1. INTRODUCTION

Welcome to the Mango Hat Games website (the "Website"). These Terms of Service (referred to as "Terms") are an agreement between Mango Hat Games ("we", "us") and you, the user ("User", "you", "your") (collectively, the "Parties"). Mango Hat Games offers a gaming platform accessible via the web ("Platform"). A User is defined as anyone who visits the Website and/or Platform, plays web-based games, registers through any available forms, creates a login, subscribes, or enters into any other agreement with Mango Hat Games.

THESE TERMS DEFINE THE RELATIONSHIP BETWEEN YOU AND US, SUPPLEMENTED BY OUR PRIVACY AND COOKIE POLICY. BY PLAYING GAMES ON OUR PLATFORM OR OTHERWISE USING THE WEBSITE OR PLATFORM, YOU AGREE TO ABIDE BY THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS.

The Platform is designed for users who are thirteen (13) years of age or older, or the minimum age required in your country. If you are under thirteen (13) years old (or the applicable minimum age), the Platform is not intended for you. We do not knowingly collect or solicit personal information from children under the age of thirteen (13) (or the applicable minimum age) through our Platform.

By using the Website and/or Platform, you acknowledge that you are aware of, and agree to, the latest version of these Terms and our Privacy Policy as published on the Website. It is your responsibility to ensure that your use of any third-party websites or content complies with all applicable third-party requirements.

We may update these Terms periodically. If there are significant changes, we will notify you by email (if you have an account with us) or by posting a notice on the Website. The date of the most recent update will be noted. By continuing to use the Website or Platform after such updates, you agree to the revised Terms and agree to be bound by them. These Terms will remain in effect until terminated, either by you or by us, as outlined in these Terms.

2. ACCESS AND USE

You can access our Platform with or without an account. To create an account, log in to the Website, and/or engage with the Platform, you must meet the eligibility requirements and agree to the terms outlined below. Failure to meet these conditions may result in the termination of your account and the loss of access to the Website and Platform. Specifically, you agree to the following:

• You must be of legal age to give consent, or if you are a minor over thirteen (13) years old or the applicable minimum age in your country, you have your parents' (or legal guardian's) permission to access the Website, according to the laws applicable to you. We reserve the right to request proof of age at any time;
• The information you provide during registration must be accurate, complete, and up-to-date, and you must notify us promptly of any changes to that information;
• Your account is for your personal use only, and you may not allow others to use your account, login, or user ID to access or use the Website or Platform for any purpose. We are not responsible for unauthorized access to your account, and you accept responsibility for all activities that occur under your account or username.
• You are responsible for ensuring that your use of the Website and Platform complies with all applicable laws and regulations in your jurisdiction;
• You must not use the Website or Platform for any fraudulent or illegal activities;
• You acknowledge that we may determine your location based on your internet access and may block or restrict access if your participation in the Website or Platform is illegal or restricted in your location;
• You agree not to hide your identity, such as by using IP masking or accessing the Website through proxy servers; and
• You must use your account in full compliance with these Terms. We may suspend or terminate your access if you do not use the Website or Platform for an extended period.

You agree to use the Website and Platform only for its intended purposes and agree not to:

• Sublicense, lease, rent, lend, distribute, or transfer the Website and Platform to any third party;
• Decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of the Website or Platform;
• Copy or use the Website or Platform beyond what is expressly permitted in these Terms;
• Use the Website or Platform to send unsolicited emails or spam;
• Alter, remove, or obscure any copyright, trademark, or other proprietary notices on the Website or Platform;
• Intentionally distribute viruses, malware, or other harmful software, or use the Website or Platform for illegal, infringing, or fraudulent activities;
• Remove or circumvent any security measures on the Website or Platform;
• Use automated tools like robots or scrapers to access, copy, or monitor any part of the Website or Platform without our prior written consent, including user accounts, data, or other proprietary information.
• However, you may temporarily store copies of materials in RAM, cache files in your web browser, or print a reasonable number of pages from the Website, provided that you do not modify or remove any copyright or proprietary notices.

All content and opinions expressed or submitted on public areas of the Website, such as message boards, blogs, or chat rooms, are the sole responsibility of the person or entity sharing them and do not reflect the opinions of Mango Hat Games. You are responsible for the content you share and must ensure it is legal, reliable, and appropriate.

Additionally, you agree not to post or transmit any content through the Platform that is (a) threatening, harassing, hateful, or otherwise fails to respect the rights and dignity of others; (b) defamatory, fraudulent, or invasive of another's privacy; (c) obscene, indecent, or otherwise objectionable; or (d) protected by copyright, trademark, or other proprietary rights without the owner's express written consent.

3. THIRD PARTY WEBSITES AND PROMOTIONS

Summary: We do not have control over third-party services, and we are not responsible for any transactions you may engage in with them or for their actions. When you use third-party services, your security is your own responsibility. Additionally, please note that any promotions offered through our Platform may come with their own specific rules.

Our Website may contain links to other sites on the internet. Mango Hat Games does not take responsibility for, nor do we endorse, the content, products, services, or practices found on third-party websites, including, but not limited to, websites embedded within our Website or third-party advertisements. We make no claims about the quality, content, accuracy, or suitability of these websites in the context of your viewing or use. Your interaction with third-party websites is at your own risk and is governed by the terms of use of those sites.

IF YOU DECIDE TO PURCHASE A PRODUCT OR SERVICE FROM A THIRD PARTY, MANGO HAT GAMES IS NOT RESPONSIBLE FOR THOSE PRODUCTS OR SERVICES, AS WE ARE NOT A PARTY TO SUCH TRANSACTIONS. WE ARE NOT LIABLE FOR ANY DIRECT OR INDIRECT COSTS OR DAMAGES ARISING FROM ANY DISPUTE BETWEEN YOU AND THAT THIRD PARTY. MANGO HAT GAMES, AND ITS LICENSORS OR CONTRACTORS, MAKE NO EXPRESS OR IMPLIED WARRANTIES REGARDING THE GOODS OR SERVICES PROVIDED BY SUCH THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR COMPATIBILITY.

Any sweepstakes, contests, raffles, surveys, games, or similar promotions ("Promotions") offered through the Website may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules and our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will take precedence.

4.LIMITATION OF LIABILITY

Summary: As allowed by applicable law, our liability is limited to 100 EUR, given that our Platform is free to use.

TO THE EXTENT ALLOWED BY LAW, MANGO HAT GAMES, ALONG WITH ITS DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, CONTRACTORS, AGENTS, SUPPLIERS, OR AFFILIATES, WILL NOT BE HELD RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, LOSSES SUCH AS LOST PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR USE OF OR INABILITY TO USE THE PLATFORM; (II) ANY THIRD-PARTY BEHAVIOR OR CONTENT ON THE PLATFORM; (III) ANY CONTENT OBTAINED THROUGH THE PLATFORM; (IV) ANY ACTION RELATED TO INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT; (V) ANY DAMAGE CAUSED TO YOUR COMPUTER, SOFTWARE, OR HARDWARE, INCLUDING DAMAGE DUE TO SECURITY BREACHES, VIRUSES, BUGS, TAMPERING, FRAUD, ERRORS, DELAYS, OR MALFUNCTIONS; AND (VI) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO FAIL ITS ESSENTIAL PURPOSE.

Certain jurisdictions do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages. Therefore, some of the limitations stated above may not apply to you if you reside in one of those jurisdictions.

TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE MAXIMUM LIABILITY OF MANGO HAT GAMES TO YOU ARISING FROM THESE TERMS OF SERVICE WILL IN NO EVENT EXCEED ONE HUNDRED (100) EUR, GIVEN THAT THE USE OF THE WEBSITE IS PROVIDED AT NO COST. THESE LIMITATIONS WILL NOT AFFECT YOUR LEGAL RIGHTS AND DO NOT APPLY TO LIABILITY ARISING FROM (I) FRAUD, (II) GROSS NEGLIGENCE, (III) DEATH OR PERSONAL INJURY, AND/OR (IV) WILLFUL MISCONDUCT.

5.INDEMNIFICATION

Summary: If Mango Hat Games faces legal action or other harm due to your actions, you are responsible for covering the related costs and damages.

You agree to defend, indemnify, and hold harmless Mango Hat Games and its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (collectively, the "Indemnified Parties") from any and all liabilities, losses, damages, costs, and expenses. This includes, but is not limited to, legal fees, court costs, and any resulting judgments or settlements arising from or related to: (a) your use of our Platform; (b) your use of the Website; or (c) any other services provided through the Website.

6. HOSTING OF GAMES

Summary: We host games to support developers by offering additional exposure, and assume they would restrict their game if they didn’t want it hosted.

At MangoHatGames.com, we host games with the intention of supporting game developers by providing additional exposure to their in-game content, which usually includes links to their websites and in-game advertisements. We believe that this exposure benefits both the developers and the users by facilitating access to a broader audience.

We operate under the assumption that if a game developer did not wish for their game to be hosted on our platform, they would have implemented appropriate domain restrictions within their game or website. Our goal is to foster a mutually beneficial relationship with developers while offering a diverse range of games to our users.

7.TERMINATION OR DELETION OF ACCOUNTS

Summary: You have the ability to delete your account at any time through our Platform. Additionally, we reserve the right to terminate or suspend your access to the Platform if we believe you have violated our rules.

Mango Hat Games reserves the right to terminate these Terms and revoke your access to the Website and/or Platform, or to temporarily suspend your access, at any time without prior notice under the following conditions:

• If we reasonably believe that you have violated, or are likely to violate, any provision of these Terms;
• If we determine that termination or suspension is required by law or legal obligations;
• At our discretion, for any other reason we consider necessary or appropriate for suspension or termination.

We may also delete any account information or other content related to your use of the Website and/or Platform that is stored on our servers or otherwise in our possession. You acknowledge that we are not liable to you or any third party for any termination of your access to the Website and/or Platform.

You can delete your account at any time by going to account settings and selecting “Delete your account,” or you may request account deletion by contacting us via email.

8.INFORMATION, COMPLAINTS & COPYRIGHT CLAIMS

Summary: If you have any concerns, complaints, or believe your copyright has been infringed, you can contact us through specific channels. Any feedback you provide may be used by us at our discretion.

If you have any questions or issues related to our Platform or Website, we encourage you to use the appropriate forms or email. We are committed to addressing legitimate concerns and will review all communications submitted through these channels. If you prefer to send correspondence via mail, please be aware that response times may vary.

Your feedback is important to us. If you choose to share any ideas, suggestions, or comments ("Feedback"), you acknowledge that this Feedback is provided voluntarily and without any expectation of confidentiality. By submitting Feedback, you grant us the right to use, reproduce, modify, and distribute it without any obligation to compensate you. We may use this Feedback for various purposes, including improving our products and services, without requiring additional permission from you.

If you believe that any content on our Website or Platform infringes your copyright, you (or your authorized representative) may send us a notice requesting the removal or restriction of access to the material in question. Your notice should include the following details to help us identify and address the issue:

• Your physical or electronic signature, or that of the person authorized to act on your behalf;
• A description of the copyrighted work that you claim has been infringed, or if multiple works are involved, a list of these works;
• Details about the material that is allegedly infringing, including information that will help us locate it on our Website or Platform;
• Your contact information, including an address, telephone number, and email address;
• A statement affirming your good faith belief that the use of the material in question is not authorized by the copyright owner, its agent, or the law;
• A statement that the information provided in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

All copyright infringement notices and counter-notices must be sent to our designated agent using the contact information provided. Upon receiving a valid notice, we will take appropriate actions, such as removing the infringing content or disabling access to it. Be aware that submitting false or misleading claims in a DMCA notice or counter-notice can result in liability for damages, including legal fees. We strongly advise consulting a legal professional before filing such notices.

For U.S. Residents Only: If you believe that your intellectual property rights have been infringed, you may submit a DMCA notification by providing the following information to our copyright agent:

• A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work that has been infringed, or a list of such works if multiple are involved;
• Information about the infringing material, including its location on the Website or Platform, sufficient to help us locate and remove it;
• Your contact details, such as your address, phone number, and email address;
• A statement affirming your belief that the use of the material is unauthorized by the copyright owner or the law;
• A declaration that the information provided is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright.

If you believe that a game on our Platform is owned by you, you can contact us through a verified developer account on the Kongregate or CrazyGames platform after contacting us through our contact email and suggesting as such. This can be used to ensure the authenticity of the claim.

Contact us via email for copyright concerns. Once we receive your notification, we will take appropriate action, which may include removing the disputed content. We advise consulting with a legal professional before submitting any notices.

9.DISPUTES

Summary: Given the significant costs involved in legal disputes, we prefer to resolve any disagreements related to these Terms by first attempting to settle the matter in good faith through written communication.

Understanding that legal disputes can be costly, time-consuming, and exhausting, both you and Mango Hat Games agree to the following approach for resolving disputes: If any controversy, claim, action, or disagreement arises out of or relates to the breach, enforcement, interpretation, or validity of these Terms, the party raising the dispute will first make a genuine effort to resolve it by sending a written notice to the other party. This notice should be sent via registered mail and must detail the facts and circumstances of the dispute, including any relevant documentation. The receiving party will have 30 days from the date of the notice to respond.

Notices to Mango Hat Games should be sent to our designated email address. If you wish to contact us via mail, you may do so at our provided mailing address.

Unless you specify otherwise in your notice, Mango Hat Games will respond to your notice using the last email address you provided to us.

If the dispute cannot be resolved through this initial process, both parties agree to proceed with resolving the dispute as outlined in the following section of these Terms.

10.GOVERNING LAW AND JURISDICTION

The provision of our services and the Terms and Conditions stated herein are governed by applicable law, without regard to conflict of law principles. To the extent permitted by law, both parties agree to resolve any disputes arising out of or relating to these Terms under the exclusive jurisdiction of the appropriate courts, as determined by the governing law.