Services, or any third party links, by embedded code or emails sent from the Services, any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other solicitation material. LocaLoco reserves the right to take legal action against users who abuse the Services for transmitting, posting or sending unsolicited commercial messages, including, but not limited to, removing or modifying any postings in its discretion without notice, suspending any or all use of the Services or terminating such user’s account.

5. Third Party Materials and Agreements

You may be able to access, review, display or use third party services, resources, content or information (“Third Party Materials”) via the Services. By using the Services, You instruct LocaLoco to present portions of the data sources that you have selected. You acknowledge sole responsibility for and assume all risk arising from your access to, use of or reliance upon any such Third Party Materials, and LocaLoco disclaims any liability that You may incur arising from Your access to, use of or reliance upon such Third Party Materials via the Services. You acknowledge and agree that LocaLoco: (a) is not responsible for the availability or accuracy of such Third Party Materials or the products or services on or available from such Third Party Materials; (b) has no liability to You or any third party for any harm, injuries or losses suffered as a result of Your access to or use of such Third Party Materials; and (c) does not make any promises to remove Third Party Materials from being accessed through the Services. Your ability to access or link to Third Party Materials or third party services (including Facebook) does not imply any endorsement by LocaLoco of Third Party Materials or any such third party services.

These Terms of Use do not authorize You to, and You may not, reproduce, distribute, publicly display, publicly perform, communicate to the public, make available, create derivative works of or otherwise use or exploit any Third Party Materials except as expressly permitted by LocaLoco, and the owners of such Third Party Materials may have the right to seek damages against You for any unauthorized use of their Third Party Materials.

6. Services Content

6.1. Source and Accuracy of Content

All content, either in the form of a text, image, video, link or otherwise, posted on, transmitted through, or linked from the Services (Collectively referred as “Content”), are at the sole responsibility of the person from whom such Content originated. LocaLoco does not control, and is not responsible for the Content made available through the Services. LocaLoco makes no representation or warranty as to the accuracy, completeness or authenticity of the Content. You acknowledge that LocoLoco does not pre-screen, monitor, endorse or approve the Content. You must evaluate, and bear all risks associated with the use of any Content, and You may not rely on the Content. In addition, under no circumstances will LocaLoco be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Services. 

6.2. Inappropriate Content

LocaLoco may (but not obligated to) review and remove any Content that, in its sole discretion, violates these Terms or may be offensive, illegal or violate the rights, harm, or threaten the safety of any user (collectively “Inappropriate Content“). You are solely responsible for the Content that You make visible via the Services or to any third Party links or any other material or information that You transmit or share with other users or unrelated third parties via the Services.

6.3. Reporting Inappropriate Content

If You find Inappropriate Content on the Services or during Your use of the Services, LocaLoco encourages You to report such Inappropriate Content (to: Support@Localocogames.com). The owner of the reported Inappropriate Content may receive, based on LocaLoco’s sole discretion, a notice via email that his or her Content has been flagged. The user may refute the claim by submitting via e-mail an answer to the notice stating a valid reason why the Content should not be removed. If the complaint is justified, the Content may be removed and the user owning the Content may have the infraction noted on his or her account. The user receiving an infraction may also lose his or her user privileges in the Services. Likewise, users submitting claims can also lose user privileges if LocaLoco finds, in its sole discretion, that they submitted false or unjustified claims.

7. Rights in the Content

7.1. License in User’s Posted Content

The Services include Content that You may submit, post, send or display. No compensation will be paid with respect to the Content that You submit, upload, post, transmit or otherwise make available through the Services. The Content may be reproduced, adapted, modified, translated, published, publicly performed, publicly displayed and distributed all in accordance with the Privacy Policy. You acknowledge that in performing these activities, LocaLoco may technically need to transmit or distribute the Content over various networks or in various media, and may make changes to the Content to conform or adapt to the technical requirements of connecting networks, devices, services and media. By uploading Content via the Services, You expressly agree to share the Content with others under these Terms set forth herein.

8. Copyright Policy

8.1. Reporting Copyright Infringement

Except for public domain material, the Content on the Services is protected by intellectual property laws. LocaLoco may remove or disable access to material or terminate account/s, at its sole discretion, as a result of any copyright claim regarding infringing activity. If LocaLoco removes or disables access in response to such a claim, LocaLoco will make a good-faith attempt to contact the owner of the affected Content regarding the take down procedure in accordance with any applicable law.

Please address any notices and/or claims regarding infringement activity by e-mail to:  Support@Localocogames.com.

9. Disclaimer of Warranties; Limitation of Liability

9.1. General Disclaimer

LOCALOCO DOES NOT WARRANT THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION, BUGS OR ERROR FREE YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE, AS WELL AS ANY WARRANTIES REGARDING SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICES, ARE ALL EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. LOCALOCO ALSO DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES, OR ACCESSED THROUGH ANY LINKS ON THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, LOCALOCO DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICES OR THE SERVICES.

9.2. Disclaimer regarding Content and Information Accuracy

LOCALOCO DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL DISPLAYED IN OR AS RESULT OF USE OF THE SERVICES. LOCALOCO DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, CREATING BACK-UPS, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR CONTENT OR MATERIAL. LOCALOCO DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR CONTENT OR MATERIAL ON THE INTERNET THROUGH THE SERVICES.

9.3 Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL LOCALOCO BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF LOCALOCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OR RELIANCE OR, INABILITY TO USE THE SERVICES, OR WHETHER THEY ARISE FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICES OR ANY LINKS ON THE SERVICES, AS WELL AS BY REASON OF RELIANCE ON OR USE OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICES OR ANY LINKS ON THE SERVICES. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

In addition, LocaLoco will not be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, but not limited to, Internet failure, computer equipment failures, telecommunication equipment failure, other equipment failure, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light or air conditioning.  

9.4. Disclaimer of Advertisement or Sponsored Content

The Services may contain authorized or unauthorized advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted on the Services is accurate and complies with applicable laws. LOCALOCO IS NOT RESPONSIBLE FOR THE ILLEGALITY OR ANY ERROR, INACCURACY OR PROBLEM IN THE ADVERTISER’S OR SPONSOR’S MATERIALS. LOCALOCO DOES NOT ENDORSE OR PROMOTE OR REPRESENT ANY OF THE PRODUCTS OR SERVICES OFFERED AND WILL NOT BE LIABLE FOR THESE PRODUCTS OR SERVICES. THE PLACEMENT OF THE ADVERTISEMENT OR SPONSORED CONTENT, THE SELECTION OF THE ADVERTISEMENT OR SPONSORED CONTENT AND THE TAGGING OF SUCH ADVERTISEMENT OR SPONSORED CONTENT, MAY BE DONE IN AN AUTOMATED MANNER AND IN NO CASE LOCALOCO WILL BE RESPONSIBLE OR LIABLE FOR THE SELECTION, PLACEMENT OR TAGGING OF AN ADVERTISEMENT OR SPONSORED CONTENT.

9.6. Indemnification

You agree to indemnify and hold harmless LocaLoco and its subsidiaries, its affiliates, officers, directors and employees, from and against any and all liability, losses, claims, damages and expenses, including but not limited to reasonable attorney’s fees and costs of litigation, related to Your breach of these Terms, or to any Content You submit or post, or to Your use of the Services, or to Your violation of any rights of a third party.

10. Ads

LocaLoco’s Services may, at some point, include advertisements, which may be targeted to the content or information on the Services, queries made through the Services, or from other information. The types and extent of advertising on the Services are also subject to change over time. In consideration for providing you the Services, you agree that we and our third party providers and partners may place advertising on our Services or in connection with the display of content or information on our Services.

11. Privacy

The terms of our Privacy Policy are incorporated into, and considered part of, these Terms and must be accepted by You prior to Your use of the Services.

12. Termination

This Agreement shall be in force while You use the Services. You may stop using the Services at any time and in Your sole discretion, with no need for justification and with no charge. For permanent termination and complete removal please contact LocaLoco and request to delete Your Game Account. Furthermore, the termination of a Game Account does not delete the information from the sources of the information and You may need to contact them directly to request editing, deletion or removal of information.

LocaLoco reserves the right to terminate, without prior notice, any user account or to suspend any or all of the Services, with or without the user’s consent, for violating these Terms. If Your account is terminated, Your rights to use the Services will cease immediately. Termination is without prejudice to all other remedies available to LocaLoco by law or under these Terms.

13. Miscellaneous

13.1. Interpretation

13.1.1         References to the singular include the plural and vice versa, and references to one gender include the other gender.

13.1.2         Any phrase introduced by the expressions “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

13.2. Governing Law and Jurisdiction

This Agreement shall be treated as though it was executed and performed in the State of Israel and shall be governed by and construed in accordance with the laws of the State of Israel (without regard to conflict of law principles).

Any claim that You may have in connection with these Terms must first, and before taking any other legal action, be submitted to LocaLoco in the form of a complaint (to: Support@localocogames.com), to enable the parties to resolve the claim in a friendly and effective manner. If the parties fail to resolve the claim in this manner in a reasonable timetable, or if any other claim or dispute in connection with these Terms arises, it shall be resolved in a cost effective manner, through binding non-appearance-based arbitration. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The arbitration judgment may be entered and forced in any court of competent jurisdiction. Notwithstanding the foregoing, LocaLoco may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

13.3. Entire Agreement

The Terms constitute the entire legal agreement between You and LocaLoco and govern Your use of the Services and replace any prior agreement of understanding between You and LocaLoco in relation to the Services. Any waiver of any provision of the Terms will be effective only if in writing and signed by the waiving party.

13.4. Jurisdiction’s Restrictions

If the law of your country prohibits you from using the Services because you are under the age limit or because the Services are not allowed in your country, please don’t use it.

13.5. Severability

All of the provisions of these Terms are intended to be enforceable to the fullest extent permitted by law. If any provision of these Terms, in whole or in part, is, to any extent, construed to be illegal, invalid or unenforceable, then such provision will be construed in a manner to permit its enforceability under applicable law to the fullest extent permitted by law, and the remaining terms of these Terms, other than those that have been held illegal, invalid or unenforceable, will remain in full force and effect.

13.6. Waiver

LocaLoco’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.

13.7. Notice

LocaLoco may deliver any notice required by these Terms via pop-up window, dialog box or other device, even though you may not receive the notice unless and until you launch the Services. Any such notice will be deemed delivered on the date LocaLoco first makes it available through the Services, irrespective of when you actually receive it.

13.8. Language

These Terms was originally prepared in the English language and the English version will control in the case of any conflict or discrepancy.

 

For additional information regarding the Software and/or these Terms, please contact: Support@localocogames.com.

 

Copyright & Trademark Notice

Copyright©2012, LocaLoco. All Rights Reserved. The trademarks, logos and service marks displayed on the Services are LocaLoco’s property or the property of other third parties. You are not permitted to use these trademarks, logos and service marks without prior written consent from LocaLoco or such third party.

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