WALKABOUT MINI GOLF

TERMS OF SERVICE

As an independent development team of passionate artists and gamers, we are establishing these rules because we care intensely about the player experience and so that our small team and our volunteer moderators can focus their time and energy on making things better for as many people as possible. We understand that a community like this is rare and precious, which is why we are establishing these terms of service because we believe clarity is kindness. We thank you for respecting these rules and each other. — The Mighty Coconuts

Please note that by accessing the WALKABOUT MINI GOLF GAME (the “Game”) you agree to abide by these Terms of Service (the “Terms”) and a legally binding agreement is created between you and Mighty Coconut. Depending on where you are based or your country of residence, certain provisions or exceptions may apply specifically to you notwithstanding what is set forth in these Terms. Mighty Coconut may also provide products and services which are governed by separate terms. If you do not agree to these Terms, you may not access the Game.

Mighty Coconut reserves the right to disable access temporarily or permanently to the Game for anyone who violates the Terms. Mighty Coconut may otherwise disable access to the Game at its sole and absolute discretion and may do so without notice. 

The Terms and Game are subject to periodic changes and Mighty Coconut reserves the right, at its sole and absolute discretion, to update or revise the Terms or Game at any time. Your continued playing of the Game constitutes your binding acceptance of the Terms, including any changes or modifications made by Mighty Coconut.

By accessing the Game, you warrant that you have read and accepted the Mighty Coconut privacy policy, which can be found on Mighty Coconut’s website. The privacy policy provides you with information regarding how Mighty Coconut processes the personal data that you transmit through and in relation to the Game.

GENERAL/MINORS

1.1. These Terms govern your use of the Game.

1.2. For the purpose of these Terms, the term Game includes the software of the video game itself, all of its components (e.g., the source code), and content (e.g., graphical or musical content).

1.3. These Terms apply to the Game and all of its future updates and expansions.

1.4. You must be 13 years or older to be entitled to access and play the Game, unless otherwise explicitly stated and to the extent permitted by applicable law. The Game is not intended for children under the age of 13. Children under the age of 13 may not access and play the Game. Any registration by, use of or access to the Game by anyone under 13, or by anyone who is under 18 acting without parental or guardian consent, is unauthorized, unlicensed, and in violation of these Terms. If you are a minor (over 13 but below the legal age of majority in your country), please have the Terms reviewed and agreed to by your parent or legal guardian.

1.5  To the fullest extent permitted under applicable law, Mighty Coconut declines any responsibility regarding any activities conducted by a child under 18 years of age (with or without the permission of a parent or guardian). If you are a parent or guardian, and you give your consent and permission for your child under 18 years of age (and at least 13 years of age) to register and use the Game, you hereby agree to the terms relating to access to the Game by your child under 18 years of age and you shall ensure and be solely responsible for your child’s strict compliance at all times with the terms.

APPLICATION OF A DISTRIBUTER’S TERMS AND CONDITIONS

2.1. We generally use the services of a distributor to market and distribute our Game. The distributor usually has its own terms and conditions governing your use of its services and the distribution of software via its services to you. If there is anything in the distributor’s terms and conditions that overlaps with the legal matters regulated in these Terms, the distributor’s terms and conditions take precedence unless provided otherwise.

2.2  To access and play certain versions of the Game or access certain additional content, premium services, etc. (“Purchasable Content”), you may be required to pay certain fees. All fees regarding the Game and Purchasable Content are payable to the platform/service provider that you are purchasing and downloading the Game. Mighty Coconut is not responsible for nor part of such transaction. Questions regarding payment, refund, or other similar issues should be raised with the applicable platform/service provider.

2.3  You can find the current fees and payment terms on the platform/service provider’s Game access pages etc. Mighty Coconut reserves the right to amend or change the Game to offer other products and services in the Game etc., either for free, for one-time fees or for recurring fees. Mighty Coconut and/or the platform/service provider may amend the fees and payment terms at any time. If any fees are subject to any type of applicable taxes, you may be charged for any such taxes, in addition to any fees. \

HEALTH AND SAFETY GUIDELINES

TO REDUCE THE RISK OF PERSONAL INJURY, DISCOMFORT, OR PROPERTY DAMAGE, PLEASE ENSURE THAT YOU CAREFULLY READ THESE HEALTH AND SAFETY GUIDELINES BEFORE PLAYING THE GAME. YOU AGREE THAT YOU SHALL ABIDE BY THESE HEALTH AND SAFETY GUIDELINES AND OTHER RELEVANT NOTICES PROVIDED BY MIGHTY COCONUT AND THE MANUFACTURER OF YOUR VR/AR/MR HARDWARE (“HEADSET”).

YOU WILL BE MOVING YOUR HEAD, LIMBS, AND OTHER BODY PARTS, WHICH COULD CAUSE SERIOUS INJURY OR DEATH TO YOU, PEOPLE NEAR YOU, OR PROPERTY IF YOU DO NOT FOLLOW THESE HEALTH AND SAFETY GUIDELINES. WHILE WEARING YOUR HEADSET AND USING THE GAME, YOU WILL HAVE A LIMITED OR DIFFERENT VIEW, AND/OR YOU WILL NOT BE ABLE TO SEE EVERYTHING OR ANYTHING IN THE PHYSICAL ROOM AROUND YOU.

AS SUCH, AT ALL TIMES YOU ARE USING THE GAME AND HEADSET, YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO FOLLOW THESE HEALTH AND SAFETY GUIDELINES. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT RELY ON ANY MECHANISM IN THE GAME OR HEADSET FOR PROTECTION. YOU ACKNOWLEDGE THAT FAILURE TO ABIDE BY THESE HEALTH AND SAFETY GUIDELINES MAY CARRY WITH IT THE POTENTIAL FOR DAMAGE OR LOSS TO PROPERTY, PERSONAL INJURY TO YOU, OR DEATH.

3.1. Due to its virtual-reality nature, the Game can be physically challenging. Please consider your state of health before you start playing and modify your approach based on any limitations for your comfort and well-being. If you have any doubts, consult a physician. Take breaks regularly and stay hydrated.

3.2. Please be careful and mindful of your environment when playing the Game. Always make sure there is enough space for you to play safely and that there are no obstacles or dangerous objects around you. Always be aware of your play area and surroundings (including all persons, pets and/or objects around you). Always use the Headset in accordance with your Headset manufacturer's guidelines. 

3.3. If you are a minor (below the legal age of majority in your country), please have the health and safety concerns checked by your parent or another responsible adult person before you start to play the Game.

3.4. Please note that you bear responsibility for your actions while you play the Game. We don’t take responsibility for any injury or damage caused by your actions while playing the Game. Nothing in this clause will limit or exclude our liability for death or personal injury caused by our negligence in circumstances where such liability cannot be limited or excluded under applicable law.

LICENSE TERMS AND OWNERSHIP

4.1. We give you the right to use the Game (a license) to the extent of downloading it, installing it, and playing it for your personal non-commercial enjoyment. You agree to abide by all applicable laws and regulations when accessing and playing the Game. Your continued access to the Game and right to play the Game is subject to proper conduct. 

4.2. Without limiting Mighty Coconut’s right to control the Game’s environment, and the conduct of the users within that environment, Mighty Coconut prohibits the following practices that Mighty Coconut has determined detract from the overall user experience and you are strictly prohibited from doing the following with the Game:

• 4.2.1. use the Game for commercial purposes (including arcades, e-sport, tournaments, and similar events) without our prior consent or unless specifically permitted in these Terms;

• 4.2.2. use your own or third-party software to modify any content appearing within the Game, its environment or change how the Game is played, or use your own or third-party software, the Game or any information accessible through the system of the Game (“System”), to bypass or modify any System login architecture or create or provide any other means through which any System may be accessed and/or the Game may be used by others in ways other than those intended by Mighty Coconut;

• 4.2.3. copy the Game, apart from creating copies necessary to run the Game on your gaming device.

• 4.2.4. grant a sublicense to another person, sell, rent, lease, or otherwise distribute the Game;

• 4.2.5. edit, merge, distribute, translate, reverse engineer, decompile, or disassemble the Game unless specifically permitted in these Terms, by our prior consent, or by the mandatory rules of the applicable law; 

• 4.2.6. cheat, wilfully exploit bugs or glitches, wilfully harass or grief other players, or utilize any software or other means to do any of the aforementioned activities in the Game;

• 4.2.7. create and/or share modifications of the Game, or share information on how to modify the Game, or share content discovered or disclosed by hacking, or bypass or remove any measure preventing misuse of the Game; 

• 4.2.8. misuse the Game in any way contrary to applicable laws, or violate Section 4.5 of the Terms (including, but not limited to, the use of hate speech, harassment, sexually explicit language, disparaging someone for their identity, political speech and the like);

• 4.2.9.  post or communicate any player's real-world information (name, address, account name, etc.) in the Game, on the websites or in any other forum or media, or make public anyone’s identification documents, sensitive financial information, other sensitive personal information or posting such information in the Game or other permitted websites;

• 4.2.10.  harvest or collect email addresses or other contact information of other users from the Game by electronic or other means, for example for the purposes of sending unsolicited emails or other unsolicited communications;

• 4.2.11. solicit personal information from anyone or solicit passwords or personally identifying information for commercial or unlawful purposes;

• 4.2.12.  provide false information or intentionally hide any information when registering for your account in the Game;

• 4.2.13.  attempt to interfere with, hack into, or decipher any transmissions to or from the servers or platforms running the Game;

• 4.2.14. exploit any bug in the Game for competitive advantage, and you will not communicate the existence of any such exploitable bug (bugs that grant any user unnatural or unintended benefits) either directly or through public posting, to any other user of the Game. Bugs should be promptly reported to info@mightycoconut.com;

• 4.2.15.  use Mighty Coconut’s copyrights or trademarks or any confusingly similar marks;

• 4.2.16.  upload invalid data, viruses, worms, or other software agents to the Game;

• 4.2.17. collect information from others and/or post imagery of others (including their in-game avatars) without obtaining their consent;

• 4.2.18.  use any own or any third-party software, macros or other stored rapid keystrokes or other patterns of play that facilitate gameplay, including progress and/or acquisition of items, rank, or status when compared with ordinary Game play, or otherwise rewrite or modify the user interface or otherwise manipulate data in any way to acquire items, character attributes or beneficial actions not actually acquired or achieved in the Game; or

• 4.2.19. Otherwise use the Game in any manner that breaches the terms and conditions of the Terms or the privacy policy.

4.3. We retain all ownership rights to the Game, its underlying code, and all features. No proprietary right is assigned to you via these Terms.

4.4. We reserve the right to provide or unilaterally deploy patches, updates, and other modifications to the Game in order to remove or correct a bug, glitch, or other issues, to prevent misuse of the game or breach of these Terms, or to enhance the gameplay (e.g., provide you with additional content).

4.5. Be considerate and polite while using any online feature of the Game or participating in any aspect of the Game community, including but not limited to, social media channels, Discord, tournaments, or in-person gatherings. Treat other members of the Game community and our moderators with respect at all times. Hate speech, personal attacks, political speech, threats of violence, or infringing on others’ privacy will not be tolerated. Don’t choose a rude or offensive user name or any user name infringing the rights of others, especially personal rights, and identities. We reserve the right to take the appropriate measures, e.g., change your user name, block your access to any online feature of the Game, or suspend or block your access to the Game and/or social media channels, Discord, tournaments, or in-person gatherings, in the event of one or more violations of these Terms.

4.6. Players are prohibited from sharing unreleased course content, features, or details—regardless of how they may have come to know or possess them—as these are the protected copyright of Mighty Coconut and the proliferation spoils the fun our player community has in discovering the courses upon their release. 

4.7. Players in violation of any of these rules, as determined in the sole discretion of Mighty Coconut and its agents and representatives, or players attempting to circumvent a temporary or permanent ban may be blocked from Game communities including social media and Discord, barred from tournaments, and the Game itself.

LIABILITY

5.1. We grant you all the rights under these Terms to the Game “as is” and “as available”. That means that, to the extent permissible by law, we do not grant you any guarantee that the Game works without any bugs, glitches, or other issues. In as much as the applicable law permits, we don’t take any responsibility or liability for the Game having any bugs, glitches, or other issues.

5.2. We warrant to you that we have the right to conclude these Terms with you and that we have the right to grant you the rights under these Terms (namely the license to use the Game).

TERMINATION

6.1. If you materially breach these Terms, we have the right to terminate the agreement without any notice period. If it comes to this, you will lose all the rights granted by these Terms, namely the right to use the Game, whereas we shall have no further obligations to you stemming from these Terms.

DELIVERY OF GAME, UPDATES AND NEW RELEASES

7.1.  TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MIGHTY COCONUT RESERVES THE RIGHT TO ADD, MODIFY, OR DELETE/CANCEL THE GAME, INCLUDING YOUR ACCESS TO THE GAME AT ANY TIME. MIGHTY COCONUT MAKES NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS OR ACCURACY OF THE GAME NOR DOES IT REPRESENT OR WARRANT THAT THE GAME WILL BE AVAILABLE AT ALL TIMES OR AT ANY TIME. THE GAME MAY BE INCOMPLETE, MAY CONTAIN ERRORS ETC. MIGHTY COCONUT MAKES NO COMMITMENT AND EXPRESSLY DISCLAIMS ANY DUTY TO FIX ANY ERRORS OR LACK OF FUNCTIONALITY IN THE GAME.

7.2.  MIGHTY COCONUT PROVIDES THE GAME ON AN “AS IS” BASIS WITHOUT ANY EXPRESS WARRANTIES. MIGHTY COCONUT OR THE PLATFORM/SERVICE PROVIDER SHALL ENDEAVOR TO DELIVER THE GAME THAT YOU HAVE ORDERED TO YOU WITHIN A REASONABLE AMOUNT OF TIME. HOWEVER, TECHNICAL PROBLEMS MAY DELAY OR PREVENT DELIVERY, AND EXCEPT AS SET FORTH IN THE NEXT SENTENCE, MIGHTY COCONUT OR THE PLATFORM/SERVICE PROVIDER SHALL HAVE NO LIABILITY TO YOU WITH RESPECT TO DELAYS OR DELIVERY PROBLEMS. YOUR SOLE REMEDY WITH RESPECT TO THE GAME, A PURCHASED PRODUCT OR SERVICE THAT IS NOT DELIVERED WITHIN A REASONABLE AMOUNT OF TIME AFTER ORDERING IS TO EITHER RECEIVE A REPLACEMENT OF THE GAME, PRODUCT, OR SERVICE, OR A REFUND OF THE PURCHASE PRICE PAID FOR THE GAME, PRODUCT OR SERVICE, AS THE REMEDY IS DETERMINED BY MIGHTY COCONUT OR THE PLATFORM/SERVICE PROVIDER IN THEIR SOLE DISCRETION.

7.3.  MIGHTY COCONUT MAY FROM TIME-TO-TIME UPDATE OR OTHERWISE MODIFY THE GAME ELECTRONICALLY, OR REQUIRE THE USER TO INSTALL UPDATES, PATCHES, OR FIXES TO THE GAME (“UPDATES”). UPDATES MAY CHANGE THE GAME’S TERMS, CONDITIONS, FEATURES, ITEMS, MECHANICS, OR ANY OTHER ELEMENT OF THE GAME, INCLUDING HAVING AN IMPACT ON THIRD-PARTY PERIPHERALS. YOU MUST AGREE TO ANY AND ALL GAME TERMS AND CONDITIONS AND INSTALL SUCH UPDATES BEFORE YOU WILL BE ALLOWED TO PROCEED TO PLAY THE GAME. IF YOU FAIL TO INSTALL THE NEW RELEASE WHEN REQUIRED, MIGHTY COCONUT WILL NOT BE RESPONSIBLE IN ANY WAY FOR YOUR INABILITY TO PLAY THE GAME, WILL NOT SUPPORT NON-UPDATED OR MODIFIED GAMES, AND YOU SHALL NOT BE ENTITLED TO RECEIVE A REFUND OF ANY PREPAID FEES OR ANY OTHER FORM OF COMPENSATION FROM MIGHTY COCONUT.

7.4.  YOU ARE NOT ENTITLED TO RECEIVE ANY NEW RELEASES OF THE GAME, OR ANY EXPANSION PACKS, UPDATES, UPGRADES, OR SIMILAR PRODUCTS UNDER THIS AGREEMENT, BUT MIGHTY COCONUT MAY, IN ITS SOLE AND ABSOLUTE DISCRETION, BUT IS NOT OBLIGATED TO, OFFER ANY OR ALL OF THE FOREGOING TO YOU. MIGHTY COCONUT MAY PROVIDE NEW RELEASES OR OTHERWISE ENHANCE THE GAME AT ANY TIME, IN ITS SOLE DISCRETION, WITHOUT OBLIGATION TO YOU. ANY SUCH NEW RELEASE OR OTHER ENHANCEMENT OF THE GAME MAY CHANGE THE GAME’S TERMS, CONDITIONS, FEATURES, ITEMS, MECHANICS, OR ANY OTHER ELEMENT OF THE GAME. PERIODICALLY, MIGHTY COCONUT WILL REQUIRE ALL USERS TO MIGRATE TO NEW RELEASES OF THE GAME IN ORDER TO CONTINUE TO PLAY IT. IF YOU FAIL TO UPDATE THE GAME AND INSTALL THE NEW RELEASE WHEN REQUIRED, MIGHTY COCONUT WILL NOT BE RESPONSIBLE IN ANY WAY FOR YOUR INABILITY TO PLAY THE GAME, AND YOU SHALL NOT BE ENTITLED TO RECEIVE A REFUND OF ANY PREPAID FEES OR ANY OTHER FORM OF COMPENSATION.

GOVERNING LAW AND DISPUTE RESOLUTION

8.1. These Terms, your use of the Game, and all claims based on, arising from, or related to these Terms,  including rights and obligations regarding compensation of damages caused by a breach of these Terms or rights and obligations regarding any unjust enrichment incurred in relation to these Terms, shall be governed by and enforced in accordance with the law of the State of Texas, United States (excluding conflict-of-law rules), including its statutes of limitations. For the avoidance of doubt, in no case may the aforesaid governing law prejudice the level of consumer protection ensured by the laws of your country of residence.

8.2. Any dispute pertaining to these Terms shall be judged and resolved exclusively by the courts of the State of Texas, United States. IN SOME JURISDICTIONS THE PROVISIONS INCLUDED IN THIS SECTION ARE PROHIBITED. NO PROVISIONS IN THIS SECTION WILL THEREFORE BE BINDING ON YOU IN CIRCUMSTANCES WHERE THEY ARE PROHIBITED IN THE JURISDICTION IN WHICH YOU ARE A RESIDENT. IN SUCH CIRCUMSTANCES, WHERE YOU HAVE A LEGAL RIGHT TO DO SO, YOU MAY BRING A CLAIM TO ENFORCE YOUR CONSUMER RIGHTS IN CONNECTION WITH THESE TERMS BEFORE THE COURTS OF YOUR RESIDENT COUNTRY.

CHANGES AND AMENDMENTS

9.1. We reserve the right to make changes to these Terms. In any such case, we will post the changes and amended text online and take reasonable steps to draw your attention to it.

9.2. The changes shall come into effect (become legally binding) when we post the amended Terms online. If you don’t agree to the changes, you can terminate these Terms by simply ceasing to use the Game (including deleting any copy installed on your gaming device). If you continue to use the Game after the changes have come into effect, it shall be construed that you agree to the amended Terms.

CONTACT

10.1. If you have any questions, comments, or feedback, you can contact us at info@mightycoconut.com.