Terms of Service
Megaxus Mobile Games TERMS OF SERVICE
BY INSTALLING, USING OR OTHERWISE ACCESSING OUR SERVICES, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS OUR SERVICES. USE OF OUR SERVICE IS VOID WHERE PROHIBITED.
DESCRIPTION OF SERVICES
Subject to your full compliance with this Agreement, the Company may offer to provide certain products, services, and websites accessed through Internet-capable hardware platforms including personal computers, mobile computers, or smart phones, or in-game applications or software platforms including third-party hosts (collectively the “Services”). The Services shall include, but not be limited to, any service or content the Company provides to you, including any materials displayed or performed. The Company may change, suspend or discontinue the Services for any reason, at any time, including the availability of any feature or content. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
ACCOUNT LOGIN INFORMATION
You agree that you shall take all steps necessary to protect your log in details and keep them secret. You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account. In these terms, references to “log in details” or “account” include your log in details and account for any social network or platform that you may allow our Services to interact with. If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result. We will not be responsible to you for any loss that you suffer as a result of an unauthorized person accessing your account and using our Services and we accept no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise. 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 will no longer be able to access and/or use any Virtual Money and/or Virtual Goods (as defined below) associated with that account and no refund will be offered to you in relation to the same. You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, the level or score you have reached in our Services and any Virtual Money or Virtual Goods associated with your account).
INTELLECTUAL PROPERTY INFORMATION
All Services material, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, licensed to, or used with permission by the Company and is protected by copyright, trademark, and other intellectual property rights. The Services material is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by email or other electronic means, without the express prior written consent of the Company in each instance. You may download material intentionally made available for downloading through the Services for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials.
PLEASE NOTE: The Company welcomes input from the gaming community. However, any submissions to the Company of any nature whatsoever, whether through a posting on a Company website, email to the Company, mail, or any other means, becomes the sole and exclusive property of the Company, which shall have full right, title and interest thereto, including all copyrights (including the right to create a derivative work and the right of the original author in the exploitation of a derivative work), in all mediums now existing or hereafter created, and without any obligation to account, credit, or make any payment to the submitter for any use thereof. No purported reservation of rights incorporated in or accompanying any submission shall have any force or effect. By making a submission of any kind to the Company, you hereby agree to all of the foregoing.
CODE OF CONDUCT AND CONTENT
The following rules, policies, and disclaimers shall govern and/or apply to your use of the Services. By using the Services, you agree that: (1) you will only use the Services for lawful purposes, in compliance with applicable laws, for your own personal, non-commercial use; (2) you will not restrict or inhibit any other user from using and enjoying the Services (for example, by means of harassment, hacking or defacement); (3) you will not use the Services to create, upload, or post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of one’s privacy, in violation of any law, or is inconsistent with community standards; (4) you will not post, upload, or create any copyrighted material using the Services unless you own the copyright in and to such material; (5) you will not post, upload, or transmit any information or software that contains a virus, worm, timebomb, cancelbot, Trojan horse or other harmful, disruptive, or deleterious component; (6) you will not post, upload, create, or transmit materials in violation of another party’s copyright or other intellectual property rights; (7) you will not cheat or utilize any unauthorized robot, spider, or other program in connection with the Services; and (8) you will not impersonate any other individual or entity in connection with your use of the Services, including without limitation a Megaxus employee; (9) you will not attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Megaxus employees, including Megaxus’ customer service representatives. All determinations will be made by the Company in its sole discretion.
When we provide Services involving user-generated content (“UGC”), we do not review every piece of UGC, nor do we confirm the accuracy, validity, or originality of the UGC posted. We do not actively monitor the contents of the postings, nor are we responsible for the content of any postings. We do not vouch for, nor do we warrant the validity, accuracy, completeness, or usefulness of any UGC. The contents of the postings do not represent the views of the Company, its subsidiaries, or any person or property associated with the Company, the Services, or any website in the Company’s family of websites. If you feel that any posting is objectionable, we encourage you to use associated report functions or contact us by visiting www.megaxus.com/support. We will remove objectionable content if we deem removal to be warranted. Please understand that removal or editing of any content is a manual process and might not occur immediately. We reserve the right to remove (or not) any UGC or content for any (or no) reason whatsoever. You remain solely responsible for your UGC, and you agree to indemnify and hold harmless the Company and its agents with respect to any claim based upon the transmission of your UGC. Posting of advertisements, chain letters, pyramid schemes, solicitations, and the like, are inappropriate and forbidden on the Services (including bulletin boards and chat rooms). If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
LIMITED LICENSE BY THE COMPANY
The Company grants you a limited, non-sub licensable license to access and use the Services. Such license is subject to this Agreement and, as applicable, and specifically conditioned upon the following: (i) you shall not have more than one Account at any given time, sell or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by Megaxus, or previously been banned from playing any Megaxus games; (ii)you may only view, copy and print portions of the Services for your own informational, personal and non-commercial use; (iii) you may not modify or otherwise make derivative uses of the Services, or any portion thereof; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Services; (v) you may not use any data mining, robots or similar data gathering or extraction methods; (vi) you may not use the Services other than for their intended purpose; (vii) you may not reproduce, prepare derivative works from, distribute or display the Services, except as provided herein; (viii) you may not attempt to gain unauthorized access to the Services, Account registered to others or to the computers, Servers, or networks connected to the Services by any means other than the user interface provided by the Company, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Services; (ix) you may not use reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Megaxus game, or to obtain any information from the Service or any Megaxus game using any method not expressly permitted by Megaxus; and (x) you must not violate the Code of Conduct and Content set forth above.
Except as expressly permitted above, any use of any portion of the Services without the prior written permission of the Company is strictly prohibited and will terminate the license granted herein. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time. You represent and warrant that your use of the Services will be consistent with this license, and any other applicable agreements or policies, and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify the Company against any liability to any person arising out of your use of Services not in accordance with this Agreement. To request permission for uses of the Services not included in the foregoing license, you may write to the Company at firstname.lastname@example.org.
LICENSE TO THE COMPANY
By creating user-generated content (“UGC”), posting messages, uploading files, creating files, inputting data, or engaging in any form of communication with or through the Services, you are granting the Company a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license (including the right to sublicense and assign to third party) to: (1) use, copy, sublicense, adapt, transmit, publicly perform, or display any such material; and (2) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the material. The foregoing grants shall include the right to exploit any proprietary rights in such material, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction.
You further hereby grant to Megaxus the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any UGC, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your UGC, regardless of whether your UGC is altered or changed in any manner. Megaxus does not claim any ownership rights in your UGC and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your UGC. Megaxus has no obligation to monitor or enforce your intellectual property rights in or to your UGC.
RINGTONES, WALLPAPERS, AND OTHER MOBILE DEVICE SERVICES & PRODUCTS
Certain mobile phone handsets and carriers offer services that enable consumers to select and purchase directly through their mobile devices various digital mobile products. The Services may also offer the ability to select and purchase various digital mobile products that will be delivered to your mobile device. These digital mobile products offerings and products may enable the consumer to customize their mobile device or mobile device service (for example with ringtones or wallpaper), or allow the consumer to select certain video or audio files that can be viewed or listened to whenever the consumer chooses. All or some of the digital mobile products offerings may not be available on, transmissible to, or compatible with all mobile devices. As a result, consumers may not be able to access, purchase or make use of all the services or offerings. Any attempt to purchase these products or services may result in mobile carrier charges being separately billed to your mobile device account for SMS messaging or other communications. In addition, the consumer may be separately billed by the mobile carrier for the actual product, service or offering selected. In the event the consumer has a call waiting and an incoming call is received while accessing or ordering any mobile product or service, such product, service or other offering may be interrupted or may not completely download. You can unsubscribe from any subscription service by following the instructions in the message or on the website related to the product. Please see http://www.megaxus.com/support for support information regarding our other products.
VIRTUAL CURRENCY AND VIRTUAL GOODS
The Services, including software, may offer the ability to purchase and/or earn via gameplay a limited license to use Virtual Currency and/or Virtual Goods exclusively within applicable software and services provided by the Company. Such license is subject to and specifically conditioned upon your acceptance of, and compliance with, this Agreement and any other applicable policies or agreements. All in-game Virtual Currency and/or Virtual Goods may be consumed or lost by players in the course of gameplay according to the game’s rules applicable to currency and goods, which may vary.
You agree that Virtual Currency and Virtual Goods can never be exchanged for real money, real goods or real services from us or anyone else. You also agree that you will only obtain Virtual Currency and/or Virtual Goods from us, and not from any third party.
Megaxus may manage, regulate, control, modify or eliminate Virtual Currency and/or Virtual Goods at any time, with or without notice. Megaxus shall have no liability to you or any third party in the event that Megaxus exercises any such rights. The transfer of Virtual Currency and Virtual Goods is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Services, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to Megaxus, another user or any third party. ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
If we suspend or terminate your account in accordance with these terms you will lose any Virtual Currency and Virtual Goods that you may have and we will not compensate you for this loss or make any refund to you.
THE COMPANY MAY PROVIDE LINKS AND POINTERS TO INTERNET WEBSITES MAINTAINED BY THIRD PARTIES (“THIRD-PARTY SITES”) AND MAY, FROM TIME TO TIME, PROVIDE THIRD-PARTY MATERIALS ON ITS WEBSITES. NEITHER THE COMPANY, ITS PARENT OR SUBSIDIARY COMPANIES, NOR THEIR AFFILIATES, ENDORSE, TAKE RESPONSIBILITY FOR, OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES ON THESE THIRD-PARTY SITES. THE MATERIALS ON COMPANY WEBSITES AND THE THIRD-PARTY SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. MEGAXUS DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF COMPANY WEBSITES AND THE SERVICES. VOID WHERE PROHIBITED.
Although Company Services are accessible worldwide, not all products or services are available to all persons or in all geographic locations. The Company reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made is void where prohibited.
You agree to indemnify, defend, and hold harmless the Company and its affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation by you of this Agreement. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
If a dispute arises between you and Megaxus, we strongly encourage you to first contact us directly to seek a resolution by going to our customer support. In the unlikely event that we cannot solve your concern and you wish to bring legal action of any claim or dispute against us these terms shall be governed by and construed in accordance with the laws of Indonesia, and must be resolved exclusively by a court located in Indonesia.
This Agreement is entered into in Indonesia and shall be governed by, and construed in accordance with, the laws of Indonesia, exclusive of its choice of law rules. You and the Company agree to submit to the exclusive jurisdiction of the courts sitting in Indonesia, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. You and the Company further agree as follows: (i) any claim brought to enforce this Agreement must be commenced within two (2) years of the cause of action accruing; (ii) no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees; and (iii) any claim must be brought individually and not consolidated as part of a group or class action complaint.
SUSPENSION AND TERMINATION OF ACCOUNT AND SERVICES
The Company may terminate or suspend any and all Services and any registered account immediately, without prior notice or liability, for any reason, including if you breach any terms and conditions of this Agreement or Megaxus suspects that you are, failing to comply with any of these Terms of Service or for any actual or suspected illegal or improper use of the Services. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You can lose your user name and persona as a result of Account termination or limitation, as well as any benefits, privileges, earned items and purchased items associated with your use of the Services, and Megaxus is under no obligation to compensate you for any such losses or results.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. MEGAXUS RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 OR MORE DAYS.
Megaxus reserves the right to stop offering and/or supporting the Service or a particular game or part of the Services at any time, at which point your license to use the Services or a part thereof will be automatically terminated. In such event, Megaxus shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Services or any part thereof including any content you submitted or others submitted. You may terminate your Account at any time and for any reason by informing Megaxus that you wish to terminate your Account.
Megaxus may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
WAIVERS OF OUR RIGHTS
Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by you and us.
REPEAT INFRINGER POLICY
The Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, registered accounts deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Services and/or terminate the Account of anyone who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
Megaxus shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Megaxus, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Megaxus’ control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.