Maliyo Games (“Maliyo”, “we”, “our” or “us”) operates the Maliyo website (the “site”), provides various games (the “app”), and offers certain other features, content, or contests from time to time (the site, apps, and more generally your use of any Maliyo products or services shall hereinafter sometimes be collectively referred to as the “Services”).
These terms of use (“Agreement”) include our policy for acceptable use of the services and govern your rights, obligations, and restrictions. You are only authorized to use the services if you agree to abide by all applicable laws and this agreement. By using the services, you agree to be bound by this agreement. Use of the service is also governed by Maliyo’s privacy policy and other relevant policies, which are incorporated herein by reference.
By installing, using, or accessing the services, you are indicating your acceptance of these terms of use. If you do not agree to these terms, please refrain from installing, using, or accessing the service. The use of the service is not permitted where prohibited by law.
Maliyo reserves the right, at its discretion, to change, modify, add, or remove portions of these terms of use, its privacy policy, and other relevant Maliyo policies at any time by posting the amended terms on the service. You will be deemed to have accepted such changes by continuing to use the service. If at any point you do not agree to any portion of the then-current version of our terms of use, our privacy policy, or any other Maliyo policy, rules, or codes of conduct relating to your use of the service, your right to use the service shall immediately terminate. You must immediately stop using the service.
Your access and use of the services constitute your representation and warranty that you are of legal age to form a binding contract, and if not of legal age, that you access and use the services with the permission of a parent or legal guardian and that you are not a person barred from using or receiving the services by any local, state, federal or international law.
To participate in certain services, you may be notified that you must agree to additional terms and conditions hereby incorporated into this Agreement by this reference, but such additional terms and conditions shall control solely for the applicable service.
Maliyo grants you a limited, non-exclusive, non-transferable, non-sublicensable revocable license to use and display the following: (a) the portions of the service that are freely accessible from Maliyo games’ site or that are, with Maliyo’s authorization, made freely accessible from third party websites or sources, and (b) such other portions of the service accessible on a “for-payment” basis, provided that you have paid the applicable fees and satisfied all applicable conditions. The license in the preceding sentence is (i) solely for your personal, non-commercial use; (ii) solely for a single device or computer to access the site and solely on a device to access applications; and (iii) subject to your compliance at all times with these terms of use.
You agree not to (and not to attempt to) (i) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Service or any portion of the service, except as expressly permitted in these terms of use; or (ii) use the service for any use or purpose other than as expressly permitted by these terms of use; or (iii) use or take part (directly or indirectly) in the use of cheats, exploits, automation software, emulators, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the service, any of our games or game experience. Neither Maliyo nor any of Maliyo’s subsidiaries, agents, or parties grant to you any licenses or rights except for the licenses and rights expressly granted in these terms of use; or (iv) disrupt, interfere with, or otherwise adversely affect the normal flow of the service or otherwise act in a manner that may negatively affect other users’ experience when using the service or playing Maliyo’s games. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the service to gain an unfair edge over other players, and any other act that intentionally abuses or goes against the design of the service.
The services may offer functionalities that allow you to engage with businesses not owned or operated by us, enabling you to order products, access information, and utilize services. However, you must understand that any transactions you undertake with these third-party entities are solely between you and them. We do not endorse, warrant, or guarantee these businesses’ products, information, or services, nor do we assume liability for their accuracy, completeness, or quality.
The responsibility for purchases, payments, warranties, guarantees, deliveries, maintenance, and all other related matters rests solely with you and the respective third-party businesses. We are not involved in monitoring these transactions or ensuring the confidentiality of your financial information. Any charges or obligations arising from your interactions with these third parties are your responsibility and are separate from any fees charged for our services. Furthermore, the services may prompt you to create an account with a third-party service provider unrelated to us. Your agreement with such a service provider is entirely between you and them; we are not party to it. Any disputes or issues you encounter with these third-party service providers must be resolved directly between you and the provider.
In summary, while the services may facilitate interactions with third-party entities, the terms, conditions, and responsibilities associated with such interactions are governed solely by your agreements. We act solely as a platform provider and are not liable for any disputes or issues arising from your interactions with third parties.
Recognizing that the service is a dynamic platform that evolves is important. Maliyo reserves the right to implement updates to the service and the games it offers, which may necessitate your acceptance. This could include updates to improve performance, enhance security, or introduce new features to enrich your gaming experience. You acknowledge and consent to Maliyo’s ability to update the service and its games, with or without prior notification. These updates may be essential for maintaining compatibility, ensuring optimal functionality, and providing access to the latest features and content.
Please be aware that periodic updates to third-party software may also be required to utilize the service and enjoy Maliyo’s games fully. By staying current with these updates, you can ensure seamless integration and continued enjoyment of the gaming experience provided by Maliyo.
You agree that the service materials are protected. Their use, copying, and dissemination may be restricted by applicable intellectual property and other laws in Nigeria, Ghana, Kenya, and other jurisdictions. Maliyo Games and its licensors reserve all rights not expressly granted by these terms of use. No license is granted hereunder by estoppel, implication, or otherwise. You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit, or in any way exploit any portion of the service or service materials other than user content (as defined below), nor will you attempt to do so, except as expressly permitted in writing by Maliyo and, as applicable, the owner of such service materials (from whom you are solely responsible for obtaining permission).
Maliyo owns, has licensed, or otherwise has rights to use all of the content that appears in the service or Maliyo’s games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the service, including without limitation the virtual items, content, features, goods, services, or currency appearing or originating in any of Maliyo’s game, whether earned in a game or purchased from Maliyo, or any other attributes associated with the service.
The service may invite or enable you and other users to create, submit, record, post, display, transmit, perform, publish, or distribute communications (including but not limited to voice communications), content, and materials (including without limitation text, writings, photographs, graphics, images, comments, chat text, personally identifiable information, etc.), including by making the foregoing available to Maliyo and other users of the service, whether via e-mail or through online forums, chat rooms or features, message boards, messaging services, blogs or other functionality of the service or portions thereof (collectively, “user content”). Maliyo has no obligation to accept, display, review, maintain, or otherwise exploit any user content.
“service materials” means all information and materials that are part of the service, including without limitation the following: any and all copyrightable material, including software; the “look and feel” of the service or portions thereof; the compilation, assembly and arrangement of the materials of the service or portions thereof; photographs; graphics; layout; text; images; audio; video; designs; advertising copy; data; logos; domain names; trademarks, service marks, trade names and other source identifiers; and user content.
By uploading user content to the services, you grant Maliyo a nonexclusive, transferable, sublicensable, worldwide, royalty-free, perpetual license (or for the maximum duration permitted under applicable law) to utilize, modify, create derivative works, publicly display, perform, market, promote, and distribute your user content. This allows Maliyo to operate and provide the services and content to you and others. By agreeing to these terms, you permit Maliyo to freely exercise these rights, including
You are accountable for all your user content. You confirm that you own or have the necessary rights to grant us the license to your user content. You also ensure that neither your user content nor its use by Maliyo will infringe upon third-party intellectual property rights, rights of publicity or privacy, or violate any laws. You agree not to assert moral rights against Maliyo or its designated third parties to the extent permitted by law.
The service may include virtual currency, such as coins, points, or similar items that may be earned or obtained through the service or otherwise purchased by you for legal tender or actual currency, subject to applicable law (“in-game currency”). The service may also include virtual digital items, such as commodities, abilities, or other goods that may be earned or obtained through the service or otherwise purchased by you for legal tender or actual currency or in-game currency, subject to applicable law (“in-game goods”). Maliyo reserves the absolute right, at any time and at its sole discretion, to manage, regulate, control, modify, or eliminate in-game currency and/or in-game goods. Maliyo shall have no liability to you or any third party if Maliyo exercises any such rights. You have no right, title, or interest in or to any such in-game goods or in-game currency appearing or originating in the service except the following: you will have a limited, personal, non-transferable, non-sublicensable, revocable license to use, solely within the service, in-game goods and in-game currency that you have earned, purchased or otherwise obtained in a manner authorized by Maliyo.
You agree that the transfer of in-game currency and in-game goods is prohibited except where expressly authorized in the service. Also, outside of the service, you shall not sell, redeem, or otherwise transfer in-game currency or in-game goods to Maliyo, any other user of the service, or any other party.
You agree that all sales of in-game currency and in-game goods are final and non-refundable unless Maliyo or the applicable third-party platform decides to provide a refund at its sole and absolute discretion.
Our services are intended for personal use exclusively. They may not be employed for any commercial purposes unless explicitly authorized or endorsed by us. Any usage of the services that breach this condition, such as transmitting advertisements or solicitations through electronic or other methods for sending unsolicited emails or unauthorized framing or linking to the services, is strictly prohibited.
By utilizing the services or sending emails to us, you engage in electronic communication with us. You hereby consent to receive communications from us electronically. We will correspond with you via email or by posting notices on this site. You acknowledge that all agreements, notices, disclosures, and other communications provided to you electronically are legally valid.
When utilizing our site/game, you may encounter advertising content. By doing so, you affirm your agreement with our privacy policy regarding advertising practices. for a comprehensive understanding of our advertising approach, please consult our privacy policy.
It is important to note that Maliyo does not assume responsibility for any third-party products or services advertised within our site/game. While we strive to provide a safe and enjoyable experience, the inclusion of such advertising content does not imply endorsement or responsibility on our part.
The term “event(s)” encompasses any in-person gathering, activity, or similar function directly organized, hosted, or managed by Maliyo, including any promotion (as defined below). By registering for or, where applicable, purchasing tickets (including any optional add-on purchases of additional gameplay experiences and/or physical merchandise) for an event, you affirm that the information you provide is accurate and true. If you are registering or purchasing tickets on behalf of others, you warrant that you possess all necessary rights and consents to register and provide this information for them.
Subject to applicable law and the exceptions specified in these terms, event tickets (including any add-on purchases) are non-refundable, non-transferable, and cannot be exchanged. Admission to an event may require reasonable proof of identity, such as a national identity document or passport, displaying the same first and last name as provided during registration. The resale of tickets, whether successful or attempted, may result in their revocation without reimbursement. Tickets acquired from unauthorized sources may be invalid, stolen, lost, or counterfeit and may not be honored. Lost, stolen, or damaged tickets cannot be replaced. Commercial use of tickets without written consent from Maliyo is prohibited. Tickets hold no cash or credit value. You agree to adhere to any published ticket limitations or restrictions; orders that exceed or contravene these limitations may be canceled without prior notification or refund. Events may feature limited space and/or availability, and Maliyo does not guarantee your ability to purchase a ticket or attend an event.
Unless otherwise prohibited under applicable law, by attending an event, you acknowledge that Maliyo will use your data collected according to the privacy policy to provide event features (both in person and online), including contacting you and giving you updates about the event, mailing you required materials (e.g., a QR wristband), providing emergency or severe weather notifications, or public event leaderboards and gameplay competitions.
You consent to and approve of Maliyo’s recording of your image, likeness, name, dialogue, biographic information, personal characteristics, and voice at events and the royalty-free use of this information subject to the same “rights granted by you” above. Maliyo may publish the results of any competitions (including rankings and any winners), gameplay statistics, and pictures of participants in promotional and marketing materials and on social media under these terms.
Maliyo may offer you early access to certain pre-release game software (“beta game”) to allow you to test and provide feedback on beta games as part of Maliyo’s beta testing program (“beta program“). This section only applies to closed beta programs, where Maliyo offers private access to selected testers. It does not apply to open betas that Maliyo makes publicly available on an application publishing store.
You acknowledge that any product features or content, game documentation, promotional materials, and/or any other information that may be provided to you in connection with the beta program (“test materials”), the beta game, and everything related to the beta program is the exclusive property of Maliyo, is confidential and should be treated as confidential until Maliyo releases the same.
If Maliyo offers you access to the beta game, then, subject to your compliance with these terms, Maliyo grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the beta software solely for testing and providing feedback on the beta game as part of the beta program.
Without limiting the foregoing and except as prohibited under applicable law, the following are prohibited, and you may not:
Be careful when playing or interacting with the beta game in public. do not allow anyone to see, hear, film, or photograph the beta game.
Maliyo may collect your comments, suggestions, and feedback on the game and may also track your use of the game through analytic tools under Maliyo’s privacy policy. All such comments, suggestions, feedback, and analytic data (collectively, the “beta feedback”) are Maliyo’s exclusive property.
You understand and agree that participation in the beta program is voluntary and does not create a legal partnership, agency, or employment relationship between you and Maliyo, and you will not be compensated for your participation or any beta feedback.
Unless prohibited by applicable law, all test materials are provided to you “as is” without any explicit or implicit warranty of any kind. You understand that the beta game is in development and may contain errors, bugs, and other problems that could cause loss of data and/or system failure. You should install the beta game on non-production devices that are not business-critical and have been backed up. To the extent permitted under applicable law, Maliyo shall not be in any way liable for any damages you might incur as a result of your participation in the beta program.
You agree that any breach of your confidentiality obligation will result in irreparable harm to Maliyo, the extent of which would be difficult to ascertain, and that monetary damages will not be an adequate remedy. Accordingly, you agree that in the event you breach your confidentiality obligation, Maliyo will be entitled to injunctive or other equitable relief as the court deems appropriate, in addition to any other remedies that it may have available.
Except content posted by users of the services (“user content”), all materials contained on the services, including all content, the virtual items and the software, graphics, text, and look and feel of the sites, and all trademarks (including Maliyo and the titles of all of our games), copyrights, patents and other intellectual property rights related thereto (“proprietary materials”), are owned or controlled by Maliyo, our subsidiaries or affiliated companies, our third-party licensors, and/or our advertising partners. You may not modify, 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 services, in whole or in part. Subject to your compliance with this agreement and any other relevant policies related to the services, we grant you a non-exclusive, non-transferable, revocable limited license subject to the limitations herein to access and use the services and proprietary materials for your own non-commercial entertainment purposes consistent with the intended purpose of the services. You agree not to use the service for any other purpose.
“Maliyo Games,” the Maliyo logo, and other logos and product and service names associated with Maliyo Games. are trademarks and service marks owned by Maliyo. Any use or display of these trademarks without explicit permission, including using them as “metatags,” is prohibited except as expressly permitted in these terms of use.
It is important to recognize that all third-party trademarks and service marks featured on the service belong to their respective owners, and all rights on them are reserved. Any use of third-party trademarks or service marks must comply with the terms and conditions set forth by their respective owners. We do not claim ownership or control over these third-party trademarks and service marks, and their appearance on the service does not imply endorsement or sponsorship by Maliyo.
if you suspect that any content, including user content, or other materials posted on the services violates your copyrights or trademarks, we are dedicated to promptly addressing any properly submitted notice containing the following details. Please send all notices to admin@Maliyo.com. For a notice of infringement to be valid, it must be a written communication, including
We treat these matters seriously and will promptly investigate and take necessary action in response to valid infringement notices.
Maliyo acknowledges that unforeseen events or circumstances beyond its control may occasionally arise, impeding its ability to fulfill obligations promptly. As such, Maliyo shall not bear liability for any delays or failures in performance stemming from factors beyond its reasonable control. These factors include, but are not limited to:
Maliyo endeavors to mitigate the effects of such events and resume operations promptly following their resolution. However, it is understood that during these exceptional circumstances, Maliyo’s performance may be temporarily impacted, and it shall not be deemed in breach of contract for any resulting delays.
By agreeing to these terms, you agree to indemnify and hold Maliyo, its subsidiaries, affiliates, and all associated officers, agents, partners, and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, brought forth by any third party as a result of your use of the services in violation of this agreement. Furthermore, this indemnification extends to any breaches of this agreement, including your representations and warranties outlined above. Additionally, suppose any content provided by you (referred to as “your content”) causes Maliyo to be held liable to another party. In that case, you agree to indemnify Maliyo for any resulting damages or claims.
Both you and Maliyo acknowledge that if any part of these terms of use is deemed illegal or unenforceable, either in whole or in part, by a court of competent jurisdiction, such provision shall be ineffective solely within that jurisdiction to the extent of its invalidity or unenforceability. However, this shall not affect the validity or enforceability of the provision in any other manner or jurisdiction, nor shall it impact the remaining provisions of the terms, which shall remain fully valid and enforceable.
We provide the services and content “as is” without any warranties to the extent permitted by applicable law. This means that we do not make any guarantees regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any content. We explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or noninfringement, as well as any warranties arising from the course of dealing or usage of trade. Additionally, we do not warrant that the services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
You acknowledge and agree that your use of the services entails certain risks, particularly in your online or offline communications and interactions with other users or individuals you encounter as a result of using the services. It’s important to note that we do not screen or investigate the backgrounds of our users, and we make no representations or warranties regarding their conduct. Therefore, you should exercise caution in all your communications and interactions with other users or individuals you meet through the services, especially if you choose to meet offline or in person.
Under the fullest extent permitted by applicable law, the Maliyo parties shall not be responsible or liable to you for any indirect, incidental, consequential, special, exemplary, punitive, or other damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses, arising out of or relating in any way to these terms of use or the service, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not any Maliyo party has been advised of the possibility of such damages.
Ultimately, you assume all risks associated with your use of the services, including any interactions or communications with other users or individuals. While we strive to provide a safe and secure platform, we cannot guarantee the behavior or actions of others. Therefore, it’s essential to take reasonable precautions and use discretion in your interactions both online and offline.
to the extent permitted under applicable law, neither Maliyo nor any other party involved in creating, producing, or delivering the services or content will be liable to you for any indirect, Incidental, special, punitive, exemplary, or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services, arising out of or in connection with these terms, or from the use of or inability to use the services or content, or from any communications, interactions, or meetings with other users of the services or persons with whom you communicate or interact as a result of your use of the services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Maliyo has been advised of the possibility of such damages, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
To the extent permitted under applicable law, in no event shall Maliyo be liable to you for more than the amount you have paid to Maliyo under these terms of use in the six (6) months immediately preceding the date on which you first assert a claim. You acknowledge and agree that if you have not paid anything to Maliyo during such period, your sole remedy (and Maliyo’s exclusive liability) for any dispute with Maliyo is to stop using the service.
In the event of any dispute or claim arising from these terms of use, the privacy policy, or the use of the service between you and Maliyo, both parties agree to adhere to the processes outlined in this agreement for dispute resolution. Disputes encompass a wide range of claims, including legal, equitable, or statutory claims, related to these terms of use, the privacy policy, or the service and are applicable regardless of whether you continue to use the service or not. Additionally, these dispute resolution processes extend to disputes that may have arisen before the commencement of this agreement.
You agree that any claim or dispute arising out of or related to these terms of use, the privacy policy or the service shall be governed by the laws of the Federal Republic of Nigeria without regard to conflict of law provisions. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the Federal Republic of Nigeria for any litigation arising out of or relating to the use of or purchase made through the services (and agree not to commence any litigation relating thereto except in such courts). Parties specifically disclaim the application of the United Nations Convention on contracts for the international sale of goods. You acknowledge that the rights granted and obligations made to Maliyo under these terms of use are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to Maliyo for which remedies at law are inadequate. Maliyo shall, therefore, be entitled to seek injunctive or other equitable relief (without the obligation to post any bond) in the event of any breach or anticipatory breach by you. You hereby irrevocably waive all rights to seek injunctive or other equitable relief.
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