We are WillyPeng, a company under laws of Nigeria, with a registered address at OMOKU, RIVERS, Nigeria (“WillyPeng” or “WP” or “We” or “Us”), is a developer and publisher of games and mobile app applications that are made available via app stores including the Apple Application Store and Google Play Store (our “Apps”).
As a precondition for you using the Services, you must agree to these Terms of Service (“Agreement”). By using or otherwise accessing the Services, you agree to the Agreement. If you do not agree to the Agreement, you may not use or otherwise access the Services.
Unless otherwise specified by a component of the applicable Service, the Services are free to use or download but may contain features that may allow you to make purchases within the Services.
Application stores and platforms may provide their own terms that apply to your relationship with these app stores and platforms.
You represent that you are 16 years or older. If you are younger than 18 years, you can only download our Games and play them on your device, if your parent(s) or legal guardian have/has reviewed this Agreement and allowed you to download our App and use our App subject to this Agreement. WillyPeng may require adequate proof of your identity and age and consent from a parent or guardian at any time.
You represent that you are accessing our Apps as a private person. Any commercial use of our Apps is not allowed.
2. End-User License Agreement
Subject to the terms of this Agreement, WP grants you a non-transferable, non-exclusive, license to (a) use for your personal use, and (b) copy for the purpose of downloading, installing and executing the number of copies for which you are authorized by the download site of each App on a mobile device that you own or control for your use (the “License”).
2.2 Certain Restrictions
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any App; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of App, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) you shall not access any App in order to build a similar or competitive service or application; (d) except as expressly stated herein, no part of any App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, or (e) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in any App. Any future release, update, or other addition to functionality of any App (including in-app purchases, additional levels, and App enhancements) shall be subject to the terms of this Agreement unless otherwise provided in terms associated with such addition. All copyright and other proprietary notices on any App content must be retained on any copies.
2.3 Local Laws
You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations.
WP reserves the right, at any time, to modify, suspend, or discontinue the Apps or any part thereof with or without notice. You agree that WP will not be liable to you or to any third party for any modification, suspension, or discontinuance of any App or any part thereof.
Apps provided to you are licensed to you and not sold. WP (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to all Apps, excluding your User Content (defined below). This Agreement is not a sale and does not convey to you any rights of ownership in or related to any App. The WP name, logo, and the product names associated with the Apps belong to WP (or its licensors, where applicable), and no right or license is granted to use them by implication, estoppel, or otherwise. WP (and its licensors, where applicable) reserve all rights not granted in this Agreement.
When you start or stop an App, it may display an ad. During App use, banners, rewarded videos, and/or interstitial ads may be displayed.
3. User Content
3.1 User Content
“User Content” of a user means any and all content that such user uploads, distributes, or otherwise provides via any App. You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by WP. WP is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
By uploading, distributing, or otherwise using your User Content with any App, you automatically grant, and you represent and warrant that you have the right to grant to WP an irrevocable, non-exclusive, royalty-free and fully-paid worldwide license with the right to grant sublicenses to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, solely to display your User Content in any App.
If you provide WP any feedback or suggestions (“Feedback”), you hereby assign to WP all rights in the Feedback and agree that WP shall have the right to use such Feedback and related information in any manner it deems appropriate. WP will treat any Feedback you provide to WP as non-confidential and non-proprietary. You agree that you will not submit to WP any information or ideas that you consider to be confidential or proprietary.
3.4 Acceptable Use Policy
The following sets forth WP’s – “Acceptable Use Policy”:
- You agree not to use any App to upload, distribute, or otherwise use any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is tortious, trade libelous, defamatory, false, or intentionally misleading, (c) that is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable, (d) that is harmful to minors in any way; (e) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (f) that violates of any law, regulation, or contractual obligations.
- You agree not to use any App to (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (b) collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to Apps (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Site or App or servers or networks connected to Apps (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of any App.
We reserve the right (but have no obligation) to review any User Content in our sole discretion. We may remove or modify your User Content at any time for any reason in our sole discretion with or without notice to you.
4. Term and Termination
4.1. This User Agreement runs for an indefinite term.
4.2. Either Party may terminate this Agreement at any time by giving 14-days notice (written or electronic communication, e.g. via e-mail, required). You may also terminate the User Agreement with immediate effect by deleting the App from your device or removing the App from your App apps.
4.3 If we have reasonable ground to believe that you are in material breach of these Terms of Service, we may suspend your access to our App and/or terminate this User Agreement. Your breach of Sec. 2 or 3.4. shall be considered a material breach.
4.4 Either Party may terminate the User Agreement for cause without giving notice. The grounds for such termination for cause include material breach of these Terms of Service.
4.5 Upon expiry, you will no longer be able to access the App that was the subject matter of the User Agreement. Your in-game progress and any other App-related data will be deleted. Only if WP continues to operate the App, you may again download the App or access the App on Facebook whereby a new User Agreement will start to run. However, any game-related data cannot be restored.
4.6. We may (a) suspend your rights to use any App, and/or any related services or (b) terminate this Agreement at any time for any reason at our sole discretion with or without notice to you, including if we in good faith believe you have violated the Acceptable Use Policy or any other provision of this Agreement. Without limiting the foregoing, WP reserves the right to terminate this Agreement with any user who repeatedly infringes third-party copyright rights upon prompt notification to WP by the copyright owner or the copyright owner’s legal agent.
4.7. Upon termination of this Agreement, your right to use the App will automatically terminate immediately. You understand that any termination may involve deletion of your User Content associated therewith from our live databases. WP will not have any liability whatsoever to you for any termination of this Agreement, including the deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 2.2, 2.3, 2.4, 2.5, 3, 4.4, 5, 6, 7, 8, 9, 10, and 11.
You agree to defend, indemnify and hold harmless WP (and its suppliers) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to (i) your use of any App, (ii) your User Content, or (iii) your violation of this Agreement. WP reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify WP and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of WP. WP will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
6. Third Parties
6.1 Application Stores
You acknowledge and agree that the availability of the App is dependent on the third party from which you received App, e.g., the Apple iPhone or Android stores (“Application Store”). You acknowledge that this Agreement is between you and WP and not with the Application Store. The Application Store is not responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the Application Store in connection with App (if any). You agree to comply with, and your license to use App is conditioned upon Your compliance with, all applicable third-party terms of the agreement (e.g., the Application Store’s terms and policies) when using an App. You acknowledge that the Application Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce this Agreement.
6.2 Third-Party Services
6.3 Other Users
An App may contain User Content provided by other users of the App. WP is not responsible for and does not control the User Content. WP has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk. Your interactions with other users are solely between you and the other user and we are under no obligation to become involved. You agree that WP will not be responsible for any liability incurred as the result of any such interactions.
You hereby irrevocably and unconditionally release and forever discharge WP (and its suppliers) from any and all claims, demands, and rights of action, whether now known or unknown, which relates to any interactions with, or act or omission of, any Third Party Service, other App users, or Third-Party Advertisers. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
7.1 APPS ARE PROVIDED “AS-IS” AND AS AVAILABLE AND WP (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WP (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT ANY APP: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
7.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
8. Limitation on Liability
8.1 IN NO EVENT SHALL WP (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR WP’S PRIVACY PRACTICES, ANY APP, EVEN IF PG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, ANY APP ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WP’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR WP’S PRIVACY PRACTICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU’VE PAID PG IN THE PRIOR 12 MONTHS (IF ANY). IN NO EVENT SHALL WP’S SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.
8.2 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
9.1. In-app purchases.
- WillyPeng may license to you certain virtual goods to be used within the Service and which you may purchase with real cash or which you may earn or redeem (“Virtual Items”). Virtual Items are licensed to you on a limited, personal, non-transferable, non-sublicensable, and revocable basis and limited only for non-commercial use.
- WillyPeng may manage, control, modify, or eliminate Virtual Items at any time, with or without notice.
- The transfer of Virtual Items is prohibited, except where expressly authorized in the Services, if any.
- Virtual Items do not have an equivalent value in real cash and do not act as a substitute for real-world money. Neither WillyPeng nor any other person or entity has any obligation to exchange Virtual Items for anything of value. WillyPeng has no liability for hacking or loss of your Virtual Items.
- The price and availability of Virtual Items are subject to change without notice.
- Subject to mandatory legislation, all purchases and redemptions of Virtual Items made through the Services are final and non-refundable. You acknowledge and consent that the provision of Virtual Items for use in Services is a process that commences immediately upon purchase and you forfeit your right of withdrawal once the performance has started.
- Subject to mandatory legislation, you agree that WillyPeng is not required to provide a refund for Virtual Items for any reason and that you will not receive money or other compensation for unused Virtual Items, whether your loss of license under this Agreement was voluntary or involuntary.
- YOU ACKNOWLEDGE THAT WP 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 YOU DELETE YOUR ACCOUNT OR WHEN YOU CEASE TO USE THE GAME.
- Some parts of the Service are billed on a subscription basis (“Subscription(s)”). A subscription provides access to dynamic content or services from within the App on an ongoing basis. Subscriptions may be available at different fees chargeable for a set period of time specified in the App (“Subscription Period”). Payment will be taken from Your iTunes or Google Play account (“Account”) when You confirm the Subscription by available confirmation tools of the Game.
- Trial Subscription is offered free of charge for a certain period of time from activation specified in the relevant offer in the App. If You do not cancel the Subscription within such a period, the Subscription Fee shall be taken from Your Account when the trial period expires. Please note that Your Subscription begins immediately after the activation of a trial Subscription, not after the seven-days trial period. You may cancel a subscription during its free trial period using the Subscription setting of Your Account. WP can not cancel your free-trial subscription if it has already been activated.
- Subscription is automatically renewable unless You turn off it at least 24 hours before the expiry of the current Subscription. Subscription Fee shall be taken from Your Account during 24 hours preceding the expiry of the current Subscription. In case Subscription Fee cannot be taken from Your Account due to the absence of monetary funds, the invalidity of credit card, or for any other reasons, Your Subscription is automatically canceled.
- Once You have bought a Subscription, You can manage it and switch off automatic renewal at any time after the purchase in Your Account setting. You cannot cancel Your current Subscription if it has already been activated.
- Except when required by law, paid Subscription fees are non-refundable.
- WillyPeng in its sole discretion and at any time may modify the Subscription Fee. Any Subscription fee change will become effective at the end of the current subscription period. You will be provided reasonable prior notice of any change in Subscription Fee. If You do not take action to agree to the increase in Subscription Fee, Your Subscription shall expire at the end of the current subscription period.
- You acknowledge and agree that all billing and transaction processes are handled by App Store or Google Play, from which platform You downloaded the App, and are governed by their terms and conditions. If You have any payment related issues, then You need to contact App Store or Google Play directly.
10.1. Changes to this Agreement
This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by prominently posting notice of the changes on our Site. Any changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Apps. Continued use of our Apps following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. The date on which the latest update was made is indicated at the top of this document. We recommend that you print a copy of this Agreement for your reference and revisit this webpage from time to time to ensure you are aware of any changes.
Any notice provided to WP pursuant to this Agreement should be sent to [email protected]
If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
10.4. Entire Agreement
11. Apple Application Store Additional Terms and Conditions
The following additional terms and conditions apply to you if you are using an App from the Apple Application Store. To the extent, the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 10, the more restrictive or conflicting terms and conditions in this Section 10 apply, but solely with respect to Apps from the Apple Application Store.
WP and you acknowledge that this Agreement is concluded between WP and you only, and not with Apple, and WP, not Apple, is solely responsible for App and the content thereof. To the extent, this Agreement provides for using the rules for App that are less restrictive than the Usage Rules set forth for App in or otherwise is in conflict with, the Application Store Terms of Service, the more restrictive or conflicting Apple term applies.
11.2 Scope of License
The license granted to you for App is limited to a non-transferable license to use App on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the Application Store Terms of Service.
11.3 Maintenance and Support
WP is solely responsible for providing any maintenance and support services with respect to App, as specified in this Agreement (if any) or as required under applicable law. WP and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to App.
WP is solely responsible for any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed. In the event of any failure of App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be WP’s sole responsibility.
11.5 Product Claims
WP and you acknowledge that WP, not Apple, is responsible for addressing any claims of you or any third party relating to App or your possession and/or use of App, including, but not limited to: (i) product liability claims; (ii) any claim that App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit WP’s liability to you beyond what is permitted by applicable law.
11.6 Intellectual Property Rights
WP and you acknowledge that, in the event of any third-party claim that App or your possession and use of App infringes the third party’s intellectual property rights, WP, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
11.7 Legal Compliance
You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
11.8 Developer Name and Address
WP’s contact information for any end-user questions, complaints, or claims with respect to App is set forth in Section 9.2.
11.9 Third-Party Terms of Agreement
You must comply with applicable third-party terms of agreement when using an App.
11.10 Third-Party Beneficiary
WP and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.