Terms and Conditions

Agreement To These Terms

These terms are an agreement between you and Mopoga, a free browser games website published at imopoga.com and operated from 248 W 35th St, New York, NY 10001, United States. In this document, "Mopoga", "we", "us" and "our" refer to that operation, and "you" means anyone who opens the site, plays a game or uses our repair counter.

By using Mopoga you accept these terms. If you do not accept them, please do not use the site. Our Privacy Policy forms part of this agreement and explains what happens to information collected while you are here.

Who Can Use Mopoga

Mopoga is a general audience website and is free for personal, non commercial use. Parts of the library are family friendly, but the site as a whole is not directed at children under 13.

If you are under the age of majority where you live, you may use Mopoga only with the knowledge of a parent or guardian, and that adult accepts these terms on your behalf. Parents and guardians are responsible for supervising what a child in their care plays and for the parental controls on the device being used.

You may not use Mopoga if we have previously suspended your access, or if the law where you live forbids it.

What Mopoga Provides

Mopoga is a catalogue of games that run inside your web browser. We list titles, write descriptions of them and give you a page from which each one can be started. Nothing installs on your device and no account is created.

Some games are hosted by us and some are made available through third party providers and load inside a frame on our page. Where a game comes from a third party, that provider decides how the game behaves and may set its own terms inside the game itself.

Game progress is saved to your own browser storage on your own device. It is not held in an account on our servers. If you clear your browser data, switch browsers or use a different device, that progress will not follow you.

Acceptable Use

You agree not to do any of the following while using Mopoga.

• Interfere with the site or the servers behind it, including denial of service attempts, flooding, or probing for vulnerabilities without our written permission.
• Scrape, crawl or bulk download the catalogue, or copy our descriptions and listings to build a competing directory.
• Reverse engineer, decompile or attempt to extract source code from the site or from any game, except where the law expressly allows it.
• Bypass, remove or interfere with advertising, security measures or access controls.
• Use automated tools to inflate play counts, ratings or any other metric.
• Upload or transmit anything unlawful, abusive, hateful, deceptive or infringing, or anything containing malware.
• Impersonate Mopoga, a member of our team or any other person.
• Use the site for any commercial purpose without our written permission.

We may suspend or block access to anyone who breaks these rules, and we may report unlawful activity to the appropriate authority.

Intellectual Property

What belongs to us

The Mopoga name, logo, page design, code, editorial writing and game descriptions are owned by us or licensed to us, and are protected by copyright and trade mark law. You may link to any page on Mopoga and you may quote a short extract with attribution. You may not copy our content wholesale, republish it, or present it as your own.

What belongs to other people

Each game, along with its artwork, characters, music and code, remains the property of the studio or publisher that created it. Listing a game on Mopoga does not transfer any right in it to us or to you, and does not imply that the publisher endorses us.

If you own something you see here

If you hold rights in a game, an image or any other material that appears on Mopoga and you believe it is being used without permission, write to info.imopoga@gmail.com. Tell us what the material is, where on the site it appears, what right you hold and how we can reach you. We review notices promptly and remove or disable material where the claim is well founded.

Third Party Games And Links

Mopoga links to and embeds content operated by other companies. We do not control those services, we do not review them continuously, and we are not responsible for their content, their availability or their terms.

When you start a third party game or follow a link away from Mopoga, that provider takes over. Read their terms and their privacy policy if the content matters to you. A link on our site is not an endorsement.

Comments, Feedback And Submissions

If you send us a comment, a bug report, a game suggestion or any other material, you keep ownership of it. You give us a non exclusive, worldwide, royalty free licence to use, reproduce and publish that material in connection with running and promoting Mopoga.

You confirm that anything you send is yours to send, that it does not infringe anyone else's rights, and that it is not unlawful or abusive. We may edit, decline or remove submissions at our discretion, and we are under no obligation to keep any submission confidential or to pay for it.

Ideas sent to us unsolicited may resemble things we are already working on. Sending us an idea does not create any obligation on our part.

Advertising

Mopoga may display advertising. Adverts are supplied by third party networks and their presence on a page is not an endorsement of the advertiser or the product. Any dealing you have with an advertiser is between you and them, and we are not a party to it.

Controller Repair Service

These clauses apply to hardware brought to our repair counter at 248 W 35th St FL1, New York, NY 10001. Walk in hours are Monday to Friday from 11:00 AM to 7:00 PM, Saturday from 11:00 AM to 6:00 PM and Sunday from 12:00 PM to 6:00 PM.

• Warranty. Work carried out by us is covered for 60 days from the day the device is returned to you. The warranty covers the specific repair we performed and the parts we fitted. It does not cover a new and unrelated fault, accidental damage, liquid damage, or damage caused by further modification after the device leaves us.
• Diagnosis. We will tell you what we believe is wrong and what a repair will cost before we carry it out. Some faults are only discoverable once a device is opened, and where that changes the price we will contact you before continuing.
• Risk. Repair carries inherent risk, particularly with devices that have already been opened, water damaged or previously repaired elsewhere. Where that risk is material we will say so before starting.
• Data. We do not access, copy or retain data stored on hardware left with us. Back up anything you care about before handing a device over.
• Uncollected items. Please collect your device promptly. We will attempt to contact you using the details you gave us, and storage beyond a reasonable period may be subject to a fee or to disposal in line with New York law.
• Proof of ownership. We may decline to work on hardware where ownership is unclear.

Nothing in this section limits any statutory right you have as a consumer under New York or United States law.

Availability And Changes

We work to keep Mopoga online, but we do not promise uninterrupted access. The site may be unavailable during maintenance, during an outage at a provider we depend on, or for reasons outside our control.

We may add games, remove games, change how a page works or discontinue a feature at any time. A game that was in the library yesterday may not be there tomorrow, usually because a licence changed or a provider withdrew it. We are not liable to you for any change or removal.

Disclaimer

Mopoga and everything on it are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non infringement.

We do not warrant that the site will be uninterrupted, secure or error free, that every game will run correctly on your device, that defects will be corrected, or that the site is free of harmful components. Any material you download or access through the site is obtained at your own discretion and risk.

Some jurisdictions do not allow the exclusion of certain warranties. Where that is the case, the exclusions above apply only to the extent the law permits, and you may have rights that these terms cannot take away.

Limitation Of Liability

To the fullest extent permitted by law, Mopoga and the people who work on it will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost data or loss of goodwill, arising out of your use of the site or your inability to use it, whether the claim is brought in contract, in tort or on any other basis.

Where liability cannot be excluded, our total liability for any claim connected to the site is limited to one hundred United States dollars, or the amount you paid us in the twelve months before the claim arose, whichever is greater. Liability arising from the repair service is dealt with in the repair section above.

Nothing in these terms excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded.

Indemnity

You agree to indemnify and hold Mopoga harmless from any claim, demand, loss or reasonable legal cost brought by a third party and arising from your breach of these terms, your misuse of the site, or your infringement of someone else's rights.

Suspension And Termination

We may restrict or withdraw your access to Mopoga at any time, without notice, if we reasonably believe you have broken these terms or that your use is harming the site or other visitors. You may stop using Mopoga at any time simply by closing the page.

The sections on intellectual property, disclaimers, limitation of liability, indemnity and governing law survive any termination.

Governing Law And Disputes

These terms are governed by the laws of the State of New York and the applicable federal laws of the United States, without regard to conflict of law rules. You and we agree that the state and federal courts located in New York County, New York have exclusive jurisdiction over any dispute arising from these terms or from your use of Mopoga, subject to any mandatory rights you have to bring proceedings where you live.

Before starting formal proceedings, please write to us. Most disputes are settled faster by email than by lawyers, and we would rather fix a problem than argue about it.

If any provision of these terms is found to be unenforceable, the rest remains in force and the unenforceable provision is applied to the maximum extent the law allows.

Changes To These Terms

We update these terms when the site changes or when the law does. The date at the top of the page always shows the last revision. Where a change materially affects your rights we will make that clear on the site rather than quietly editing the text.

Continuing to use Mopoga after a revised version is published means you accept it.

How To Contact Us

Questions about these terms, rights notices and disputes all go to the same place, and a person will answer.