Terms of Service

1. About these Terms

Please read these Terms of Use (the “Terms”) carefully. These Terms apply to your download, access and/or use of Limbro LLC, whether on your computer, on a mobile device, on our website https://limbrogames.com/ (the “Website”) or any other website, device or platform (each a “Game” and together the “Games”). These Terms also apply to any other services that we may provide in relation to the Games or the Website, such as customer support, social media, in-app purchases, community channels, contests, tournaments, and other websites that we may operate from time to time such as but not limited to https://limbrogames.com/ (we refer to all our Games and other services collectively as the “Services” in these Terms). These Terms are a legal agreement and contain important information about your rights and obligations in relation to our Services.

1.1

If you do not agree to these Terms or any future updated version of them, then you must not access and/or use, and must cease all access and/or use of, any of our Services. If we require that any future update to these Terms needs any action from you in order to accept the updated Terms, then you may not be able to continue to use the Services until you have taken such action.

1.2

These Terms represent a legal agreement between you and Limbro LLC. The parties intend that the Terms of this agreement inure to the benefit of Limbro’s Affiliates (as defined in paragraph 1.5 below).

1.3

By clicking “Accept” on the Game’s pop-up screen, installation page, Limbro’s webpage, or Limbro’s Community Forum (or where such button or a similar button is otherwise presented), or downloading, installing, accessing or using the Services, you confirm that:

 

• • 1.3.1 You have read and understood these Terms and any other documents referred to herein, including without limitation our Privacy Policy, and that you agree to be bound by these Terms; and

• • 1.3.2 You are at least 13 years old, or else you must not use our Services. If you are the parent or guardian of a minor aged 13 or older (depending on the applicable laws of your country), you are agreeing to these Terms on your behalf and on behalf of your minor(s) who you have authorised to use the Service pursuant to these Terms.

1.4 FOR RESIDENTS IN THE USA: IMPORTANT NOTICE

THESE TERMS ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW IN SECTION 21.

1.5

In these Terms, references to “Limbro”, “we”, “us” and “our” are references to Limbro LLC as well as Limbro LLC’s Affiliates where appropriate. “Affiliate” means any entity controlling, controlled by, or under common control with Limbro LLC, where ‘control’ means the direct or indirect ownership of more than fifty percent (50%) of such entity’s capital or equivalent voting rights.

1.6

These Terms are made available via the app store or platform that you download our Games from (such as the Apple App Store, Google Play Store, Amazon App Store, or Microsoft Store), or on any website or platform where you can play our Games such as facebook.com or https://limbrogames.com/. You agree that by accessing and/or using our Services, you are agreeing to these Terms and our Privacy Policy (see Section 13 below).

1.7

YOU MUST BE AND HEREBY AFFIRM THAT YOU ARE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OR STATE OF RESIDENCE. If you are under the legal age of majority and over the age of 13, your parent or legal guardian must consent to these Terms as set out in paragraph 1.3.

1.8

You can access the latest version of these Terms at any time at https://limbrogames.com/policy/en/tos.html. We can make changes to these Terms at any time in accordance with Section 17; your continued use of our Services after the Terms have been updated shall confirm your acceptance of the updated Terms.

2. About accessing and using our Services

2.1

The specific game rules, scoring rules, controls, and guidelines for each Game can be found within the Game itself. Such rules, scoring rules, controls, and guidelines form part of these Terms and you agree that you will comply with them in respect of each individual Game which you choose to access and/or play.

2.2

You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be before you access and/or use our Services.

2.3

There may be times when our Services or any part of them are not available for technical or maintenance-related reasons, whether on a scheduled or unscheduled basis. See Section 8 below for more information.

3. Accounts and Gameplay

Your Account

 

• • 3.1 When using our Services you may choose to, and in some instances you will be required to, create an account with us or another authorised third party hosting our Services (“Limbro Account”). If you do create a Limbro Account with us, you agree that you will take all steps necessary to protect your login details and keep them secret. If you do not create a Limbro Account, your gameplay and any Virtual Content (as defined in Section 4) you have (where applicable) will not be accessible from any other device, and will not be restored to a different device if you lose, damage, or change your device. Whether or not you create a Limbro Account, we will assign a unique game ID – either to your Limbro Account or to your device – to manage your game progress and data across the Services.

• • 3.2 You agree that you will not give your login details to anyone else or allow anyone else to use your login details or Limbro Account.

• • 3.3 In these Terms, references to “login details” or “Limbro Account” include your login details and account for any social network or platform that you may allow our Services to interact with.

• • 3.4 We will be entitled to assume that anyone logging into your Limbro Account using your login details is you and not anybody else. If you fail to keep your login details secret, or if you share your login details or Limbro Account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorised purchases) and agree to fully compensate us for any losses or harm that may result.

• • 3.5 We will not be responsible to you for any loss that you suffer as a result of any other person accessing your Limbro Account and/or using our Services, and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.

• • 3.6 We reserve the right to delete your Limbro Account if no activity is conducted by you in relation to the Limbro Account for 180 or more days. In such an event, you may no longer be able to access and/or use any Virtual Content (as defined in Section 4) associated with that Limbro Account and no refund will be offered to you in relation to the same.

• • 3.7 You understand that if you delete your Limbro Account, or if we (or an authorised third party we work with) delete your Limbro Account in accordance with these Terms, you may lose access to any data previously associated with your Limbro Account (including, without limitation, your progress through our Games and/or the level or score you have reached in our Games and any Virtual Content associated with your Limbro Account). We have no obligation to reinstate your Limbro Account or be liable for any loss of data if you delete your Limbro Account, or if we (or an authorised third party we work with) delete your Limbro Account in accordance with these Terms.

• • 3.8 Your Limbro Account is personal to you and you are not entitled to transfer your Limbro Account to any other person.

• • 3.9 Your use of the Services is licensed, not sold, to you, and you acknowledge and agree that you will have no ownership or other property interest in any account that you create using any of our Services. To the fullest extent permissible by applicable law, we may, acting reasonably, suspend, terminate, modify, revoke access to, or delete any of these accounts (including, without limitation, for any breaches of these Terms or because provision of an online service ceases for economic reasons due to an insufficient number of users continuing to make use of the service over time). Subject to applicable law, we will provide notice where possible, although you acknowledge we may not always have your direct contact details to do so. No notice will be provided if you seriously violate these Terms. Serious violations are violations of important provisions which include paragraphs 4.1, 4.10, 5.4, and/or 5.5 of these Terms or repeated violations of other provisions of these Terms (including further non-compliance where you already have received a prior warning). In the event that we choose to cease providing a Game, or license to a third party the right to provide a Game, we will provide you with reasonable prior notice, unless the discontinuance arises from a matter that is beyond our control or causes the provision of such advance notice not to be possible or feasible.

Gameplay, Tools and Support

 

• • 3.10 When you use our Services, we may use tools such as AI, your gameplay information (such as your past scores, your country, the level you have reached in a Game, your purchase history, or any other gameplay activity) and/or your personal data to enhance our customer support and your in-game experience. For example, if you send us a query, we may use AI tools which take into account your query details, gameplay information, and/or your personal data to offer you the most appropriate support experience. We may also use AI tools, your gameplay information, and/or your personal data to personalise your experience of the Services by, for example, adjusting the game challenge to keep it fresh and exciting, and offering customised Services, in-game events, offers, promotions, and/or levels. For more information on how your personal data is processed, please see our Privacy Policy.

4. Virtual Content

4.1

Our Games may include virtual currencies such as gold bars and gems (“Virtual Money”), items or services for use within our Games (“Virtual Goods”), or paid subscriptions for Virtual Money or Virtual Goods (“Subscriptions”). Virtual Goods, Virtual Money, and Subscriptions will together be referred to in these Terms as “Virtual Content”. To benefit from or use some Virtual Content in our Games, you may first have to reach a certain level or progress to a certain point. To the fullest extent permitted under applicable law, you agree that (once purchased or otherwise obtained) Virtual Content is owned or licensed by us and can never be exchanged for real money, real goods, or real services from us or anyone else. You agree that Virtual Content is not transferable to anyone else and you will not transfer or attempt to transfer any Virtual Content to anyone else. For the purposes of this Section 4, a “purchase” is complete at the time our servers validate your purchase and the applicable Virtual Content is successfully credited to your account on our servers.

4.2

You do not own Virtual Content; instead, you purchase a limited, personal, revocable license to use them. To the fullest extent permitted under applicable law, any inclusion or balance of Virtual Content does not reflect any stored value. For the avoidance of doubt, and with particular reference to Section 17500.6 of the California Business and Professions Code, references to “purchasing” or “buying” Virtual Content (or other words to that effect) in these Terms or in any Games refers to us providing you with a personal revocable license to use the Virtual Content, and accordingly your access and use of the Virtual Content may be revoked, including without limitation for breach of these Terms (please see Section 7.1 below for more information).

4.3

Prices for all Virtual Content exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the fullest extent required by law, you agree to pay any such applicable taxes and telecommunication charges in line with applicable law.

Virtual Money and Virtual Goods

 

• • 4.4 You acknowledge that all sales of Virtual Money and/or Virtual Goods by us to you are, in principle, final and non-refundable. Notwithstanding the foregoing, if you are a consumer residing in the European Economic Area, you have the right to withdraw from your purchase within 14 days of conclusion of the contract and, where applicable, to rescind the purchase under the conditions that may have been established by the payment intermediary or merchant responsible for your purchase (e.g. Google, Apple, Appcharge). Under certain circumstances, however, your statutory right of withdrawal may expire early. For immediate access to Virtual Money and/or Virtual Goods, we may ask you to consent to the immediate performance of the contract and to confirm your knowledge that, in this case, you will lose your right of withdrawal upon performance of the contract.

Connecting your gameplay

 

• • 4.5 Where applicable, if you do not connect your Game on a device to a Limbro Account, we will not be able to restore any Virtual Content or other data associated with your Game to a different device if you lose, damage, or change that device. Accordingly, on a device which is not connected to your Limbro Account:
    

     

    • • Any risk of loss of Virtual Content which you purchase from us is transferred to you upon completion of the purchase as described in paragraph 4.1 above;
    • • Any risk of loss of Virtual Content that you receive from us without making a purchase is transferred to you at the time the Virtual Content is successfully credited to your account on our servers; and
    • • Any risk of loss of other data associated with your gameplay (including, without limitation, your progress through the Game, or the level or score you have reached in our Games) is transferred to you immediately at the time such gameplay data is generated.

• • 4.6 The data associated with Virtual Content (whether purchased by you using real money or otherwise credited or awarded to you) is synced between different devices only if you have connected your Game to a Limbro Account. Accordingly, any risk of loss of this data is transferred to you (i) in the case of Virtual Content which you purchase from us, upon completion of the purchase as described in paragraph 4.1 above; and/or (ii) in other cases at the time the Virtual Content is credited or awarded to you.

4.7

If you live in the European Economic Area or the United Kingdom, we will provide you with a VAT invoice where we are required to do so by law or where expressly requested by you. You agree that these invoices may be electronic in format.

4.8

We reserve the right to control, regulate, change, or remove any Virtual Content at any time in order to, for example:

 

• • Ensure compliance with applicable laws and/or reflect changes in relevant laws and regulatory requirements;

• • Perform temporary maintenance, fix bugs, implement technical adjustments, and make improvements;

• • Update or upgrade a Game, including updating the structure, design, or layout of a Game;

• • Balance, improve, update, or renew a Game;

• • Ensure the security of a Game; and

• • Combat illegal and/or harmful activities and the use of unauthorized programs or other activities which breach these Terms.

If you have an active Subscription, such changes will only take effect following the end of the then-current Subscription period.

4.9

We may revise the pricing for Virtual Goods and Virtual Money at any time. We may also revise the pricing for Subscriptions offered through the Services with reasonable notice to you and in accordance with applicable law, but if you have an active Subscription such changes will only take effect following the end of the then-current Subscription period. When we give you notice, we will remind you that your continued use after the end of your then-current Subscription period means that you accept the new Subscription prices. To the maximum extent permitted by applicable law, if you don’t cancel before the price changes come into force, you will be deemed to have accepted those modifications. If you reside in the European Economic Area, nothing in this paragraph 4.9 is intended to affect your statutory rights, and we will enact any price revisions in accordance with applicable law.

4.10

We may limit the total amount of Virtual Content that may be purchased at any one time, and/or limit the total amount of Virtual Content that may be held in your account in the aggregate. You are only allowed to obtain Virtual Content from us or our authorised partners through the Services, and not in any other way.

4.11

Depending on your platform or method of purchase, any Virtual Content purchased may be subject to your platform provider’s or relevant payment intermediary’s terms of service and user agreement. Usage rights for each purchase may differ from item to item. For the Apple App Store, please review the Apple Media Services Terms and Conditions. For the Google Play Store, please review the Google Play Terms of Service. For purchases made through any other intermediary, please review the appropriate terms. If you are unsure about usage rights you should check with your platform, the relevant payment intermediary, or our customer support team before making a purchase. Unless otherwise shown, content available in any in-game store has the same age rating as the Game.

4.12

Without limiting paragraphs 3.7, 3.9, 4.5, or 7.1, if we suspend or terminate your account in accordance with these Terms you may lose any Virtual Goods and/or Virtual Money that you may have and we will not compensate you for this loss or make any refund to you. If you have an active Subscription at the date of termination it will not auto-renew at the end of the then-current Subscription period.

4.13

The charge for any Virtual Content that you can purchase via our Services will be as stated in our Services at the time you place the order, except in the case of obvious error. The charge is inclusive of all sales taxes and other charges. Depending on which bank you use, additional charges may be issued by your bank; we have no control over this and accept no liability in relation to the same. If you are unsure whether you will be subject to such additional charges then you should check with your bank before making a purchase. We accept payment via our payment processing partners by credit card, debit card, carrier billing, and any other payment method we expressly authorise during the payment process. Our payment processing partners may have their own terms and conditions and you should ensure you agree with these prior to making any payment. If your transaction with our payment processing partners is not successful, then your purchase will not be fulfilled. Upon the completion of a successful payment transaction, your purchase will be fulfilled to you as soon as possible – we will endeavour to fulfil your order immediately at the point of purchase.

Subscriptions

 

• • 4.14 Payment for a Subscription will be charged to your account at the point of purchase and, for renewals, will be taken within the 24 hours prior to the expiry of the then-current Subscription period. Your Subscription will automatically renew on the basis communicated to you in writing unless you turn off auto-renew via your platform settings at least 24 hours before the end of the then-current Subscription period. Your Subscription is linked to your platform account and cannot be transferred between platform accounts. You agree that sales of Subscriptions are final and that cancellation is not permitted mid-way during an active Subscription period (subject to paragraph 4.15 below if you reside in the European Economic Area).

• • 4.15 For residents of the European Economic Area, if you have purchased a new Subscription, you have the right to withdraw from the purchase and the applicable purchase terms within fourteen (14) calendar days for any reason, subject to the below. This right of withdrawal does not apply to renewals of your existing Subscription. Your right of withdrawal starts from the day after your purchase of the Subscription. Instructions on how to exercise this right are set out at the end of these Terms in Appendix 1 (Section A: ‘Information concerning the exercise of the right of withdrawal’). For residents of the United Kingdom and countries outside of the European Economic Area, when you purchase a Subscription from us and receive immediate access to it, you will be asked to acknowledge that this means you will lose your statutory right to withdraw from the purchase.

5. User conduct and content

5.1

You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions and, if applicable, stop accessing and/or using our Services. You must also comply with our Code of Conduct when you use our Services.

5.2

You promise that all the information you provide to us on accessing and/or using our Services is and will remain true, accurate, and complete at all times. To comply with local law, we may use information that we ask you to provide, such as your date of birth or age, to tailor your experience in our Games or other Services.

5.3

Information, data, software, sound, photographs, graphics, video, messages, tags, usernames, guild names, or other materials may be sent, uploaded, communicated, transmitted, or otherwise made available via our Services by you or another user (“Content”). You understand and agree that all Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit, or otherwise make available via our Services.

5.4

You agree not to upload, communicate, transmit, or otherwise make available any Content or otherwise use the Services in any way:

 

• • That is or could reasonably be viewed as unlawful, fraudulent, harmful, harassing, grooming, defamatory, libellous, obscene, or otherwise objectionable;

• • That is or could reasonably be viewed as toxic and/or abusive behaviour, or behaviour that is intended to unreasonably undermine or disrupt the Game experiences of others or affect other players;

• • That is or could reasonably be viewed as invasive of another’s privacy or violate any privacy rights;

• • That is likely to, or could reasonably be viewed as likely to incite, depict, or promote violence, terrorist or other illegal activities, or racial or ethnic hatred;

• • Which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else, or confidential information);

• • Which infringes any intellectual property right or other proprietary right of others;

• • Which consists of any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of solicitation; or

• • Which contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

5.5

You agree that you will not:

 

• • Use our Services to harm anyone or to cause offence to or harass any person, or otherwise use our Services to act in a way that is intended to unreasonably undermine or disrupt the Game experiences of others or affect other players (including, without limitation, engaging in toxic or abusive behaviour);

• • Use the Services or any third-party systems to commit an illegal or fraudulent action that is prohibited under applicable laws and/or under these Terms;

• • Exploit, in its entirety or individual components, the Services for any purpose not expressly authorised by us, including, without limitation:
    

     

    • • Playing the Game(s) at commercial establishments;
    • • Gathering in-game features or Virtual Content for sale/selling/exchanging outside of our Services;
    • • Performing in-game services including, without limitation, account boosting or power-levelling, in exchange for payment or otherwise;
    • • Communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation, or offer through or within the Services; or
    • • Organising, promoting, facilitating, or participating in any event involving wagering on the outcome, or any other aspect of, our Games, whether or not such conduct constitutes gambling under the laws of any applicable jurisdiction, without authorisation.

• • Share your Limbro Account or login information with anyone, unless these Terms allow it;

• • Use another person or entity’s email address in order to sign up to use our Services;

• • Use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity, or our Services);

• • Disguise, anonymise, or hide your IP address or the source of any Content that you may upload;

• • Use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;

• • Remove or amend any proprietary notices or other ownership information from any part of our Services;

• • Interfere with or disrupt our Services or servers or networks that provide our Services;

• • Attempt to modify, decompile, reverse engineer, disassemble, or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed, or stored by us;

• • ‘Harvest’, ‘scrape’, or collect any information about or regarding other people that use our Services, including, but not limited to, any personal data or information (including by uploading anything that collects information including but not limited to ‘pixel tags’, cookies, graphics interchange formats (‘gifs’), or similar items that are sometimes also referred to as ‘spyware’ or ‘pcms’ (passive collection mechanisms));

• • Sell, transfer, or try to sell or transfer a Limbro Account or any part of a Limbro Account, any in-game features, or any Virtual Content (including, without limitation, any sale of Virtual Money and/or Virtual Goods for real money or for other value outside of the relevant Game);

• • Disrupt the normal flow of a Game or otherwise act in a manner that is likely to negatively affect other players’ ability to compete fairly when playing our Games or engaging in real-time exchanges;

• • Disobey any requirements or regulations of any network connected to our Services;

• • Use our Services in violation of any applicable law or regulation;

• • Use our Services to cheat or design or assist in cheating (for example, by using automated means or third-party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these Terms;

• • Be abusive, aggressive, demeaning, or conduct offensive behaviour towards Limbro’s customer service representatives by any means like chat, email, phone, or any other means of communication; or

• • Use our Services in any other way not permitted by these Terms.

You acknowledge that we may use your gameplay information and/or your personal data to monitor, detect, investigate, and enforce compliance with Section 5.4, 5.5, and other provisions of these Terms. This includes, without limitation, identifying activities such as abusive behaviour, exploitation of game mechanics, or any behaviour that violates applicable laws and regulations. For more information on how we use your personal data, please see our Privacy Policy.

5.6

While we take steps to moderate Content on our Services, we do not control Content posted on our Services by other people and therefore we do not guarantee the accuracy, integrity, or quality of that Content. You understand that when using our Services, you may be exposed to Content that you may consider offensive, indecent, or objectionable. Excluding residents of the United Kingdom or the European Economic Area, and to the fullest extent permitted under applicable law, under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted, or otherwise made available via our Services.

5.7

If you are concerned that someone else is not complying with any part of these Terms or the Code of Conduct or you believe you have been exposed to inappropriate Content, please contact us here: admin@limbrogames.com

5.8

We take the following steps to help keep our Services safe and fun for our players:

 

• • We use appropriate tools and procedures to proactively monitor Content across our Services. For example, we use automated content filters to exclude content that is illegal, harmful, or otherwise not permitted by these Terms, and Limbro’s Community forums are proactively monitored by human moderators.

• • We provide reporting functionality in our Services where relevant, enabling players to report inappropriate Content to us. You may always report inappropriate Content as described in Section 5.7.

• • We take timely action on reports from players about inappropriate Content across our Services (such as usernames, profile photos, in-game chat messages, and Limbro’s Community forum posts).

5.9

We have the right to remove uploaded Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these Terms, or that it may bring us or our Services into disrepute.

5.10

You are solely responsible for your interactions with other users of our Services. To the fullest extent permitted under applicable law, you agree that you will not hold Limbro LLC liable for any loss or damage arising from the Content (yours or another user’s) including without limitation in respect of any defamation, harassment, or false endorsement claims.

5.11 Use of the Services

You may only use our Services and any materials found in them (including, but not limited to, any images, logos, designs, insignia, marks, pictures, sounds, text, messages, tools, software, technology, products, files, information, data, demos, promotional materials, audiovisual and multimedia works, and any other items or expressions) (collectively, “Materials”) in accordance with these Terms and you agree to comply with these Terms at all times. Limbro LLC grants you a non-exclusive, non-transferable licence to access and use the Services for your personal use only, unless we expressly state otherwise in writing. Such licence is subject to these Terms and does not include:

 

• • (a) Any commercial use of the Services, or the Materials therein;

• • (b) The distribution, public performance, public display, making publicly available, or other unauthorised exploitation of any Materials;

• • (c) Modifying or otherwise making any derivative uses of the Services or the Materials, or any portion thereof;

• • (d) Downloading (other than page caching) of any portion of the Services, the Materials, or any information contained therein, except as expressly permitted on the Services; or

• • (f) Any use of the Services or the Materials other than for their intended purposes.

Any use of the Services or the Materials other than as specifically authorised herein, without the prior written permission of Limbro LLC, is strictly prohibited.