Terms of service
Effective date: 25.05.2018
Last updated: 29.08.2023
Thank you for using our games, websites, or related services ("Service" or "Services"). The Services are provided by Mytona Limited ("Mytona" or "we" or "us" or "our"), a New Zealand corporation with its registered office at Level 5, 129 Hurstmere Road, Takapuna, Auckland 0622.
Accepting the Terms of Service
1.1. These Terms of Service (the "Terms") create a legal agreement between you ("you" or "your") and Mytona and govern the download, installation, access, and/or use of our Services by you, including, but not limited to: the registration and use of your account; any support; any updates we may make available to you; any Virtual Currency or Virtual Goods; any other texts, graphics, images, art, sounds, music, videos, audiovisual effects, combinations of the foregoing media, interactive content, software, feedback, comments, communication, and suggestions; and any other material, content, data, information and services we may make available to you through our Services, whether on your mobile device, your computer, our website, or any other device, platform, or website.
Use of the Services is also governed by Mytona's Privacy Policy, game rules, scoring rules, controls, and guidelines for each game, all of which can be found within the game itself and are incorporated herein by this reference.
Please read these Terms carefully before you decide whether to accept them. To confirm your understanding and acceptance of the Terms, please click "Accept," "Play," "Continue," "OK," "Login with Facebook," "Continue with Facebook," "Sign in with Apple," or any other button with similar functionality when prompted by the Service.
1.2. You must only use the Services if:
you agree to these Terms, as well as Mytona's Privacy Policy, game rules, scoring rules, controls, and guidelines for each game, all of which can be found within the game itself; and
you are legally entitled to use the Services under the applicable laws and regulations of your country of residence; and
applicable laws and regulations permit you to use the Services in the location where you use them (if different from your country of residence).
1.3. By using the Services, you represent that you are age 16 or older. If you are under the age of 16, you must not use any of the Services. If you are between the ages of 16 and 18 (or between 16 and the age of legal majority in your country of residence) or you otherwise do not have the authority to enter into agreements such as this, your parent or legal guardian must review and agree to these Terms and the Privacy Policy (both for themselves and on your behalf) before you can use any of the Services. Certain countries have additional laws and regulations governing your use of the Services depending on your age. For applicable laws and regulations that may affect your country of residence or location, please see Section 14.15.
1.4. Where permitted by applicable laws and regulations, by installing, using, or otherwise accessing the Services, you agree to these Terms, as well as our Privacy Policy, game rules, scoring rules, controls, and guidelines for each game, all of which can be found within the game itself and are incorporated herein by this reference. If you do not agree to these Terms, as well as our Privacy Policy, game rules, scoring rules, controls, and guidelines for each game, all of which can be found within the game itself, please refrain from using our Services and cease all access and/or use of any of our Services. Use of the Services is void where prohibited.
1.5. Mytona reserves the right to change or update these Terms, its Privacy Policy, or any other rules, controls, or guidelines at any time and at its sole discretion without any notice, so please come back and review them regularly. If any future updated versions of the Terms, our Privacy Policy, or any other rules, controls, or guidelines require any action from you in order to be accepted, then you may not be able to continue to use the Services until you have taken such action.
Your continued use of our Services after the Terms, Mytona's Privacy Policy, or any other rules, controls, or guidelines have been updated shall confirm your acceptance of the updated versions.
In case you do not agree to any portion of the future updated versions of the Terms, Mytona's Privacy Policy, or any other rules, controls, or guidelines relating to your use of the Services, your license to use the Services shall immediately be terminated, and you must immediately refrain from using our Services and cease all access and/or use of any of our Services.
1.6. These Terms contain a binding arbitration clause in Section 10 and a class, collective, and representative action waiver that impacts your rights regarding how to resolve disputes. Except if you opt-out and except for certain types of disputes described in Section 10, you agree that all disputes between you and Mytona will be resolved by binding, individual arbitration, and you waive your right to trial by jury or to participate as a plaintiff or class member in any class, collective, or representative lawsuit or arbitration.
EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHTS TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY. YOU UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Intellectual Property
2.1. All rights, titles, and interests, both within all our Services and relating to them, including, without limitation, all copyrights, moral rights, trademarks, trade secrets, trade names, and all other proprietary rights, patents, titles, computer codes, texts, graphics, images, art, sounds, music, videos, audiovisual effects, combinations of the foregoing media, interactive content, recordings of gameplay made using the Services, software, feedback, comments, communication, suggestions, and any other material, content, data, information, and service are owned by or licensed to Mytona, reserved by Mytona, and protected by, among other things, international copyright laws. All rights not expressly granted to you herein are reserved by Mytona.
2.2. As long as you, the user, are in compliance with these Terms, we provide you with a nonexclusive, personal, nontransferable, revocable, limited license for your personal, private, noncommercial use only (excluding any related object code or source code). You must exercise this license in accordance with these Terms, and you are not authorized to use our games for any other purpose.
2.3. You acknowledge and agree that you shall have no right to, title to, or interest in any of our Services, including, without limitation, any content that appears in the Services, accounts, and any Virtual Currency and/or Virtual Goods, other than the license granted to you by these Terms.
2.4. You must not copy, republish, redistribute, modify, license, sublicense, reverse engineer, or create derivatives based on the Services or any part of our Services, or create or make available to the public any work related to our games.
2.5. You must not make any cheats or other technological means available that would allow you or any other user to control our Services or their elements, including, without limitation, allowing users to obtain Virtual Currency and/or Virtual Goods, regardless of whether such means are free or not.
Account
3.1. You may be required to create an account with us and select a password for your account, or you may allow our Services to interact with accounts on a social network or platform or use other credentials to access the account ("Account Information").
3.2. You acknowledge and agree that your account is personal to you and that you are not entitled to transfer your account to any other person. You shall not rent, sell, or give away your Account Information or create an account using a false identity or false information or on behalf of someone other than yourself. You shall keep Account Information secret/confidential. You shall not give your Account Information to anyone else nor allow anyone else to use your Account Information or otherwise jeopardize the security of your account. You are solely responsible for maintaining your account or using the Services, including, without limitation, in-app purchases, whether or not authorized by you, and agree to fully compensate us for any losses or harm in case you fail to keep your Account Information confidential or if you share your Account Information with someone else in any way.
3.3. Mytona reserves the right to assume that anyone logging into your account using your Account Information is either you or someone logging in with your permission. We accept no responsibility to you for any loss or harm that you may suffer as a result of unauthorized access to your account or use of the Services or for any loss or harm resulting from any unauthorized use.
3.4. You acknowledge and agree that, if you delete your account or we delete your account in accordance with these Terms, you may lose access to any data with regard to your account, including, but not limited to: your game progress, the score you have reached through the Services, any Virtual Currency or Virtual Goods, and other data, information, content, and materials relating to your account.
3.5. You acknowledge and agree that any purchases made by your account cannot be reversed.
Content
4.1. You represent that all data, information, and communication, including, without limitation, any chat text, image, graphic, sound, video, tag, or other materials ("Content") that may be uploaded, transmitted, sent, communicated, or otherwise made available through our Services by you shall remain accurate, complete, and true.
4.2. You acknowledge and agree that all Content uploaded, transmitted, sent, communicated, or otherwise made available through our Services by you, whether posted publicly or privately, is your sole responsibility.
4.3. When you use the Services, you acknowledge and agree that there may exist offensive, indecent, or otherwise objectionable material.
The Service may include various forums, blogs, and chat features where you can post Content, including your observations and comments on designated topics.
Mytona does not and cannot guarantee that other users/members will not use the ideas and information that you share. If you have an idea or information that you would like to keep confidential and/or do not want others to use, do not make it available through the Services. Mytona has no responsibility to evaluate, use, or compensate you for any ideas or information that you may choose to share or submit.
Mytona is not responsible for any Content that is uploaded, transmitted, sent, communicated, or otherwise made available through our Services by you or other users. Mytona is not responsible for monitoring the Services and assumes no obligation to modify, edit, remove, or delete inappropriate content or conduct.
Mytona does not and cannot prescreen or monitor all Content and users' conduct. Therefore, Mytona does not guarantee the quality, accuracy, or integrity of Content on our Service. Mytona will not be held liable for any such circumstances regarding Content, including, but not limited to, errors, loss, or damage. Your use of the Services is at your own risk.
4.4. Mytona is not required to, although it may, regulate, monitor, and/or record your interaction with the Service or communications (including, without limitation, chat text) when you are using the Service. Mytona is not obliged, but is authorized, to review, monitor, prohibit, edit, remove, delete, disable access to, or otherwise make unavailable any Content that may be uploaded, transmitted, sent, communicated, or otherwise made available by users through our Services without prior notice, for any reason or for no reason, at any time.
4.5. By installing, using, or otherwise accessing the Services, you provide your irrevocable consent to such regulation, monitoring, and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any Content, including, but not limited to, chat text or voice communications.
4.6. That notwithstanding, you, the user, are responsible for any Content that you submit and acknowledge and agree that no user Content that you upload shall be:
harassing, illegal, defamatory, threatening, libelous, offensive, pornographic, inappropriate, abusive, racist, unlawful, or otherwise objectionable;
a misrepresentation or constitute fraud;
protected by law, including, without limitation, confidential, copyrighted, trademarked, or patented information; trade secrets; or anything else that has other proprietary rights or is in violation of any applicable laws and regulations or contractual restrictions;
marketing or advertising for any good, service, business, or other organization;
an invasion of a third party's privacy or an impersonation of another person and/or user;
coupled with or contain viruses, malware, or any other malicious code, files, or programs designed to interrupt, destroy, or limit the functionality of any software or equipment; or
otherwise prohibited by applicable laws and regulations.
4.7. When you upload, transmit, send, submit, store, or receive Content to or through our Services, you:
– confirm that you are authorized to do so;
– agree to allow us and our affiliates to edit, publish, adapt, and/or use your Content and any derivative work that we may create from it in any and all media (whether now existing or to be invented in the future), for any purpose, in perpetuity, without any compensation or payment to you;
– acknowledge and agree that you have "moral rights" to such Content (such as the right to be acknowledged for your creation and not have your work used in a derogatory manner), and you also acknowledge and agree that you waive any such moral rights to such Content; and
– agree that, regarding any Content that may be submitted by you, the user, we are not required to protect or monitor such Content rights, and that, if we choose, we are authorized to enforce your rights on your behalf, including, but not limited to, taking legal action and assuming all costs for doing so.
4.8. You acknowledge and agree that you must not:
– create more than one account per platform to access the Service;
– use our Services, either directly or indirectly, to harm, abuse, advocate, harass, or incite harm to, abuse of, or harassment of individuals, groups, or entities or cause offense to or harass any individuals, groups, or entities, including, without limitation, Mytona's members, managers, directors, officers, employees, affiliates and related parties, direct and indirect subsidiaries, representatives, predecessors, successors, agents, assigns, insurers, and attorneys;
– use our Service for fraudulent or abusive purposes (including, without limitation, using our Services to impersonate any person or entity or otherwise misrepresent your affiliation with a person, entity, or our Service);
– use the Service for any commercial or business purpose or for the benefit of any third party, including, without limitation, advertising or the transmission of any commercial advertisements such as "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
– reverse engineer, disassemble, decompile, or hack any of the Services (or attempt to do so) or defeat or overcome any of our encryption technologies or security measures for data transmitted, processed, or stored by us;
– "harvest," "scrape," collect, or post any information about or regarding other people that use our Services, including, but not limited to, any private data or information (including by uploading anything that collects information, whether in the form of text, image, video, or graphics interchange format ("GIFs"));
– rent, sell, transfer, or give away an account with us or any part of an account, Virtual Currency and/or Virtual Goods (or attempt to do so);
– disrupt the normal flow of the Services or otherwise act in a manner that is likely to negatively affect other users/players' ability to compete;
– use or take part in the Services to cheat, design to cheat, assist in cheating (for example, by using automated means, bots, hacks, mods, or any unauthorized third-party software designed to play, modify, or interfere with the Services), or otherwise circumvent technological measures designed to control access to our Services or elements thereof, or do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these Terms;
– use our Services in violation of any applicable law or regulation; or
– use our Services in any other way not permitted by these Terms.
4.9. You must not copy, distribute, create, or make available to the public any derivative work from Content related to our games that belongs to another user.
If you feel that someone has infringed upon your own personal intellectual property rights via the Internet, you may contact us by emailing the following information to support@mytona.com:
– a description of your intellectual property rights and an explanation as to how you believe your rights have been violated;
– a description of where the material that you believe has violated your rights is located;
– your name, address, phone number, and email address;
– a personal statement, under penalty of perjury, that (i) you sincerely believe that the use of material in question is unauthorized, as you own the intellectual property rights to said material, and (ii) that all the information that you have provided is true, accurate, and correct (and, if applicable, that you are authorized to act on behalf of the owner of said infringed material); and
– the signature (in pen or electronic) of the person authorized to act on behalf of the owner of said infringed material.
4.10. Any Content that you make available on our Service using tools and technology provided by Mytona is entirely voluntary. In exchange for use of the Services, you hereby grant Mytona the sole, exclusive, irrevocable, perpetual, transferable, sublicensable, assignable, fully paid-up, royalty-free, worldwide license to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, provide electronic access to, broadcast, communicate to the public via telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant us the right to authorize others to exercise any of the rights granted to Mytona under these Terms. You further hereby grant Mytona the unconditional, irrevocable right to use and exploit your name, likeness, and any other information or material included in any Content and in connection with any Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights that you may have to your Content, regardless of whether your Content is altered or changed in any manner. Mytona does not claim any ownership rights to your user Content, and nothing in these Terms is intended to restrict any rights that you may have to use and exploit your user Content. Mytona is not obliged to monitor or enforce your intellectual property rights in or to your Content.
Policy Regarding Names
5.1. Nicknames, guild or clan names, and any other item or entity nameable by the user may not:
– be obscene, profane, sexually explicit, vulgar, harmful, or hurtful or make inappropriate references to the human body or its functions;
– promote drugs or imply offense based on sexual orientation, ethnicity, race, or sex or any real hostility toward a specific race, religion, or nationality;
– reference any sexual orientation or aspect thereof, whether it be regarding the user themselves or other users;
– violate any law;
– violate Mytona's or any third party's property rights;
– initiate a call for activities of terrorism or extremism or serve as a means of communication for extremist or terrorist persons/groups/organizations;
– contain information that may discredit or offend public officials or any well-known symbol;
– contain any serial numbers or other login/password information for commercial products or services that would allow users to access otherwise paid Internet services for free;
– contain information or statements that may disclose data representing some confidential secret or other confidential information;
– contain slander, threats, or coarse expressions or suggestions that would be in conflict with general ethics or any information that would undermine a third party's privacy (such as name, address, telephone number, or any other personally identifying information);
– consist only of well-known names, political parties, geographical locations, or numbers associated with the aforesaid;
– emulate or praise any real group or organization, sports team, historical event, terrorist society, or other community or group that may have a negative connotation or be connected to crimes against humanity or contain any discriminatory statements or words that reference a nationality, gender, race, or religion or its leaders/figures (such as military, religious, or political groups); or
– use the name of another user to falsely represent that user.
5.2. Mytona reserves the right to refuse the registration of nicknames, clan names, descriptions, or other names of any user without any prior notice, as well as change or suspend/terminate this agreement and the Service as a result of any violation of the above or other reason, all at its own discretion.
Although the Terms and Mytona's Privacy Policy of may not include all potentially inappropriate or unacceptable names, Mytona is hereby authorized, but not obliged, to reject any name it deems inappropriate or unacceptable, at its own discretion, or any name that seems to be offensive, obscene, or in violation of these Terms. Mytona will, if it so chooses, evaluate all names individually and take whatever action it deems necessary to remedy any violation that may be present.
Virtual Currency and Virtual Goods
6.1. Mytona's Services may include virtual currency, such as virtual rubies, coins, points, or similar items ("Virtual Currency") and virtual digital items, such as abilities, useful items, or other goods ("Virtual Goods"), all for use in Mytona's Services.
6.2. Where permitted by applicable laws and regulations, users may collect, obtain through the use of said Services, or purchase with money a limited, personal, nontransferable, nonsublicensable, nonassignable, and revocable license to use Virtual Currency and Virtual Goods.
6.3. Mytona hereby reserves the right to manage, control, regulate, change, or eliminate Virtual Currency or Virtual Goods or the price and availability of Virtual Currency or Virtual Goods without any liability to you, at any time, and at its own discretion, without prior notice. To exercise said right, Mytona shall not be held liable to anyone, whether it be the user or a third party.
Mytona may limit the total amount of Virtual Currency or Virtual Goods that may be purchased at any one time and/or the total amount of Virtual Currency or Virtual Goods that may be held in your account in the aggregate. You are only allowed to obtain Virtual Currency or Virtual Goods from us or our authorized partners through the Services, and not in any other way.
Mytona is not responsible for the hacking or loss of your Virtual Currency or Virtual Goods.
6.4. You hereby acknowledge and agree that Virtual Currency and Virtual Goods cannot be transferred, and transfer is prohibited except in the manner expressly stated in the Service. You may not sell, transfer, or redeem Virtual Currency or Virtual Goods that belong to Mytona to any other user or third party.
6.5. You hereby acknowledge and agree that, in reference to Virtual Currency and Virtual Goods, all purchases and redemptions are final and nonrefundable. You acknowledge and agree that the provision of Virtual Goods for use in Services is a process that commences immediately upon purchase and that you forfeit and lose your right of withdrawal once the performance of the Service has started. Accordingly, a "purchase" is complete at the time that our servers validate your purchase and the applicable Virtual Currency and/or Virtual Goods are successfully credited to your account on the servers. For applicable laws and regulations that may apply to Virtual Currency or Virtual Goods in your location or country of residence, please see Section 14.15.
6.6. If you do not connect the Services on a device to an account that is linked to your account on a social network, we will not be able to restore any Virtual Currency and/or Virtual Goods and other data associated with your account to a different device if you lose your device or it is damaged. As a result, on a device that is not connected in this way:
– any risk of loss of Virtual Currency and/or Virtual Goods that you purchase from us is transferred to you upon completion of the purchase as described in Section 6.5 above;
– any risk of loss of Virtual Currency and/or Virtual Goods that you receive from us without making a purchase is transferred to you at the time that the Virtual Currency and/or Virtual Goods are successfully credited to your account on the servers; and
– any risk of loss of other data relating to your account (including, without limitation, your progress through the Service or a score you have reached through the Services) is transferred to you immediately at the time that such data is generated.
6.7. Any Virtual Currency and/or Virtual Goods are purchased from your platform provider, and such a purchase will be subject to said provider's terms of service and user agreement. Usage rights for each purchase may differ from item to item. If you are unsure about usage rights, please check with your platform provider before making a purchase.
Violation of the Terms of Service
7.1. Mytona reserves the right to suspend/terminate access to its Services (even if that means deleting your account) if it deems that you are in violation of these Terms (either resulting from one major violation or a combination of minor violations).
7.2. Where permitted by applicable laws and regulations, Mytona reserves the right to permanently ban and block a user/player of our Services who has violated these Terms.
7.3. You, the user, acknowledge our rights to suspend/terminate, ban, and block, and agree to compensate Mytona for any damage, harm, loss, or expense that may arise as a result of your violation of these Terms.
Warranties, Disclaimers, and Releases
8.1. MYTONA PROVIDES THE SERVICES USING A COMMERCIALLY REASONABLE LEVEL OF SKILL AND CARE AND HOPES THAT YOU WILL ENJOY USING THEM. BUT THERE ARE CERTAIN THINGS THAT MYTONA DOESN'T PROMISE ABOUT THE SERVICES. MYTONA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SERVICES. 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.
8.2. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER MYTONA NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, MYTONA MAKES NO COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS AND HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING, BUT NOT LIMITED TO, LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT ON THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM THE COURSE OF DEALING, USAGE, OR TRADE PRACTICE. MYTONA PROVIDES THE SERVICES "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
8.3. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES. NO ORAL OR WRITTEN ADVICE PROVIDED BY MYTONA, ITS EMPLOYEES, OR OTHER REPRESENTATIVES CREATES A WARRANTY. IF YOUR STATE, LOCATION, AND/OR COUNTRY OF RESIDENCE REQUIRES A CERTAIN PERIOD FOR WHICH A WARRANTY APPLIES, IT WILL BE THE SHORTER OF EITHER 30 DAYS FROM YOUR FIRST USE OF THE SERVICES OR THE SHORTEST PERIOD REQUIRED BY LAW.
Limitations on Liability, Remedies, and Indemnification
9.1. WHEN PERMITTED BY APPLICABLE LAWS AND REGULATIONS, MYTONA, AND MYTONA'S SUPPLIERS AND DISTRIBUTORS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, BUSINESS INTERRUPTION, ANY OTHER INTANGIBLE LOSSES, OR OTHER SIMILAR DAMAGES RESULTING FROM ACCESS, USE, OR MALFUNCTION OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES TO PROPERTY, DEVICE FAILURE OR MALFUNCTION, AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PROPERTY DAMAGE, LOST PROFITS, OR PERSONAL INJURIES, OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THE TERMS OR THE SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT MYTONA HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. IN NO EVENT SHALL OUR LIABILITY EXCEED THE AMOUNT YOU HAVE PAID TO MYTONA IN ACCORDANCE WITH THESE TERMS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM (IF ANY) FOR THE LICENSE TO USE VIRTUAL GOODS OR VIRTUAL MONEY OR ANY OTHER PART OF OUR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO MYTONA DURING THIS TIME PERIOD, YOUR SOLE REMEDY (AND MYTONA'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH MYTONA IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
9.2. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF MYTONA AND ITS SUPPLIERS AND DISTRIBUTORS FOR ANY CLAIMS UNDER THESE TERMS, MYTONA'S PRIVACY POLICY, OR THE SERVICES, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT: (I) YOU PAID US FOR THE LICENSE TO USE VIRTUAL GOODS OR VIRTUAL MONEY OR ANY OTHER PART OF OUR SERVICES IN THE 100 DAY PERIOD ENDING ON THE DATE OF YOUR CLAIM; OR (II) ONE HUNDRED EUROS (EUR 100).
9.3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN MYTONA AND YOU.
IN ALL CASES, MYTONA AND ITS SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
TO THE EXTENT PERMITTED BY LAW, ANY ADDITIONAL LEGAL RIGHTS WHICH YOU MAY HAVE AS A CONSUMER REMAIN UNAFFECTED BY THESE TERMS.
9.4. You acknowledge and agree to indemnify, defend and hold harmless Mytona and its members, managers, directors, officers, employees, affiliates and related parties, direct and indirect subsidiaries, representatives, predecessors, successors, agents, assigns, insurers, and attorneys from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third party resulting from or arising out of your use of the Services, or any breach by you of the Terms; however, the foregoing does not apply if the third party claim is not attributable to your intentional or negligent behavior.
9.5. You acknowledge that the rights granted and obligations made to Mytona under these Terms are of a unique and irreplaceable nature, the loss of which shall irreparably harm Mytona and which cannot be remedied by monetary damages alone, so that Mytona shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Services, and agree to limit your claims to claims for monetary damages, limited by Section 9.1 (if any).
BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION ABOUT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, CAREFULLY.
10.1. These BINDING ARBITRATION AND CLASS ACTION WAIVER provisions apply to you if you are domiciled in and/or access, download, or use our Services in the United States. These provisions may also apply to you if you are domiciled in and/or access, download, or use our Services from outside the United States.
10.2. You and us (the "parties") shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. If you have any concerns or queries regarding our Services, you may contact us at support@mytona.com. Most concerns are quickly resolved in this manner to our customers' satisfaction.
10.3. If the parties do not reach an agreed-upon solution within 90 days from the time the informal dispute resolution is pursued pursuant to Section 10.2 above, then either party may initiate binding arbitration as the sole means to formally resolve all claims and disputes between them, subject to the terms set forth below. Specifically, without limitation, all claims and disputes arising out of or relating to this agreement and the Terms (including their interpretation, formation, performance, and breach), the Privacy Policy, the Services, and/or your use of any of the Services shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Streamlined Arbitration Rules and Procedures or Comprehensive Arbitration Rules and Procedures, as appropriate, excluding any rules or procedures governing or permitting class, collective, or representative actions or proceedings. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act shall apply to the interpretation, applicability, enforceability, and formation of the agreement to arbitrate, notwithstanding any other choice of law provision contained herein. The arbitration provisions shall survive termination, if any, of this agreement as set forth below in Section 13. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of the agreement to arbitrate, including without limitation any claim that all or any part of this agreement to arbitrate is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The JAMS rules governing the arbitration may be accessed at http://www.jamsadr.com/ or by calling JAMS at +1 800 352-5267. Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Streamlined Arbitration Rules and Procedures or Comprehensive Arbitration Rules and Procedures, as appropriate, but shall not incorporate JAMS Class Action Procedures or any JAMS rules or procedures governing or permitting class, collective, or representative actions or proceedings, and, to the extent applicable, by the Consumer Minimum Standards, including the then-current limit on arbitration filing fees. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Mytona will pay the additional cost. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial, to the extent allowed by law. The parties further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
10.4. If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, arbitration shall be initiated in Los Angeles County, California, and you and we agree to submit to the personal jurisdiction of any federal or state court in Los Angeles County, California, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
10.5. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class, collective, or other representative action, and the parties expressly waive their right to file a class, collective, or representative action or seek relief on a class, collective, or representative basis. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR MYTONA'S PRIVACY POLICY ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class, collective, or representative proceeding. If any court or arbitrator determines that the class, collective, or representative action waiver set forth in this Section 10.5 is void or unenforceable for any reason or that an arbitration can proceed on a class, collective, or representative basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
10.6. Notwithstanding the parties' decision to resolve all disputes through arbitration, as an exception to resolving all disputes through binding arbitration, to the extent that a dispute arises from:
a violation of enforcement of Mytona's intellectual property rights in any manner (but not, for clarity, a dispute or claim related to the license granted to you under these Terms); or
allegations of theft, piracy, unauthorized use or a violation of the United States Computer Fraud and Abuse Act, then the parties agree that either party may seek injunctive remedies (or an equivalent type of urgent legal relief) in court, subject to further provisions in Section 11.2 below. In addition to the foregoing, either party may assert an individual action in a small claims court for claims or disputes that are within the scope of such court's jurisdiction in lieu of arbitration.
10.7. You have the right to opt out and not be bound by the binding arbitration and class, collective, and representative action waiver provisions set forth in Sections 10.1, 10.3, 10.4, and 10.5 above by sending written notice of your decision to opt out to the following address: 1 Fusionopolis Link #06-03/05 Nexus@One-North, Singapore 138542, Attention: Legal Department. The notice must be sent within 30 days of the earlier of your first download of the applicable Services or commencing use of our Services (or if no purchase was made, then within 30 days of the earlier of the date on which you first downloaded the applicable game or accessed or commenced using the applicable Service). Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt out of these arbitration provisions, we also will not be bound by them.
10.8. Mytona will provide 30 days' notice of any changes to this Section 10 through the Services or via other similar means. Changes will become effective on the 30th day and will apply prospectively only to any claims arising after the 30th day. In the event that you reject any future changes, you agree that you will arbitrate any dispute or claim between us in accordance with the language of this Section 10.
Dispute Resolution, Governing Law, and Jurisdiction
11.1. If a dispute arises between you and Mytona, we strongly encourage you to first contact us directly to seek a resolution by contacting us at support@mytona.com.
11.2. If you are a resident of the United States:
All claims or disputes arising out of or relating to this agreement and the Terms (including their interpretation, formation, performance, and breach), the Privacy Policy, the Services, and/or your use of any of the Services shall be subject to and governed in all respects by the laws of the state where you were domiciled at the time you downloaded the applicable Services or commenced using them without regard to conflict of law provisions or principles.
You and we irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Los Angeles County, California, to resolve any claims or disputes that are subject to exceptions to binding arbitration as set forth above in Section 10.6, or otherwise determined not to be arbitrable.
11.3. If you are a resident outside of the United States, then to the fullest extent permitted under applicable law:
All claims or disputes arising out of or relating to this agreement and the Terms (including their interpretation, formation, performance, and breach), the Privacy Policy, the Services, and/or your use of any of the Services shall be governed by and subject to the laws of Singapore, without regard to conflict of law provisions or principles.
If any user outside of the United States is entitled to commence and/or participate in legal proceedings within the United States, then that user agrees to be bound by the provisions of Section 10, "BINDING ARBITRATION AND CLASS ACTION WAIVER" above.
If a claim or dispute you may have against Mytona is not arbitrable, then you agree that any such claim or dispute must be resolved exclusively by a court located in Singapore, and you and we irrevocably consent to the exclusive jurisdiction and venue of courts located in Singapore.
Privacy and Protection of Personal Data
12.1. Any information you provide is subject to the policies of the relevant social network or app store. Upon using the Services, you may also be authorizing said social network or app store to share your email address and any other information, such as your name, address, and telephone number (hereinafter, "Personal Data") with Mytona.
12.2. We do everything reasonably in our power to protect your Personal Data rights and the confidentiality of your information. Mytona collects, processes, uses, and shares your Personal Data in accordance with our Privacy Policy and as set out in these Terms. Please review our Privacy Policy before using the Services. If you do not agree to our Privacy Policy, you should not download, access, and/or use our Services. Upon using the Services, you acknowledge and agree to Mytona's Privacy Policy.
Termination of the Services/Agreement
13.1. Mytona is hereby authorized to refuse or limit any access to the Services for any reason and without any notice, including, but not limited to, any violation of these Terms. You acknowledge that Mytona is authorized to discontinue or change the Service and/or its content at any time, without liability and with or without notice to you, the user.
13.2. Mytona is hereby authorized to suspend/terminate this agreement with you, and to permanently suspend/terminate and block your use of the Services at any time for (but not limited to) the following reasons:
you have violated these Terms;
you are involved in illegal acts, have infringed upon copyright, privacy, or intellectual property rights of another person or a third party;
it is required by applicable law/regulations, within the time periods required by said applicable law/regulations; or
Mytona simply determines that the Service shall no longer be offered.
At the time this agreement is terminated, (a) all rights and license to use the Service shall likewise be terminated; (b) you, the user, shall stop using the Service. Should this agreement be terminated or suspended, your obligations to Mytona regarding these Terms (including provisions regarding rights, ownership, liability, compensation, confidentiality, etc.) shall continue, as long as they are intended to last longer than the agreement itself.
13.3. We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you may no longer be able to access and/or use any Virtual Currency and/or Virtual Goods (as defined above) associated with that account and no refund will be offered to you in relation to the same.
13.4. At any time, you may terminate this agreement and the resulting relationship with Mytona by stopping use of the Services.
Miscellaneous Provisions
14.1 Availability and Access.
You hereby agree that you are responsible for the maintenance of all devices, hardware, and equipment required to access the Services and for the payment thereof. Any materials or information provided on the Services are not intended for use or distribution by any individual or entity in any locale where said use or distribution would be in violation of applicable law/regulations, or where Mytona would be responsible for any registration in said locale.
14.2. Exclusion of United Nations Convention on Contracts.
The application of the United Nations Convention on Contracts for the International Sale of Goods and the United Nations Convention on the Limitation Period in the International Sale of Goods are hereby expressly excluded and will not apply to these Terms.
14.3. Entire Agreement.
These Terms, our Privacy Policy, game rules, scoring rules, controls and guidelines for each game, and the documents incorporated herein by reference shall constitute the entire agreement between Mytona and you, the user, regarding use of the Services and any other related matter, shall prevail over any and all prior or contemporaneous understanding or agreements of the parties involved, be they written, oral, or electronic, be they established by policy, practice, precedent, or custom, and shall not be changed by you, the user, except with the express consent of Mytona as posted on the Services.
14.4. Severability.
If any part of these Terms is held to be invalid or unenforceable under any applicable laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible the parties' original intentions and the remainder of these Terms shall remain valid and enforceable. If it is not possible to interpret an invalid or unenforceable part of these Terms in a manner consistent with applicable law, then that part shall be deemed deleted from these Terms without affecting the remaining provisions of these Terms.
14.5. No Waiver.
Any failure on the part of Mytona to exercise any and all rights or stipulations under these Terms shall not constitute a waiver of said rights or stipulations, and should any party hereof waive any violation or default in these Terms, it should not be interpreted as a waiver of any prior or later violation or default. Should any stipulation in these Terms be deemed invalid by a competent court or authority, the parties agree that the court shall consider the parties' intentions, as stipulated, and all other stipulations shall remain in effect.
14.6. Assignment.
Under no circumstances may you assign these Terms without the express written consent of Mytona. However, Mytona reserves the right to assign these Terms as it deems necessary.
14.7. Compliance.
Should there be any question of your compliance with these Terms, Mytona may request, and you must provide, any information, documentation, or releases necessary to prove such a fact.
14.8. Statute of Limitations.
In accordance with applicable international laws, any claim or cause of action arising out of or related to (i) use of our Services, including any services or information available through third-party platforms, or (ii) the Terms, or (iii) the Service, must be filed within six (6) months after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such 6-month period, such claim or cause of action is forever barred.
14.9. Construction and Waiver of Defense.
You, the user, hereby agree that these Terms, having been written by Mytona, shall not be used against Mytona in any manner. You hereby waive any and all defenses resulting from the fact that these Terms are in electronic form, and the acknowledgment of and agreement to said Terms does not require the physical signature of the parties to be binding and in effect.
14.10. Force Majeure.
Should there be any Act of God or other force majeure, such as war, terrorist act, civil or military action, embargo, riot, strike, fire, flood, accident, or energy shortage, or any other cause outside of Mytona's control, Mytona shall not be liable for any delay or failure of the Services' provision.
14.11. Third-Party Services.
We may link to third-party services or websites (including without limitation advertisements served by third parties) and/or the third-party services may be made available to you via Services. You understand that we make no promises regarding any content, goods, or services provided by such third parties and we do not endorse the same. We are also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties you are providing it in accordance with their terms and conditions and privacy policy (if any), to which Mytona is not a party.
14.12. Translation.
We may translate these Terms into multiple languages, and in the event that there is any difference between the English version and any other language version of the Terms, the English version will apply to the extent of the difference and to the extent permitted by applicable laws and regulations. If you are a resident of Indonesia, please see Section 14.15 for specific terms that may apply to you regarding translations.
14.13. Survival.
Any provisions of these Terms which by their express language or by their context are intended to survive the termination of this agreement, these Terms, or the Services shall survive such termination.
14.14. No Third Party Beneficiaries.
Except as explicitly provided herein, nothing contained in these Terms is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.
14.15. Jurisdiction-Specific Terms.
The following Jurisdiction-Specific Terms apply only to users located in each enumerated geographical region or as otherwise required by each applicable law.
Australia.
In relation to these Terms, as to moral rights, you consent to Mytona doing or omitting to do any acts that would otherwise infringe your moral rights or equivalent rights you may have in your content throughout the world.
United States, California.
Notice for California users. Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at +1 916 445-1254 or +1 800 952-5210.
China.
During your use of this Service, you may be able to set nicknames, avatars, signatures, messages, and other information for the account you use, and you may also set names, pictures, profiles, etc. when you create, manage, and participate in the use of our Services. You should ensure that the content and form of this information comply with laws and regulations. The term "laws and regulations" in this agreement refers to those of the user's region, the country's current effective laws, administrative regulations, judicial interpretations, local regulations, and departmental rules and regulations, public order and good customs, social ethics, and Mytona platform rules, and will not infringe the legitimate rights and interests of any subject.
When using this Service, you must abide by laws and regulations, and you must not make, copy, publish, or disseminate information containing the following content or engage in related behaviors, and you must not provide for the production, copying, publishing, or dissemination of information containing the following content or related behaviors:
Those who oppose the basic principles established by the Constitution.
Endangering national security, leaking state secrets, subverting state power, and undermining national unity.
Damage to national honor and interests.
Inciting ethnic hatred, ethnic discrimination, and undermining ethnic unity.
Those who undermine the state's religious policies and promote cults and feudal superstitions.
Spreading rumors, disturbing social order, and undermining social stability.
Spreading obscenity, pornography, gambling, violence, murder, or terror, or instigating crime.
Insulting or slandering others, infringing on the lawful rights and interests of others.
Violation of the bottom line of laws and regulations, the authority of social leaders.
You understand and agree that if you are a minor, you are only permitted to use our Services from 8:00 PM to 9:00 PM local time on Friday, Saturday, and Sunday, for no more than 3 hours total per week.
European Union.
Subject to the terms of any applicable device/platform via which you access our Services, you have the right to withdraw from a purchase of Virtual Currency or Virtual Goods within 14 days of your purchase, without giving a reason. You hereby expressly acknowledge that you lose your right of withdrawal once the performance of our Service has begun and your account is provided with access to the Virtual Currency or Virtual Goods. You agree that the supply of Virtual Currency or Virtual Goods and the performance of Services begins immediately after you complete your purchase. Therefore, once access to the Virtual Currency or Virtual Goods has been enabled on your account, the contract has been fully performed by us.
Mytona is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and Mytona at the time we entered into these Terms.
Where these Terms are not permitted by applicable law to affect your rights under the consumer protection laws of your Member State of residence or location, those rights will survive.
If you live in the European Union, we will provide you with a VAT invoice where we are required to do so by law or where requested by you. You agree that these invoices may be electronic in format.
For individual consumers (not businesses): for details regarding dispute resolution, please follow this link to the EU Commission's Online Dispute Resolution Platform http://ec.europa.eu/consumers/odr/.
Indonesia.
The Bahasa Indonesian translation of these Terms shall have equal standing as the English version.
Japan.
If you live in Japan, you agree to use any Virtual Currency within 180 days from the date of purchase.
Sweden.
Nothing in these Terms will affect your legal rights and remedies provided to you under Swedish consumer law, including the Consumer Contract Terms Act (1994:1512), the Distance and Off-premises Contract Act (2005:59), and the Consumer Sales Act (1990:932).
United Kingdom.
Nothing in these Terms will affect your legal rights and remedies provided to you under U.K. consumer law, including the Consumer Rights Act 2015. For detailed information about your consumer rights, please visit the Citizens Advice website at www.adviceguide.org.uk or call +44 3454 04 05 06.
14.16. Contact Details.
Should you have any questions regarding these Terms, please contact us at support@mytona.com.
14.17. Headings.
The headings in these Terms are for reference only and do not affect the interpretation of this agreement.