MINIGAME ENTERTAINMENT LIMITED is a new game company that will offer better casual games for the payers.
With rich game developing experience, MINIGAME will take part in the process of promoting the game industry together with all the game developers.
Last updated: June. 1, 2019
If you have any questions, complaints, or comments regarding this Policy, please contact us at cs [@] minigameltd.com (Please remove the brackets and spaces between cs, the @ symbol, and minigameltd.com).
We currently operate the following Website (the Site):
In addition, we own other domain names that may redirect to the home page and/or content-specific Subsites of MINIGAME.
As we progress, we may add new Sites that may not be listed above, but they will provide a link to this Policy and will be governed by its terms.
Collected Personal Identifiable Information
All personal information we collect is voluntarily provided by you, the user. If you decide to provide us with your personal information (e.g., name, email address, and mailing address) we will only collect the personally identifiable information which is needed to fulfill your use of our services and our legitimate business objectives. If you refuse to divulge your personal information when requested, you may not be able to access certain areas of the Site (such as our forum boards or user profiles) or use certain services (such as online games).
In order for you to sign-up and register with MINIGAME, we require that you to supply us with an existing and truthful email address, state and country of residence, zip/postal code, birth date, gender and real name. Although some areas may allow you to visit as a guest and remain anonymous, you may not be able to access all content and features without prior registration.
Additionally, you may be asked to select a user or member name and password to be addressed by. Please do not use your real name or the real name of another person when selecting a user name. Note that your user name will be available to the internet’s general public while you participate in some services, like chat rooms or message boards, so you should exercise discretion and caution when using such services. Personal information disclosed by you within our chat areas, in game service, or message boards, etc, may be collected by other users of such services and may result in unsolicited messages, among other undesirables. MINIGAME may not be held responsible for protecting such information that you may disclose to third parties through our services (e.g. sending your telephone number to another user through the chat service). To the extent that you create a public profile that may be available to others on our Site and services, you are solely responsible for its content and accuracy at all times. To edit, change, or delete such information, follow the instructions disclosed on the web site.
Special Events and Promotions
To participate in some of our sweepstakes, contests, surveys, and other promotions, you may be asked to provide additional personal information such as your mailing address. In each such case, no new personal information will be collected from you without your consent. This information may be collected by MINIGAME or by third parties such as co-sponsors or vendors for the promotion. MINIGAME’s use of any such information will be governed by this Policy. The names of third parties such as co-sponsors (other than vendors hired by MINIGAME to conduct, administer, and execute a promotion on behalf of MINIGAME) will be disclosed to you when you are asked to sign up for the promotion. You should review such third parties’ privacy policies to see how they may use any information that they collect.
Newsletters or Emails
As a company, MINIGAME may send out information via email to alert our registered users of upcoming news or information. A membership is typically required to receive emails from our company. Other ways to receive news or information from our company is by specifically doing so during special occasions. We may also, except where prohibited by law, provide services where you can send a newsletter to a friend. This may require you to submit additional information such as an email address and their real name. However, we do not store that information and will delete any additional information about another party that you have submitted after we have sent your request to send to your friend. If you have received emails from us, you are able to opt out from receiving future emails by following the supplied instructions disclosed on the email itself.
Issues related to Customer Service, technical support, and billing issues, etc. may also require you to provide us with personal information such as your real name, email address, street address, etc.) so that we may address your inquiries and other situations properly.
Online Games and Services
While playing or using any services and technologies operated by MINIGAME, or by using any additional communication features, whether on our Site or in our games, your IP address (your Internet Protocol Address from which you use to access any of the services mentioned above) will be stored for our records. Our services may include "patches" or "updates" to our games and other online services. When this happens a routine check will be administered to ensure your computer has the most current and correct files related to our games. If you use our services to communicate with others, even if privately, you do so with the knowledge that those communications are relayed through our servers and all information can be monitored by our staff. Using our services, you expressly consent to allow us to monitor your communications and thusly you have no expectation of privacy in any of those communications. This monitoring also includes when you submit for technical support and Customer Service information that you may send and receive. When you log into our games your system specifications will be reviewed/recorded by us so we can analyze the information and help optimize your experience. This information will also be used to help our Customer Service better serve you when you require support for our services.
MINIGAME may collect non-personal information when you use our services such as demographic, general, and/or aggregate data. This information will not be linked and/or released with your personal information, without your consent. This type of information that we may collect has been provided to us by you, the user, while submitting surveys, polls, etc. Other non-personal information we may collect may be aggregated anonymous information about site usage and customer base.
While registering or submitting surveys, polls, etc., we may ask you to provide information that does not personally identify you. This information can include game preferences, entertainment preferences, purchasing habits, etc. This information is optionally supplied by you to our services and will be included in your account profile. This information is collected by our company to better understand our guests and community so that we may continue to provide services that better cater to our players. We may also use this information so we can bring to your attention new services, programs, events or other offers that may be of interest to you. You may request to remove this information from our databases by contacting Customer Service. For other scenarios where you do not supply the non-personal information, MINIGAME may automatically collect this type of information when you use our Site and other services. Other non-personal information we may collect can include, but not limited to, the type of Internet browser or computer operating systems that you are using. Also, we may collect the domain name of your ISP (Internet Service Provider), clicking preferences through our Site and advertisement banners, ads, or links you may have used when you come to our site or are sent to a third party site. All non-personal information that we collect automatically will remain anonymous unless you provide us with your personal information or have agreed to. Your visit to our site and services may be collected by the web technologies we mention below.
MINIGAME web Site, and some services and advertisements on such Site, may contain "cookies." A cookie is a piece of data that is sent to your browser, which will store the cookie on your computer -- if your browser accepts cookies. In order to use our Site we may require you to have cookies accepted, such as to log in or use other online services. Clear gifs (also known as "web beacons") may also be used to assist in the delivery of those cookies.
Any and all personal information which we collect for a particular purpose will only be saved and used for said purpose, unless you have agreed to allow us to use it for another other purpose as disclosed on our site or as described in this Policy.
If and when you provide your personal information, MINIGAME may disclose the information to other companies that we have partnered with in order to provide you with the assistance or service which you have requested. In addition, MINIGAME may supply personal information to law enforcement authorities or other appropriate agencies in connection with criminal investigations, investigations of fraud, infringement of intellectual property rights, or other suspected illegal activities, or as otherwise may be required by law, or, as we deem appropriate measures in order to protect the legitimate legal business and interests of MINIGAME.
MINIGAME uses the information that we collect from you for the main purpose of providing you with the services which you have subscribed or purchased, technical support, Customer Service, and account maintenance. In doing so, we may learn what you like in order to tailor your experience accordingly or to improve the site or products respectively to our audience. Except as described in this Policy, MINIGAME will never give any of your personal identifiable information to any third party without your expressed permission to do so, and the only personal information we may give out with your permission would be no more than your name, mailing address, and email address. We sometimes disclose general, demographic, or aggregated (non personal) information with third parties about our player and customer base, however, such information does not include identifiable information.
By using our services, you also consent that another organization or company may obtain and keep all related personal information and/or databases in the event that MINIGAME assigns all of its rights and obligations to another subsequent owner, whether it be due to bankruptcy, merger, acquisition, sale of all or substantially all company assets, or similar event.
3rd Party Links
Occasionally, MINIGAME may provide or supply hyperlinks to a third party web site. This Policy does not apply to any third party web site, whether or not link provided by us or not, so we encourage you, the individual, to review all applicable policies of all such Site carefully, as your rights will be governed by those third party policies and not by MINIGAME’s. Additionally, there may be unauthorized third party Site that may be providing links from their Site to our Site without our knowledge or consent. MINIGAME takes no liability for third party content or any claims they may make.
Information Modification and/or Deletion
In the event that you need to update your account information, personal identifiable information, or wish to no longer receive news or updates via email, you may do so by emailing MINIGAME at cs [@] MINIGAME.com (Please remove the brackets and spaces between cs, the @ symbol, and MINIGAME.com). If you choose to have your personal information removed from our active databases, we will do so within a reasonable time after your request and we will take reasonable steps to ensure that your personal data is not used (except as may be required by law) by MINIGAME after your notification to us.
Persons Outside of the United States
By accepting to this Policy, you confirm that your understanding and comprehension of the English language is sufficient to be aware of the terms and conditions set forth herein.
For persons within the European Union, here forth, terms such as "personal information" refer to "personal data" as defined by the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data ("Directive"). We will not collect any personal data from you unless you provide it voluntarily by providing us with your freely given specific and informed consent. By using MINIGAME Website or services, you agree that we may transfer and view your personal information outside the European Union in connection with the purposes stated in this Policy. Your personal data may be transferred to other non-EU jurisdictions as applicable.
In certain countries, some of our online games and the services related may be provided to you by third party distribution partners. To the extent that a third party distributor is providing services related to your account, you understand and agree that each such distributor will collect and use your personal information in accordance with its own privacy policies (which you will have access to when you register to play). To the extent that MINIGAME collects or retains any of your personal information, its use will continue to be governed by the terms of this Policy.
Information Regarding Minors
MINIGAME respects and complies with the Children’s Online Privacy Protection Act and all other applicable laws and regulations concerning children and the Internet, and thusly, our Site and services are not directed at persons under the age of 13 (children). MINIGAME does not provide memberships to nor will knowingly collect, maintain, or disclose personal information of those who do not meet the minimum age requirement (except as may be required by law). If you are an individual under the age of 13, you may not create an account on the Site, you may not sign up for any subscription services or buy anything through the Store, and you are not eligible to enter any of our sweepstakes or promotions.
If you are between the ages of 13 through 18, please inform your parent or legal guardian about this Policy and be sure to get their permission before giving us any of your personal information, before you use any of our message boards or chat features, before you sign up for any game services, and before you buy anything from our Store. Do not reveal your personal identifiable information in the public, such as in game or in the forums. It is also suggested to use nicknames or screen names at all times, for your safety. Lastly, if you choose to enter a special event or promotion, please do so with your parental or legal guardian’s consent beforehand.
MINIGAME encourages parents and guardians to spend time online with their children to become familiar with the types of content available on the Internet, including our online games. If you are a parent or guardian who has discovered that your child has submitted his or her personal information without your permission or consent, MINIGAME will take reasonable steps to remove that information from the MINIGAME database at your request. To request removal of your child’s information, please contact us at cs [@] MINIGAME.com (Please remove the brackets and spaces between cs, the @ symbol, and MINIGAME.com) and be sure to include in your message the same user name, password, and email address that your child submitted.
While MINIGAME takes precautions against possible security and privacy breaches in its web Site and customer databases, no web site or Internet transmission is completely secure. Therefore, MINIGAME cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of the MINIGAME Site and services is at your own risk. MINIGAME urges you to take steps to keep your personal information safe by memorizing your password or keeping it in a safe place (separate from your account information), changing your password often, logging out of your user account when usage is complete, and closing your web browser before leaving your computer.
Whenever you give MINIGAME sensitive or confidential information, MINIGAME will take commercially reasonable steps in order to protect the data.
MINIGAME reserves the right to change this Policy at any time by notifying registered users via e-mail of the existence of a new Policy and/or posting the new Policy on the MINIGAME Site. All changes to the Policy will be effective when posted, and your continued use of any MINIGAME site or service after the posting will constitute your acceptance of, and agreement to be bound by, those changes.
Terms of Services and Use
Before downloading, installing, accessing and/or using any game, products (real and/or virtual) and/or services and/or websites please carefully read the following Terms. This Agreement is an electronic agreement that sets out the legally binding terms of your use of any game, service, and /or website from MINIGAME ENTERTAINMENT LIMITED. When you use any game, service, and /or website from MINIGAME ENTERTAINMENT LIMITED you agree that you are at least 14 years old (or such other minimum age as is applicable in your country of residence), have the full legal right, authority and capacity to enter into this Agreement and that you have read, understood and agree to be bound by the terms of this Agreement. If you do not agree to this Terms, please do not use any MINIGAME ENTERTAINMENT LIMITED website, online or offline product or service. If you are younger than 14 years, you can only download or connect to our games, if your parent(s) or legal guardian have/has reviewed these Terms and allowed you to play our games subject to these Terms.
If you are a parent or guardian, MINIGAME ENTERTAINMENT LIMITED recommends that you monitor your children's online activities. To protect your children’s privacy, MINIGAME ENTERTAINMENT LIMITED advises you to check that your children never disclose their personal data without your prior consent.
MINIGAME ENTERTAINMENT LIMITED restricts access to certain services on age grounds or in certain jurisdictions for certain services. MINIGAME ENTERTAINMENT LIMITED may allow a Child to register for certain services with parental approval. MINIGAME ENTERTAINMENT LIMITED reserves the right to ask for written proof of parental consent for any user or potential user we suspect is a minor. Parental consent applies exclusively to the specific services for which it has been granted.
In all cases, use of the Services by minors must take place under the responsibility of their parents or legal guardians and any use of the Services is assumed to have been validated by them. AS FAR AS IS PERMITTED BY APPLICABLE LEGISLATION, MINIGAME ENTERTAINMENT LIMITED DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES WHICH MAY BE CONDUCTED BY MINORS WITHOUT THE PERMISSION OF THEIR PARENTS OR LEGAL GUARDIANS. IF YOU ARE A PARENT OR LEGAL GUARDIAN AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO RESISTER FOR ONE OR OTHER OF THE SERVICES, YOU THEREBY AGREE TO THE TERMS RELATING TO USE OF THE SERVICES BY YOUR CHILD.
We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
If you download a game, you must be aware of the following restriction:
A download of a game is not permitted if you reside in a country that is subject to an official ban by the government of the USA or which the government of the USA has determined a country that supports terrorism. When you download games via any store, as a user, you therefore assure that you do not reside in a country which is subject to an official ban by the US government or in a country which the US government has determined to be a country "supporting terrorism"; and that you are not on any list of "prohibited or restricted parties" as published by the US government.
Updates to Terms
MINIGAME ENTERTAINMENT LIMITED reserve the right to modify and update this Terms at any time in accordance with applicable laws. If we change our Terms, we will post those changes to this Terms, the website, on the game screen or other places. If we make material or significant changes to this Terms, we will notify you by email or by a notice on the applicable websites or during log in. Please visit this page frequently. Revisions to the Terms affecting existing MINIGAME ENTERTAINMENT LIMITED services shall be effective thirty (30) days after posting. Your continued use of our websites, games, online and/or any MINIGAME ENTERTAINMENT LIMITED services will signify your acceptance of the changes to our Terms.
Registration/ MINIGAME ENTERTAINMENT LIMITED Account.
Upon registration you will be asked to choose a password and a user/account name. Account names and personas are tied to your account. You are entirely responsible for maintaining the confidentiality of your password and account. You should not reveal your account password or other log-in data to others. You may not use a user/account name that is considered by MINIGAME ENTERTAINMENT LIMITED to be vulgar or otherwise offensive, infringes any trademark or other proprietary rights of others, is already in use, or is used in any way that violates the Terms or any laws or regulations. You are solely responsible for all activity on your account. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be liable for losses incurred by MINIGAME ENTERTAINMENT LIMITED or another party due to someone else using your account or password. You will only create one unique profile. You agree to notify MINIGAME ENTERTAINMENT LIMITED immediately of any unauthorized use or theft of your account or any other breach of security and to provide properly documented evidence as reasonably requested by MINIGAME ENTERTAINMENT LIMITED. Furthermore, it is strictly prohibited to sell or assign your account to someone else. Please not that MINIGAME ENTERTAINMENT LIMITED will not ask you to reveal your password or initiate contact with you asking for answers to your password security questions. MINIGAME ENTERTAINMENT LIMITED is authorized to delete the user account if there are grounds justifying this (e.g. if user accounts without a membership are inactive for longer periods of time, if someone else uses it to engage in activity that violates the Terms or is otherwise improper or illegal).
You may pay fees using the methods available for the particular MINIGAME ENTERTAINMENT LIMITED service and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary. When you provide credit card or other payment information to MINIGAME ENTERTAINMENT LIMITED and/or its payment providers, you represent to MINIGAME ENTERTAINMENT LIMITED and/or its payment providers that you are the authorized user of the credit card or other payment method. You must provide current, complete, and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify MINIGAME ENTERTAINMENT LIMITED and/or its payment providers if your credit card is canceled (for example, for loss or theft). Changes to such information can be made by contacting MINIGAME ENTERTAINMENT LIMITED's or the payment provider's customer service (as applicable). MINIGAME ENTERTAINMENT LIMITED reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit cards provided by you. As the Account holder, you are responsible for all usages all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your account, including your family or friends. We may provide links to other websites. Some of these web sites may charge separate fees which are not included in any fees that you may pay to MINIGAME ENTERTAINMENT LIMITED. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.
Some MINIGAME ENTERTAINMENT LIMITED games or websites may contain the ability to create, modify, design, upload, embellish, or otherwise alter objects or other elements (“User Content”). You agree and acknowledge that user photos and videos are owned by the respective users and not by MINIGAME ENTERTAINMENT LIMITED.
Although the games and/or websites can be used to provide you with access to User Content, neither these Terms nor your use of any game override User Content owners' requirements and restrictions, which may include "all rights reserved" notices. Creative Commons licenses or other terms and conditions may be agreed upon between you and the owners. IN ALL CASES, YOU ARE SOLELY RESPONSIBLE FOR MAKING USE OF USER CONTENT IN COMPLIANCE WITH OWNERS' REQUIREMENTS OR RESTRICTIONS.
Some User Content has elements of content that some may regard as excessively violent, vulgar, distasteful, explicit, sexually provocative, lewd, crude, hateful, taunting, harassing, threatening, and otherwise of questionable taste. If you object to or are sensitive to such content, and do not want to be exposed to it, please do not proceed.
All MINIGAME ENTERTAINMENT LIMITED services (e.g. games and websites) are intended solely for your personal, noncommercial use in accordance with these Terms. The use for business or commercial purposes is prohibited, unless MINIGAME ENTERTAINMENT LIMITED gives the prior written consent.
You agree that you will not, unless specifically permitted by MINIGAME ENTERTAINMENT LIMITED (i) copy, display or distribute any part of the games, websites or other MINIGAME ENTERTAINMENT LIMITED services in any medium, without MINIGAME ENTERTAINMENT LIMITED’s prior written consent, or (ii) alter or modify any part of a games, websites or other MINIGAME ENTERTAINMENT LIMITED services other than as may be reasonably necessary to use a game and/or the website for their intended purpose(s). You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available in a game, or to manipulate a game and/or a third party site in any manner not consistent with its or their intended purpose(s). You will take no action to interfere with, interrupt, destroy or limit the functionality of any games, websites or other MINIGAME ENTERTAINMENT LIMITED services, or any computer software or hardware or telecommunications equipment. You will not use the games, websites and/or other MINIGAME ENTERTAINMENT LIMITED services in any manner that could damage, disable, overburden, or impair any MINIGAME ENTERTAINMENT LIMITED server, or the network(s) connected to any MINIGAME ENTERTAINMENT LIMITED server, or interfere with any other party’s use and enjoyment of the games, websites and/or other MINIGAME ENTERTAINMENT LIMITED services. You will not attempt to gain unauthorized access to the games, websites and/or other MINIGAME ENTERTAINMENT LIMITED services, other accounts, computer systems or networks connected to any MINIGAME ENTERTAINMENT LIMITED server or to any game and/or third party site, through hacking, cracking, distribution of counterfeit software, password mining or any other means. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available through any of the games, websites and/or other MINIGAME ENTERTAINMENT LIMITED services. You will not reverse engineer, decompile or disassemble any software, games, websites and/or other MINIGAME ENTERTAINMENT LIMITED services and/or third party sites, including any proprietary communications protocol used by MINIGAME ENTERTAINMENT LIMITED. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the websites of the games so long as the link does not portray MINIGAME ENTERTAINMENT LIMITED, any game, and/or services in a false, misleading, derogatory, or otherwise offensive manner or express or imply any endorsement by MINIGAME ENTERTAINMENT LIMITED of the site from which you are linking. Further, the site from which you are linking to our games must not contain any obscene, defamatory, pornographic, offensive or illegal content.
Further, you must not use the game, website and/or the included communication services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Further, you must not publish, post, upload, transmit, distribute or disseminate content that MINIGAME ENTERTAINMENT LIMITED determines is beyond the acceptable level of content MINIGAME ENTERTAINMENT LIMITED has set for the game such as content that is illegal, harmful, abusive, threatening, vulgar, distasteful, sexually explicit, political, defamatory, obscene, embarrassing, unwanted, rude, hateful or racially, ethnically, sexually, or, in a reasonable person’s view, otherwise offensive or objectionable, or encourage others to do so. Furthermore, you may not use, upload, transmit, distribute or otherwise make available any material or information, which contain any materials that could infringe any copyright, trademark, patent, trade secret, publicity or privacy right or any other proprietary right or disclose any trade secret of or violate any confidential obligation of any person or entity, unless you have first received permission from the owner of those rights to use the materials in this manner. Further, you must upload files that contain viruses, trojan horses, worms, time bombs, cancel bots, corrupted files or data, or any other similar software or programs that may damage the operation of a game or other users’ computers.
Except as expressly authorized by MINIGAME ENTERTAINMENT LIMITED, you may not advertise or offer to sell or buy any goods or services for any purpose, unless the software specifically allow such messages. You further may not falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Further may not impersonate or create a false identity (such as a celebrity or MINIGAME ENTERTAINMENT LIMITED representative) for the purpose of misleading others. May not use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users or other user or usage information or any portion thereof. May not improperly use support or complaint buttons or make false reports to MINIGAME ENTERTAINMENT LIMITED administrators. May also not use, develop or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications. May not use a bulletin board or other communications service in any manner other than for personal communication as an individual user (i.e. not as a corporation or other entity). May not use any software for fraudulent transactions and /or sell, buy, or transfer access to your account. May not exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage. Maintain more than one account.
Please note that MINIGAME ENTERTAINMENT LIMITED will need to operate a zero tolerance policy. If any such aforementioned behavior is detected, your access to the games may be terminated with or without additional notice to you.
Virtual Ingame Assets
When using some games you may purchase virtual ingame assets, including, without limitation, weapons, objects, artifacts, currency, items, equipment, and/or other value or status indicators inside our games to speed up gameplay and progress in the games by spending real money (“Ingame Assets”). All Ingame Assets exist on servers only as data. Ingame Assets cannot be exchanged into real money. INGAME ASSETS ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. You understand that you do not own Ingame Assets, but acquire a limited license to use Ingame Assets according to the specific game’s gameplay. You acknowledge and agree that such Ingame Assets are accumulated as part of your account and therefore you shall have no ownership or other property interest in any Ingame Assets. MINIGAME ENTERTAINMENT LIMITED does not provide or guarantee, and expressly disclaims any value, cash or otherwise, real or virtual, attributed to any data residing on servers operated by MINIGAME ENTERTAINMENT LIMITED, including without limitation the Ingame assets associated with your account. You further acknowledge and agree that MINIGAME ENTERTAINMENT LIMITED has the right, but not the obligation, to delete, alter, move, remove, or transfer any and all Ingame Assets, in whole or in part, at any time and for any reason, with or without notice to you, and with no liability of any kind to you.
The sale or transfer of items of Ingame Assets or virtual currency between users may only be conducted via services approved of and provided by MINIGAME ENTERTAINMENT LIMITED, if any, and MINIGAME ENTERTAINMENT LIMITED may terminate any account that acts in contravention of this prohibition.
NOT WITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF MINIGAME ENTERTAINMENT LIMITED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CLAIM, RIGHT, TITLE, OWNERSHIP OR OTHER PROPRIETARY INTEREST IN THE GAMES OR INGAME ASSETS THAT YOU ACQUIRE, REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR ANY OF THE FOREGOING. FURTHERMORE, MINIGAME ENTERTAINMENT LIMITED WILL NOT BE LIABLE IN ANY MANNER FOR THE DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, “HACKING,” OR ANY OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO THE GAME OR INGAME ASSETS, INCLUDING, BUT NOT LIMITED TO, THE DELETION OF VIRTUAL CURRENCY AND/OR INVENTORY UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT, OR DISCONTINUATION OF A GAME.
Some games may contain the ability to create, modify, design, embellish, or otherwise alter objects or other elements in the game. You agree to use this only to customize your own playing experience within the game. Some games may also contain the ability to send messages and other communications to other players or to post messages to public forums. You agree to use the communication services only to post, send and receive messages and material that are proper and, when applicable, related to the games.
MINIGAME ENTERTAINMENT LIMITED has no obligation to monitor the User Content. However, MINIGAME ENTERTAINMENT LIMITED reserves the right to review and remove any User Content at any time, without notice, for any reason and in its sole discretion. MINIGAME ENTERTAINMENT LIMITED specifically disclaims any liability with regard to the User Content. If you encounter something you find objectionable and in violation of these Terms, you can report it to customer service.
By submitting User Content to the games, websites and/or other MINIGAME ENTERTAINMENT LIMITED services, you grant to MINIGAME ENTERTAINMENT LIMITED, and its successors in business and assigns, employees, licensees, agents, representatives and other authorized users of the game and any communication Services, a perpetual, irrevocable, worldwide, exclusive royalty free license to reproduce, distribute, perform, modify, edit, display, adapt, create derivative works from, and market and promote the User Content, for any commercial or noncommercial purposes, and in any medium now existing or hereinafter developed without your prior approval or the payment of any compensation and without notice. You also grant each user of the games and/or websites a nonexclusive license to access your User Content as permitted through the functionality of the games and the website (as applicable) and under these Terms. To the extent permitted by applicable laws, you hereby waive any moral rights and rental rights you may have in the User Content you submit.
You acknowledge and agree that your communications via the games, any communication services (whether or not part of a game) are public and not private communications and MINIGAME ENTERTAINMENT LIMITED is not responsible for information that you choose to communicate to other users, or for the actions of other users. You understand and agree that when you communicate with other players within a game or utilize any interactive features available on a game, such as instant messaging, forums or chat rooms, such communications and postings are transmitted through our servers, and we may, but are not obligated to, monitor all such communications and postings. You acknowledge that you have no expectation of privacy with respect to any such communications or postings, and you expressly consent to such monitoring.
MINIGAME ENTERTAINMENT LIMITED’s company policy does not allow us or any of our employees to accept or consider any unsolicited ideas, suggestions, proposals, comments or materials. The purpose of this Terms is to avoid potential misunderstandings or disputes if products, services or features developed or published by MINIGAME ENTERTAINMENT LIMITED might appear to be similar or identical to ideas that may have independently occurred to you. If, despite our request that you not send us your ideas, you still choose to submit them to MINIGAME ENTERTAINMENT LIMITED, then regardless of what your letter says, the following terms shall apply. You agree that:
All unsolicited ideas, suggestions, proposals, comments or materials shall be deemed non-confidential and non-proprietary. MINIGAME ENTERTAINMENT LIMITED shall have no obligations, including but not limited to, no obligation to review or return any materials. MINIGAME ENTERTAINMENT LIMITED may use, redistribute, or any disclose unsolicited ideas, suggestions, proposals, comments or materials worldwide without any restriction, in any way and for any purpose whatsoever, commercial or otherwise, without any compensation or credit obligation to you or any third party.
User Requirements. You agree that you will not:
Use any game, communication services, and/or websites in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Publish, post, upload, transmit, distribute or disseminate content that MINIGAME ENTERTAINMENT LIMITED determines is beyond the acceptable level of content MINIGAME ENTERTAINMENT LIMITED has set for the games such as content that is illegal, harmful, abusive, threatening, vulgar, distasteful, sexually explicit, political, defamatory, obscene, embarrassing, unwanted, rude, hateful or racially, ethnically, sexually, or, in a reasonable person’s view, otherwise offensive or objectionable, or encourage others to do so.
Use, upload, transmit, distribute or otherwise make available any material or information, which contain any materials that could infringe any copyright, trademark, patent, trade secret, publicity or privacy right or any other proprietary right or disclose any trade secret of or violate any confidential obligation of any person or entity, unless you have first received permission from the owner of those rights to use the materials in this manner.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files or data, or any other similar software or programs that may damage the operation of a game and/or websites and/or other users’ computers.
Except as expressly authorized by MINIGAME ENTERTAINMENT LIMITED, advertise or offer to sell or buy any goods or services for any purpose, unless the game and/or the websites specifically allow such messages.
Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Impersonate or create a false identity (such as a celebrity or MINIGAME ENTERTAINMENT LIMITED representative) for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users or other user or usage information or any portion thereof.
Improperly use support or complaint buttons or make false reports to MINIGAME ENTERTAINMENT LIMITED administrators.
Use, develop or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
Use a bulletin board or other communications service in any manner other than for personal communication as an individual user (i.e. not as a corporation or other entity).
Use a game and/or the web site for fraudulent transactions.
Sell, buy, or transfer access to your account.
Exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage.
Maintain more than one account.
If you consider that any content made available on any service by users does not comply with these Terms, you may report this to MINIGAME ENTERTAINMENT LIMITED by sending an e-mail to the following address.
MINIGAME ENTERTAINMENT LIMITED may terminate any MINIGAME ENTERTAINMENT LIMITED games, websites and/or services at any time by giving you notice of such termination within the time period specified when you joined the particular MINIGAME ENTERTAINMENT LIMITED service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is posted on the applicable MINIGAME ENTERTAINMENT LIMITED game, websites and/or service. MINIGAME ENTERTAINMENT LIMITED reserves the right to deny any user access to the games and the websites or suspend or terminate your access to the games and/or the websites and/or other services (e.g. account), in whole or in part, without notice, for any material violations of this Agreement. A material violation is inter alia established if
You are in default of payment of fees and fails to pay despite having received a reminder
There are actual circumstances that indicate that your conduct is significantly and negatively impacting on the game experience of the other users
You materially breaches laws, the provisions contained in these Terms, supplementary applicable conditions and/or Rules, unless you are not responsible for the violation.
We consider the severity of the violation and the number of infractions in making our determination; however, any determination shall be under our absolute discretion. Every cancellation/termination may be communicated via email. However, you acknowledge that MINIGAME ENTERTAINMENT LIMITED is not required to provide you notice before terminating any services. If MINIGAME ENTERTAINMENT LIMITED terminates, you may not participate in a MINIGAME ENTERTAINMENT LIMITED service again without MINIGAME ENTERTAINMENT LIMITED's express permission. All terms that by their nature may survive termination of this Terms shall be deemed to survive such termination.
Termination by User
You have the right to terminate your account or a particular MINIGAME ENTERTAINMENT LIMITED service at any time. If you do not agree to the terms in these Terms, your sole remedy is to not use MINIGAME ENTERTAINMENT LIMITED services and to terminate your account or any applicable services. All terms that by their nature may survive termination of this Terms shall be deemed to survive such termination.
All material published in any game and/or on the websites and/or other services including, but not limited to text, photographs, video, graphics, music, images, animations, audio, text, “applets” incorporated into the software data, sounds, messages, comments, ratings, and other materials in the games and/or on the website (together “Content”) is owned by MINIGAME ENTERTAINMENT LIMITED or its licensors and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. MINIGAME ENTERTAINMENT LIMITED owns a copyright or is a licensee in the selection, coordination, arrangement and enhancement of such content and one or more copyrights in and to the games. All trademarks, service marks, trade names are proprietary to MINIGAME ENTERTAINMENT LIMITED and/or its licensors or licensees. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the trademarks, the Content, the games, in whole or in part, without MINIGAME ENTERTAINMENT LIMITED’s prior written consent. You may download Content for your personal, noncommercial use only as provided in these Terms, or as may be otherwise permitted by MINIGAME ENTERTAINMENT LIMITED from time to time, provided that you do not alter any such Content and you keep intact all copyright and other proprietary notices and you do not use the Content in any way that would express or imply an association between you and the products and services of MINIGAME ENTERTAINMENT LIMITED or any third party. You acknowledge that you do not acquire any ownership rights in any Content downloaded from the games and/or the websites. Copying or storing of Content for other than personal use is expressly prohibited without prior written permission from MINIGAME ENTERTAINMENT LIMITED or the owner of the Content. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MINIGAME ENTERTAINMENT LIMITED with-out express written consent of MINIGAME ENTERTAINMENT LIMITED. You may not use any Meta tags or any other “hidden text” utilizing MINIGAME ENTERTAINMENT LIMITED’s name or trademarks without the express written consent of MINIGAME ENTERTAINMENT LIMITED. You may not use any MINIGAME ENTERTAINMENT LIMITED logo or other proprietary graphic or trademark as part of the link without express written permission. Any use(s) not permitted by these Term automatically terminates all permissions or licenses granted by MINIGAME ENTERTAINMENT LIMITED in these Terms. MINIGAME ENTERTAINMENT LIMITED may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless MINIGAME ENTERTAINMENT LIMITED from any unauthorized or illegal conduct by you, or through the use of your account.
Except for allowing you to use the games and/or the web site for your personal noncommercial use as set forth in the paragraph above, when you use a game and/or the website, you are not receiving a license or any other rights from MINIGAME ENTERTAINMENT LIMITED, including intellectual property or other proprietary rights of MINIGAME ENTERTAINMENT LIMITED. You understand that you have no rights to any game and/or the websites or any other MINIGAME ENTERTAINMENT LIMITED property except as we indicate in these Terms.
You may be able to access other websites or resources through links in the games and/or on the websites. Because MINIGAME ENTERTAINMENT LIMITED has no control over any third party sites and resources, you acknowledge and agree MINIGAME ENTERTAINMENT LIMITED is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials available from such sites or resources nor does MINIGAME ENTERTAINMENT LIMITED endorse any such sites or the products or services assessable on such sites. You further acknowledge and agree that MINIGAME ENTERTAINMENT LIMITED shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such third party sites or resource(s).
In its sole discretion, MINIGAME ENTERTAINMENT LIMITED may contact you to propose that you review and evaluate one or more games, aspects of games, online features or any services prior to commercial release for the purpose of identifying program errors and bugs and/or improve their functioning (“Beta Test”).
If you agree to a Beta Test, you must sign and return to MINIGAME ENTERTAINMENT LIMITED a Beta Test Confidentiality Agreement ("Confidentiality Agreement") for each specific Beta Test BEFORE any software will be provided or made accessible to you.
In connection with the Beta Test, MINIGAME ENTERTAINMENT LIMITED may provide you, on a temporary basis, a pre-release copy of a game or access to a feature on the MINIGAME ENTERTAINMENT LIMITED site. You understand and agree that the pre-release copy and all other materials provided to you are confidential or proprietary information of MINIGAME ENTERTAINMENT LIMITED. "Confidential Information" shall mean any information designated as confidential, any information relating to MINIGAME ENTERTAINMENT LIMITED's products, plans, product designs, product costs, product prices, product names, personnel, research, development, know-how and/or source codes, including without limitation its underlying logic and concepts. You shall use Confidential Information solely to the limited extent necessary for the Beta Test. You shall prevent and not allow any Confidential Information to be disclosed, used, sold, assigned, leased, sub-licensed, commercially exploited or marketed in any way or manner. At the earlier of (a) the end of the Beta Test (b) the date that MINIGAME ENTERTAINMENT LIMITED request you to return or destroy the Confidential Information you shall immediately discontinue the use of the Confidential Information and return the Confidential Information and all copies thereof in all material forms to MINIGAME ENTERTAINMENT LIMITED. Notwithstanding the completion of the Beta Test Confidential Information shall remain confidential in perpetuity. You agree as a condition of participating in a Beta Test to (i) not copy or reproduce the pre-release copy and confidential or proprietary information, (ii) safeguard the pre-release copy and confidential and proprietary information and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the pre-release copy and confidential and proprietary information, and (iii) fully comply with the terms and conditions of the Confidentiality Agreement.
You must perform the Beta Test personally and must not provide access to pre-release materials to any other person. You will be asked to inform MINIGAME ENTERTAINMENT LIMITED of your reactions and suggestions following your experience of the games, game elements, content and/or services in the Beta Test. All comments, feedback, suggestions, ideas, criticisms and other data passed on, disclosed or offered to MINIGAME ENTERTAINMENT LIMITED in the course of the Beta Tests, or more generally in the course of use of the services, will be the exclusive property of MINIGAME ENTERTAINMENT LIMITED. You therefore agree not to make your feedback accessible by any means or process to any outside party other than MINIGAME ENTERTAINMENT LIMITED. You acknowledge that, unless prohibited from doing so under the applicable legislation, MINIGAME ENTERTAINMENT LIMITED may use, sell, promote and exploit the feedback in any way, without restriction and without compensation to you.
You agree that breach of the above obligations will cause irreparable harm to MINIGAME ENTERTAINMENT LIMITED, and MINIGAME ENTERTAINMENT LIMITED is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the games provided for the Beta Test confidential will continue until MINIGAME ENTERTAINMENT LIMITED publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.
Upon request, you agree to immediately return to MINIGAME ENTERTAINMENT LIMITED all copies of the pre-release copy and confidential or proprietary information MINIGAME ENTERTAINMENT LIMITED provided to you. You are invited to play pre-released games for the sole purpose of evaluating the games and identifying errors. Nothing in these guidelines, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta games or content that you find here. The beta games are provided for testing on an "as is" and "as available" basis and we make no warranty to you of any kind, express or implied. When playing some beta games, you may accumulate treasure, experience points, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular game completes a testing phase. In this case, all player history and data will be erased and each player will return to novice status. You explicitly agree that: (i) playing beta games is at your own risk and you know that the games may include known or unknown bugs, (ii) any value or status indicators that you achieve through game play may be erased at any time, (iii) MINIGAME ENTERTAINMENT LIMITED has no obligation to make these games available for play without charge for any period of time, nor to make them available at all, (iv) these games may be available only by subscription once the Beta Test process is complete or at any time in the future; (v) MINIGAME ENTERTAINMENT LIMITED 's Terms of Service apply to your use of the games during the testing phase, and (vi) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person. Beta Test accounts are non-transferable under any circumstances.
Health of game users
MINIGAME ENTERTAINMENT LIMITED advises you to take the following precautions in all cases when using a video game. Avoid playing if you are tired and/or short of sleep. Make sure that you play in a well lit room and moderate the brightness of your screen. When you play a video game requiring connection to a screen, play at a good distance from the screen and as far away as the connection lead allows. While using the game, take breaks of ten (10) to fifteen (15) minutes every hour.
Some individuals are liable to have epileptic fits including, in certain cases, loss of consciousness, particularly when exposed to strong luminous stimulations (rapid succession of images or repetition of simple geometrical figures, flashes or exposures). Such individuals are exposed to risks of fits when they play certain video games containing such luminous stimulations; consult your doctor before any use. Parents must also pay particularly close attention to their children when they play video games. If you or your child present one of the following symptoms: dizziness, vision problems, contraction of the eyes or muscles, disorientation, involuntary movement or convulsions or momentary loss of consciousness, you must immediately stop playing and consult a doctor.
Right of withdrawal
For users subject to the jurisdiction of the European Union the following shall apply:
You have the right to withdraw from this Agreement within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of concluding this Agreement.
To exercise your right of withdrawal, you need to inform us (E-Mail firstname.lastname@example.org,) of your decision to withdraw from this Agreement with a clear declaration (e.g. a letter sent by post, fax or e- mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient that you send the notification concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw this Agreement, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw this Agreement. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Sample withdrawal Form
(complete and return this form only if you wish to withdraw from the contract)
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following
goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
Special Information for the withdrawal
Please note that your right to withdraw expires prior to the expiry of 14 days, if we have provided services to you immediately upon the start of this Agreement and have informed you about such prior expiry before providing services and have received your consent thereto.
Technical Protective Measures
Certain MINIGAME ENTERTAINMENT LIMITED games and services may be protected by technical protection measures and digital rights management, particularly, without limitation, physical protection, tattooing (watermarking), digital keys and online activation. A broadband internet connection and the creation of a MINIGAME ENTERTAINMENT LIMITED account might be necessary to access the online functions and to play online, and, in certain cases, to unlock exclusive contents. Such exclusive contents may be unlocked once only with a unique key. For all games and services incorporating orbit digital rights management technology, a permanent broadband internet connection and the creation of a MINIGAME ENTERTAINMENT LIMITED account might be necessary to play said games or access said services at any time. MINIGAME ENTERTAINMENT LIMITED may cancel access to one or more online functions subject to notification with prior notice of 30 (thirty) days on the MINIGAME ENTERTAINMENT LIMITED websites of the game or services concerned.
Disclaimer of Warranties
YOU UNDERSTAND THAT YOUR USE OF ANY GAME, THE WEBSITES, AND/OR COMMUNICATION SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE GAMES AND/OR THE WEBSITES ARE PROVIDED ON AN “AS IS” “WHEREIS” AND “WHERE AND WHEN AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT MINIGAME ENTERTAINMENT LIMITED MAKES NO WARRANTY THAT THE GAMES AND/OR THE WEBSITES AND/OR COMMUNICATION SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERRORFREE. YOU UNDERSTAND THAT MINIGAME ENTERTAINMENT LIMITED DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF ANY GAME AND/OR THE WEBSITES AND/OR COMMUNICATION SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER(S) SET FORTH IN THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT AND/OR MATERIALS CONTAINED IN THE GAMES AND/OR THE WEBSITES AND/OR COMMUNICATION SERVICES OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE GAMES AND/OR THE WEBSITES.
TO THE FULLEST EXTENT PERMITTED BY LAW, MINIGAME ENTERTAINMENT LIMITED DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, CONTINUOUS AND/OR ERRORFREE OPERATION, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE GAMES AND/OR THE WEBSITES.
Liability Limitation for users based outside the European Union
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MINIGAME ENTERTAINMENT LIMITED OR ITS AFFILIATES AND SUBSIDIARIES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND/OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NONPERFORMANCE OF THE GAMES AND/OR THE WEBSITES, EVEN IF MINIGAME ENTERTAINMENT LIMITED HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH CLAIMS OF DAMAGES MAY HAVE BEEN SUSTAINED ANYWHERE IN THE WORLD IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. MOREOVER, UNDER NO CIRCUMSTANCES WILL MINIGAME ENTERTAINMENT LIMITED, ITS LICENSORS OR LICENSEES, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND ITS OR THEIR REASONABLE CONTROL. MINIGAME ENTERTAINMENT LIMITED MAY CHANGE OR DELETE CONTENT OR FEATURES IN THE GAMES AND/OR THE WEBSITES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Liability Limitation for users based in the European Union
MINIGAME ENTERTAINMENT LIMITED is liable according to the statutory provisions for damage/loss sustained by a user and caused deliberately or through the gross negligence of MINIGAME ENTERTAINMENT LIMITED or its vicarious agents. It is likewise liable for personal injury and damage within the definition of the Product Liability Law. Otherwise MINIGAME ENTERTAINMENT LIMITED's liability in relation to compensation claims – irrespective of the legal basis – is limited in accordance with the following provisions, unless otherwise provided for under a guarantee made by MINIGAME ENTERTAINMENT LIMITED:
In relation to damage/loss caused by ordinary negligence, MINIGAME ENTERTAINMENT LIMITED shall only be liable insofar as the matter relates to a breach of material contractual duties. Material contractual duties are those contractual obligations the fulfilment of which is strictly necessary in order that the agreement can be duly executed, whereby the user should normally be able to rely on these duties being fulfilled. In the event that MINIGAME ENTERTAINMENT LIMITED is hereby liable for ordinary negligence, the liability MINIGAME ENTERTAINMENT LIMITED will be limited to that damage/loss which is foreseeable and typical for this type of agreement. The liability of MINIGAME ENTERTAINMENT LIMITED in relation to data and/or programs lost due to MINIGAME ENTERTAINMENT LIMITED's ordinary negligence shall be limited to the typical recovery costs that would have been sustained by the user had he implemented regular data backup measures which are reasonable in view of all the circumstances.
The provisions set out in the foregoing sub-paragraphs also correspondingly apply to the duty to compensate futile expenditure. The aforementioned disclaimers likewise apply in favor of MINIGAME ENTERTAINMENT LIMITED's vicarious agents.
MINIGAME ENTERTAINMENT LIMITED is not liable for any costs sustained by the user availing of services not explicitly offered by MINIGAME ENTERTAINMENT LIMITED itself. This applies particularly to costs incurred due to the data transfer to and from the user's terminal device as well as for any costs sustained by the user in using payment systems.
Any form of strict liability is excluded in respect of malfunctions in the MINIGAME ENTERTAINMENT LIMITED services existing at the start of the service provision; i.e. MINIGAME ENTERTAINMENT LIMITED is only liable insofar as MINIGAME ENTERTAINMENT LIMITED or its vicarious agents is responsible for this.
You understand that you are personally responsible for your behavior while playing any game and/or while you are on the websites and agree to indemnify and hold MINIGAME ENTERTAINMENT LIMITED and its and their affiliates, business partners, distributors, agents, representatives and other authorized users, and their respective officers, directors, employees, and agents (collectively, the “Indemnified Parties”), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that the Indemnified Parties may incur in connection with any claim(s) or threatened claim(s) arising out of or related to your use of any game and/or the websites or your violation of these Terms, applicable law, or the rights of any third party.
Access to Services
MINIGAME ENTERTAINMENT LIMITED reserves the right to perform system upgrades, regular or planned or unplanned maintenance to the games and/or the websites due, for example, and not in limitation, to technology improvements or bugs, and you may or may not be notified of these changes before they occur. MINIGAME ENTERTAINMENT LIMITED also reserves the right to change, modify, discontinue, suspend or abandon the games and/or the websites at any time for any reason or for no reason with or without notice to you, and it will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
If you live in the United States of America, Canada or Japan, you agree that these Terms shall be construed under laws of Illinois, USA, and you consent to the exclusive jurisdiction of the Courts located in Champaign, Illinois USA.
If you live outside the USA, Canada or Japan (e.g. in the EEA, Switzerland), you agree that these Terms shall be construed under laws of Germany, and you consent to the exclusive jurisdiction of the German Courts.
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. MINIGAME ENTERTAINMENT LIMITED’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.
These Terms and the policies incorporated herein, are the entire agreement between you and MINIGAME ENTERTAINMENT LIMITED. They supersede any and all prior or contemporaneous agreements between you and MINIGAME ENTERTAINMENT LIMITED relating to your use of any game and/or the websites. Your own terms and conditions expressly do not form a part of this Agreement. MINIGAME ENTERTAINMENT LIMITED may assign these Terms, in whole or in part, at any time. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this Agreement. The failure of MINIGAME ENTERTAINMENT LIMITED to partially or fully exercise any rights or the waiver of MINIGAME ENTERTAINMENT LIMITED of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by MINIGAME ENTERTAINMENT LIMITED or be deemed a waiver by MINIGAME ENTERTAINMENT LIMITED of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of MINIGAME ENTERTAINMENT LIMITED under these Terms and any other applicable agreement between you and MINIGAME ENTERTAINMENT LIMITED shall be cumulative, and the exercise of any such right or remedy shall not limit MINIGAME ENTERTAINMENT LIMITED’s right to exercise any other right or remedy.