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TERMS OF SERVICE


These Terms of Service (“ToS“) are a legally binding agreement which discloses, regulates and governs the relationship between Individual Entrepreneur Nataliia Surkova, duly incorporated under the Laws of Ukraine, having registered address at reg. Dnipropetrovska, c. Dnipro, st. Kniazia Yaroslava Mudroho, build. 18, fl. 27 (“Mgg-Studio”, “We”, “Us” or “Our”) and You (“User”, “You” or “Your”) within the use of Mgg-Studio website and/or products for mobile or any other applicable or accessible platforms or devices (the “Services”). Before accessing or using Services, including browsing a website or accessing a game, You must agree to these ToS and Privacy Policy.

Please review the ToS carefully. For any inquiries or questions, please contact Us via support@mgg-studio.com.


Understanding & Acceptance

Some parts of the Services may include or make available content, instruments, or other materials from individuals or legal entities other than Mgg-Studio (“Third-Parties”). This could include links to other websites; features that let Users link User Accounts to other system accounts (like Google) or other social networking sites (like Facebook); and providers of data analytics or advertising services. Mgg-studio neither controls nor takes responsibility for actions or inactions of third parties and the way they use Your information. You understand that using the Services could subject You to Third-Parties terms (terms and conditions) and/or policies (privacy policy), and thus, You agree to follow respective Third-Parties terms and policies (if any). You agree that use of the Services is Your own risk and that Mgg-Studio will not have any liability to You for content (including Third-party content) that may be found to be offensive, inaccurate, illegal, unavailable, of poor quality, or otherwise.

The Services provided by Mgg-Studio are strictly for amusement purposes. Thus, the Services neither offer to earn real money nor win anything of real-world value by playing the games provided within the Services. The game is Free to Play, and no actual money is needed for play (freemium model).

By installing, using, or otherwise accessing the Services, You agree to these ToS and Privacy Policy. If You do not agree to this ToS, please do not install, use, or otherwise access the provided and/or available Services. Use of Services is illegal, impossible and/or void where prohibited and/or restricted.


ToS Updates

This Policy was last updated on May 29th, 2024 (“Effective Date”).

Mgg-Studio reserves the right, at its discretion, to change, modify, add or remove portions of these ToS (including, but not limited to other terms that might appear with time or apply herein) by posting amended ToS with respective notice on mgg-studio.com or its more compact equivalent in the game or via other appropriate options available.

You are responsible for viewing these ToS periodically. By continuing to use the Services, you will be deemed to have accepted such changes. If at any moment you disagree with any part of the current version of Mgg-Studio ToS, Privacy Policy, or any other policy, rules, or codes of conduct related to the use of the Services, your right and license to use the Services are immediately terminated, and thus, you are obliged to stop using the Services.


1. SERVICES USE

1.1. Limited License Use for the Services

Subject to the agreement and compliance with these ToS and other relevant policies, Mgg-Studio grants You a non-exclusive, non-transferable, non-sublicensable, revocable limited license (subject to the limitations stated below) for access and use of the Services (including games) for Your own non-commercial entertainment purposes. The following limitations apply to the use of the Services:

  • If You are under the age of 18 (or younger, or older if the local laws in Your applicable jurisdiction so accept or require) You shall not access or use the Services; 
  • You shall restrict or deny access to the Services to children or persons under the age of 18 (or younger, or older if the local laws in Your applicable jurisdiction so accept or require), and you take full responsibility for any unauthorized use of the Service by children or persons under the age of 18 (or younger, or older if the local laws in Your applicable jurisdiction so accept or require). 
  • You are responsible for any use of Your credit card or any other available or accessible payment instrument by children or persons under the age of 18 (or younger, or older if the local laws in Your applicable jurisdiction so accept or require it).
  • You shall ensure that no personal data of children or persons under the age of 18 (or younger, or older if the local laws in Your applicable jurisdiction so accept or require) are transferred through Service or revealed in any other possible way. Therefore, You are solely liable for any consequences of such personal data transfer and personal data revelations due to the use of the Service by children or persons under the age of 18 (or younger, or older if the local laws in Your applicable jurisdiction so accept or require).
  • You shall use the Services only for non-commercial purposes;


1.2. License and Legal Limitations

Any use of the Service (including games) in violation of disclosed License and Legal Limitations is strictly prohibited. In case of violations, Your limited license can be suspended or revoked and be subject to liability for violations of law.

You confirm that You understand written below and agree that under no circumstances you will:

  • Enter in any act that may harm Mgg-Studio, the purpose or intent of the provided Service or make improper use of Mgg-Studio support services.
  • Use exploits, cheats, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Service (including games or game experience) without duly written and given Mgg-Studio consent for respective modifications of any files that are a part of the Service (including games).
  • Initiate, assist, or be in any way involved in any type of attack (including but not limited to the use of robot, spider, or other automated hacking programs or virus distributions by any available means), technical disruptions, or attempts to disrupt the Service provided by Mgg-Studio to any other person’s use or enjoyment of the Service.
  • Attempt to or gain unauthorized access (including but not limited to circumvention or modification, an attempt for such actions, encouragement and/or direct or indirect assistance) to the Services, computers, servers or networks connected to the Services by any means other than given by Mgg-Studio to modify, change, or break any security, technology, device(s) or software that is part of the Services.
  • Attempt to or reverse engineer, decompile, disassemble, decipher or derive the source code for any underlying software or other intellectual property used to provide the Service (including games), or an attempt to obtain any information from Mgg-Studio in a way not permitted or agreed with Mgg-Studio.
  • In any available and possible way inform other Users about Mgg-Studio game(s) vulnerability.
  • In any available and possible way, call for the non-use of Mgg-Studio game(s) and spread knowingly false information about Mgg-Studio Services (including games), harming and/or damaging Mgg-Studio’s reputation.
  • Attempt to delete, change, or conceal any copyright, trademark, patent, or other proprietary notices, symbols, or labels (including any digital rights management technology or other information) contained on or within Mgg-Studio Services (including games).
  • Attempt to or illegally obtain access to personal data, attempt to or impersonate any person or entity, or otherwise misrepresent Your affiliation, identity, or the origin of materials You transmit, or misrepresent that Your statements or actions are endorsed by any governmental authority or by Mgg-Studio.
  • You can make refunds through Google and any other applicable Store (like Apple, Windows, Amazon, etc. where the Services are available and accessible) services without returning purchased items. Any purchased in-game item can be returned if you immediately contact us (but not later than within 14 days from the purchase date). Afterwards, the purchased items will be deleted from your account. 

If you do not contact us or if items have already been used, we have the right to deny a refund and/or immediately terminate your account (if necessary). By requesting a refund through Google and any other applicable Store (like Apple, Windows, Amazon, etc. where the Services are available and accessible), you waive any future claims regarding the removal of your account. 

Mgg-Studio reserves the right to unilaterally determine which provision of the Services under this ToS was violated. Therefore, Mgg-Studio reserves the right to take any necessary action to protect, defend and safeguard its Services (including games) based on this ToS and applicable laws.


1.3. Third-Party Licenses and Open-Source Software Licenses. 

Our Service may include or consist of software components owned by or provided by third-party licenses (TPL), including Open-Source Software Licenses (OSSL). If any TPL or OSSL component is indicated on Our website, it is subject to the respective terms of TPL and/or OSSL which are applicable to such TPL and/or OSSL component, independently from these ToS. All other TPL components (not stated in the above-mentioned list) are subject to the terms of these ToS. Therefore, the use of other TPL components outside of these ToS is strictly prohibited and illegal.

Nothing in these ToS is intended or designed to limit, supersede, or impose restrictions on any rights under the applicable terms of the respective OSSL or other TPL and/or the applicable terms of OSSL to the respective TPL used by Mgg-Studio. If you have any queries about the used or applicable OSSL, you may submit an information request (in clear and understandable form) to us via support@mgg-studio.com.


1.4. Account Creation and Use

During the first login, your account is created based on a fully anonymized and unique ID generated by Unity (which can be changed based on technical and/or data privacy improvements to the Services and/or separate game). The Service supports only one account per game on a supported device.

You must provide your own equipment (such as a mobile device, tablet, computer, etc.) necessary to connect to and use our services. You are solely responsible for paying any fees (including but not limited to internet connection or mobile operator fees) for data or cellular usage to download and use the Service.

In case of transferring any device on which You use Our Services, You shall uninstall and delete the respective product and/or services provided by Mgg-Studios under the Services as well as delete all and any personal information stored on it. You will immediately notify Us if You have lost Your device or suspect, or discover that any unauthorized access to the account is possible or happening before, during or after the respective written notification provided by You.

We do not allow the transfer of in-game progress or accounts themselves between players until this in-game progress or accounts are connected (with duly confirmed documentary evidence) to one and the same player. You are restricted from purchase, sell, gift or any form of trade for any goods or services in exchange for Your account. Any such attempt or action shall be null and void, in addition, we may terminate Your use of the Services (including games).

From time to time You may need to update third-party software to receive the Services and/or game(s) updates. In case of untimely, delayed or no update of third-party software with continuation to use Our Services (including games) You may collide into technical issues, bugs or other problems preventing You from using Our Services fully or in some part. If You continue to use Our Services without necessary third-party software updates, it is Your personal responsibility in case if any technical issues, bugs or other problems may arise.

Notwithstanding anything stated or disclosed in these ToS, you acknowledge, confirm, and agree that you shall have no ownership or other property interest in your account. You also acknowledge, confirm, and agree that all rights as of the account are and will forever (from the moment of creation until its full deletion) be owned and for the benefit of Mgg-Studio.


1.5. Termination and Removal of Account

Removal

You may stop using our services at any time. Unless the applicable law (where you are permanently located) requires otherwise, we are not required to provide refunds, benefits, or any other compensation if you request to delete your account.


Termination

Without limiting any Our other remedies, Mgg-Studio may temporarily suspend, limit or modify, and/or permanently terminate or delete account(s) or access to Mgg-Studio Services or its portion, if Mgg-Studio suspects that You are unable or failing to comply with any of these ToS, and/or for any improper and/or actual or suspected illegal use of the Service, with or without written notice to You.

Without limitation to the above-stated and any of Our other remedies, Mgg-Studio may limit, suspend, prohibit or delete the account(s) or access to Our games, website and connected content and/or Services, and take any necessary legal and technical actions to prevent Users from accessing Our Services if such User actions create risk or potential legal liabilities, due to infringement of the intellectual property rights of third parties or contrary to these ToS or applicable laws (if any).

It is important to understand that you can lose all your in-game progress or account benefits (earned or purchased items) in case of limitation in access to the account or its full deletion, and Mgg-Studio has no legal obligation to compensate you for any such losses. 

Mgg-Studio reserves the right to stop supporting or offering some part (particular game) or all Services at any time. Due to this Your License to use some part (particular game) or all Services will be automatically terminated. Thus, in case of such an event of discontinued Services, Mgg-Studio shall not be required or demanded to provide any refunds or compensations to Users.

Mgg-Studio reserves the right to delete any account that has been inactive for 360 days.


1.6. Services Updates

Mgg-Studio may provide You with an update or fix to its Services as soon as it becomes available. Herein, you acknowledge, confirm, and agree that any such update or fix may be provided to You remotely on an automated basis (including, without limitation, accessing the device on which You use the Services) by Mgg-Studio. Any update or fix available is part of the Services provided by Mgg-Studio in accordance with these ToS.


2. USER CONTENT

2.1. Content Creation

As a User of Mgg-Studio Services, You may publish content connected with Our Services by using different technology or tools (like app stores, social networks, etc.). Whenever You publish such content, You represent that You own such content, have all rights to publish stated content and that the publishing of the content complies with copyright and trademark laws connected with Mgg-Studio Services and You as a publisher of the content. You have no right to distribute, sell, exchange for goods or services, transfer or license respective content and/or Services in any country or social network via any available means without explicit prior written consent or an agreement with Mgg-Studio.

Any messages, comments, posts, chats, images, sounds and any other materials or data (like texts, graphics, photographs, videos, etc.) or any other information and/or content in its selection and arrangement, uploaded or transmitted in connection with Mgg-Studio Services within the app stores or social networks by any User (including but not limited to User name, profile image, voice, etc.) (“User Content“) are subject to commercial, non-commercial and/or promotional use (wholly or in some part) by Mgg-Studio. Mgg-Studio may use User Content in promoting Services (including games) on social networks or via any other available and/or possible advertising instruments. 

As a User of Mgg-Studio Services, hereby You grant Us worldwide, non-exclusive license for Your User Content (which additionally includes but is not limited to the sublicense rights, copy, print, reproduce, adapt, update, improve, translate, reformat, archive, store, exploit, publish, distribute, disclose, lease, transmit, publicly display or provide access to the User Content electronically or via telecommunication, as well as create modified and derivative works thereof) connected with provision of Our Services.

By transmitting or submitting any User Content while using Our Service, You confirm, represent, assure and warrant that such transmission or submission is:

  • Accurate and not confidential.
  • It is not in violation of any applicable laws, contractual restrictions, or third-party rights, for which you have permission from any respective third-party whose personal information or intellectual property is comprised in the User Content.
  • It is not in violation of any copyright, trademark, patent, design, database, or other intellectual property rights of any third party. You confirm and warrant that you own or at least have all necessary licenses, rights, and/or permissions to post or transmit the User Content on the Services. 
  • Not in violation of these ToS and any third-party terms and policies applicable herein.
  • Free of viruses, adware, spyware, worms or other malicious code. 

Furthermore, the User Content shall not include any of the following:

  • Comments, materials, data or any information that is false, misleading, abusive, threatening, obscene, or defamatory.
  • Comments, materials, data or any information that promotes the illegal use of alcohol, drugs, tobacco, firearms/weapons or other illegal or restricted services or goods.
  • Comments, materials, data, or any information that advocates, promotes, intimidates, or agitates for bullying, trolling, stalking, or attacking individuals or groups or encourages others to do so directly or indirectly on the basis of their age, ethnicity, nationality, sexual orientation, gender identity or gender expression, religions or beliefs, or physical or mental disability.
  • Comments, materials, data or any information that prevents or deceives other users from finding information related to the Services.


2.2. Content Screening

Mgg-Studio reserves the right to edit, disable or permanently delete User Content from the Service and/or where it is possible to conduct such actions. If You have any information about any User Content posted in connection with the Services, which may or directly violates these ToS, please immediately contact Us via  support@mgg-studio.com and provide as many details as it is possible (like a copy of underlying materials, infringing data or any location (link) information with reasoning such User Content should be removed). 

Mgg-Studio will remove User Content only when such measure is necessary and appropriate to the specific case, based on our sole discretion or for respective legal reason(s). Although we may attempt to monitor User Content, in no event do we have any particular obligation to do so or liability for failing to either monitor or remove specific User Content.


2.3. Internal and External User Interactions

Mgg-Studio does not allow Users to interact internally (meaning inside game(s)); however, this does not prevent Users from communicating externally within the app stores, social networks, or Channels. Therefore, Users are solely responsible for any interaction with other Users of the Service and any other parties (if any). 

Mgg-Studio reserves the right but has no strict obligations to become involved in any way in such disputes. If any dispute arises with one or more Users, you fully release Us (including but not limited to any of Our employees, officers, directors, agents, subsidiaries, and joint venture) from any legal claims or damages of any kind and nature, known and unknown, arising out of or in any way connected with such disputes.


3. COMMUNICATION & COMMUNITY

Mgg-Studio, within its Services, may provide communication channels like forums, blogs, games wikis, fan pages, and/or create other similar communities or chats (“Channels”) designed to enable You to contact and chat with other Services Users and share or post User Content (including but not limited to comments, ideas, suggestions, feedback, ideas, questions, and/or observations) on specific or general topics.

We cannot guarantee the protection or safety of Your ideas from being used by other Users. Thus, if You have an idea or information which You would like to keep confidential, keep it to yourself or in case if You are willing to share or see Your idea implemented in the Services (including games) You can contact Us via support@mgg-studio.com. Please, keep in mind that We have no obligation or responsibility before Users to evaluate or use any ideas disclosed in Channels or provided directly to Us. All information provided in Channels or directly to Us shall be treated as non-confidential and non-proprietary. 

Mgg-Studio has no obligations to monitor Channels and anything described therein, but We may do so and reserve the right to review any comments, materials, data or information posted in Channels. Therefore, You acknowledge, understand and agree that comments, materials, data or any information posted by Users within Channels are not endorsed, controlled or approved by Mgg-Studio. Also, You acknowledge, understand and agree that Mgg-Studio may use any information disclosed within Channels communications for the provision of the Services. 


4. IN-GAME GOODS AND PURCHASE TERMS.

There is no obligation or requirement to make any purchase in order to use our services. Mgg-Studio gives Users equal opportunity to either earn or purchase virtual, in-game resources, including but not limited to rubies, coins, story keys, hints tools (like loupe, camera, chemical reagent, etc.), energy, extra time, experience, furniture or surroundings skins, stars and/or bonuses (“Virtual Items”) for in-game use within the provided Services. 

Some number of Virtual Items will be available to You to collect when You access the Service for the first time, during the in-game progress and within or through certain features inside the Services. Whenever You deplete Your supply of Virtual Items, You may either purchase additional Virtual Items or wait until additional free Virtual Items are available to You. Any Virtual Items available are licensed to You by Us in order to use them within Our Services, which is subject to the limitations stated in these ToS.  

Within Our Services, You may purchase with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use Virtual Items in the respective game provided by Us. The only legal and allowed ways to purchase Virtual Items are through Us or Our authorized partners and not in any other way. In case of account removal by You or in an ordinary termination of the Services (i.e., agreement), Virtual Items cannot be returned or cashed out in “real world” money, goods or services of monetary value from Mgg-Studio or Our authorized partners. 

You acknowledge, understand and agree that You have no ownership rights or title in the Virtual Items appearing from or available in any Mgg-Studio game, whether obtained as a free reward or purchased from Mgg-Studio. Therefore, You acknowledge, understand and agree that You may not purchase, sell, acquire, transfer or exchange Virtual Items within Our Service in order to sell or trade those Virtual Items in the “real world” for the “real world” money, goods or services of monetary value.

Whenever Virtual Items are purchased in Our game via available and/or accessible stores or platforms (like Google, Apple, Windows, Amazon, etc.), such a purchase will be subject to respective store or platform payment terms and conditions. Mgg-Studio does not control, regulate or establish rules or format of payment, and thus, shall not be liable for the processing of the payment of the respective third party. We recommend reading the respective third-party store or platform terms and conditions before conducting any payment.

Any Your order (i.e., purchase) for Virtual Items is an offer to obtain a limited license for the specific Services (i.e, virtual in-game items) from Us, which is accepted and provided (i.e., limited license) by Us, as soon as the ordered Virtual Items become available in Your account for the use in Our game(s). Whenever purchasing Virtual Items or other content (as may be made available in future), You agree to pay the applicable charges for the purchase (including applicable taxes) using a valid card or other payment method as available and accessible to You, in accordance with the billing terms and prices in effect (at the moment of the purchase). Purchased Virtual Items will reside in Your account until discharged through the use of Our Services, You decide to remove the account or We decide to terminate or delete the account as described in these ToS. 

You acknowledge, understand and agree to pay all fees and applicable taxes incurred by You or anyone using Your account (i.e., family members). If You are charged for any Virtual Items, You did not purchase, did not receive after purchase or the chargeable amount was incorrectly charged, You may request a refund or correction (if applicable) in accordance to Your payment provider policy. You are solely responsible for all and any charge-backs, claims, fees, fines, penalties and any other liability incurred by Us (including any related expenses) that were caused by or arising out of payments that You authorized or accepted.

All available and purchasable Virtual Items may only be held by residents of countries where Our Services are available, accessible and permitted. Virtual Items may only be purchased in accordance with this ToS through means we provide, via available and/or accessible stores or platforms or otherwise. We do not recognize any purchase, transfer or transaction conducted by You outside of Our Services via any other means not supported by Us or described in these ToS. Thus, Mgg-Studio will not be liable for any claims or damages caused to the Users as of any Virtual Items purchased or obtained via any other means not supported by Us or described in these ToS. 

Mgg-Studio reserves the right to refuse your request to purchase Virtual Items for any reason and to revise the future pricing for the available and purchasable Virtual Items at any time. 


5. PROMOTIONS, OFFERS AND ADVERTISING

5.1. Promos and Offers

From time to time, Mgg-Studio can offer limited-time promotions and special offers (like pass questioners for rewards, discounts or special events, etc.) (“Promos”) to Users via in-game notification, mgg-studio.com event notices page or third-party advertisers. In addition, Mgg-Studio may promote different features, programs or special offers with both digital or “real world” gifts from Mgg-Studio or Our authorized partners that may be offered and accepted to all or certain qualified Users (“Offerings”). We may or may not propose and Users may or may not accept any Offerings which, in case of proposal by Mgg-Studio and acceptance by Users, require to sign additional paperwork (including but not limited to non-discloser agreement, eligibility and liability release, taxes and other travel charges acceptance (if applicable), or etc.) in order to obtain the Offering. Whenever You accept any Offering by Us acknowledge, understand and agree with all and any liability associated with the respective Offering. 


5.2. Third-Party Advertising

You hereby, acknowledge, understand and agree that Mgg-Studio Services (including games) may feature advertisements from third parties. Mgg-Studio may provide in-game or within Our Website links to third-party websites where You may be invited to participate in a promotional offer in return for some Mgg-Studio in-game rewards like any specifically applicable or available Virtual Item. Any following charges or obligations incurred during dealings with the respective third party are Your personal responsibility. 

We do not represent any third party or warrant regarding any content, goods and/or services provided by the respective third party even if We provide links within Our Service (including games) and therefore We bear no liability for any claim relating to any respective third-party content, product or services as well as Your deal with such third-party. Mgg-Studio recommends You review third-party website terms and privacy policies before using any goods or services therein, in order to understand if respectively linked third party may request or automatically collect Your personal data. Your linking to any other website pages or other websites from a linked third-party website or its page is at Your own risk.

You acknowledge and understand that unless specifically stated by Us, We are not directly or indirectly implied, associated, or affiliated with the linked third party. 


6. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

Mgg-Studio Services (including any updates thereto) are protected under the copyright and other intellectual property laws of applicable countries. We retain any patents, trademarks, designs, brands, service marks and any other Intellectual Property Rights (“IP Rights”) whether registered or not, in relation to or within provided Services which are owned or licensed by Mgg-Studio. 

Mgg-Studio IP Rights protect and consist of such materials and elements from provided Services (not limited to the stated list): computer code, software, applications, games, titles, themes, objects, characters, character names, concepts, artworks, designs, graphics, pictures, stories, dialogues, fonts, texts, information, animations, video, sound, music, musical compositions, audio-visual effects, documentation and any correspondence with Mgg-Studio (“Protected Materials”).

Users are allowed to use IP Rights and connected Protected Materials for personal, non-commercial, and entertainment purposes and only in connection with Our Services. IP Rights and connected Protected Materials may not be used by You for any purpose and any manner, not described or permitted by this ToS and/or without Mgg-Studio’s express written permission or consent of any third party is deemed to be necessary.    

You acknowledge, understand and agree that You do not acquire or obtain any IP Rights and/or ownership rights by using Mgg-Studio Services or by accessing any of the Protected Materials or any derivative works thereof. In case of material breach and/or repeated infringements of these ToS or any other terms applicable to You, we may take respective legal actions (including but not limited to a legal claim for remedies, suspension or termination of part or all Services (including account) use). 


Intellectual Property Notifications

We respect and call others to respect the intellectual property rights of others. If You have a strong belief or documentary evidence that Your copyright or other intellectual property rights were infringed and are accessible and available within Our Services, You can immediately and without any delay notify Us with additional information explained and provided, as follows:

  • Your contact data (i.e., name, address, time zone and phone or email information) for any further contact.
  • Identified list of breached copyright or intellectual property rights materials.
  • Any information (like links to websites, files, information and/or documents, etc.) reasonably sufficient to locate and review materials.
  • A confirmation statement that the information in the notification is accurate, true and that the complaining party’s rights were allegedly infringed.


7. WARRANTIES

You acknowledge, understand, and agree that by downloading, accessing, and using the Services (including games) in whole or in part, you are providing them on an “AS IS” and/or “AS AVAILABLE” basis for your own use, without any warranties of any kind (express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising in connection). 

Mgg-Studio does not warrant that You will be able to download, access or use Our Services:

  • At any time or at any location of Your choosing.
  • That the Service will be uninterrupted or error-free. 
  • That defects will be timely or fully corrected. 
  • That the Services (including games) are free of any viruses or other potentially harmful components.

Nevertheless, in case of any malfunction, error or disruption of the Services (including disruption of a game session), Mgg-Studio may (in its sole discretion) assist any affected User via adjustment of lost or unearned Virtual Items due to specific malfunction, error or disruption that is out of Mgg-Studio control. Considering that Mgg-Studio Services are provided on free to play basis (without any charges to start playing), Mgg-Studio shall only be liable for crucial defects of the game(s) and only if Mgg-Studio has fraudulently hidden the respective crucial defect.


8. LIABILITY 

Mgg-Studio shall not be liable to You for any indirect, incidental, consequential, special, punitive, or other similar direct or indirect damages (including but not limited to loss of revenues, lost profits, lost data or other intangible losses) arising out of or relating in any way to these ToS or Mgg-Studio Services, whether based on contract, tort or any other legal grounds. In addition, You agree to indemnify, defend and hold Mgg-Studio harmless from any claim, demand, damages or other losses, including attorneys’ fees, asserted by any third party resulting from or arising out of Your use of Our Service (including games) and/or any breach by You of these ToS.

Considering that Mgg-Studio Services are provided on free to play basis (without any charges to start playing), Mgg-Studio shall only be liable for gross negligence in accordance with the statutory rights; Mgg-Studio shall only be liable for crucial defects of game(s) and only if Mgg-Studio has fraudulently hidden the respective crucial defect. Therefore, Mgg-Studio shall not be liable to You for more than the paid amount (if any) to Mgg-Studio in accordance with these ToS within the last six (6) months preceding the date of Your first Claim. Nevertheless, You acknowledge, understand and agree that in case of no payment to Mgg-Studio was made within the respective six (6) months period, Your overall remedy for any dispute with Us will be nothing except to stop of use of Our Services and cancellation of Your account.

Due to the fact that Mgg-Studio Services (including games) will be provided in numerous jurisdictions, some of those jurisdictions do not allow exclusions of certain warranties and/or liability limitations for certain types of damages. Respectively, some of the stated limitations may not apply to Your specific case. Thus, to the extent legally possible and applicable by respective law, the scope and maximum limit of warranties and/or liability applicable, shall be the minimum permitted liability imposed by respectively applicable law. However, nothing in these ToS shall affect the statutory rights of any User or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of Mgg-studio.


9. GOVERNING LAW AND DISPUTE RESOLUTION

In the event of any misunderstanding or dispute arising between You and Mgg-Studio hereto or any matter concerning the interpretation of any provision of these ToS, the said misunderstanding, dispute or interpretation shall be settled in good faith through negotiations via mailing to Our customer support – support@mgg-studio.com. You explicitly agree that if You and Mgg-Studio are unable to reach an amicable settlement, all disputes related to or arising in connection with these ToS shall be finally settled in the Courts of London, United Kingdom in accordance with the Laws of England and Wales with English as the language of proceedings.


10. GENERAL PROVISIONS

10.1. Entire Agreement

These ToS, Privacy Policy and any Supplementary Policies as well as any document(s) expressly incorporated by reference herein, contain the entire understanding and relation between You and Mgg-Studio and supersede all prior understandings and relations (if any) of You and Mgg-Studio relating to the subject matter hereof, whether electronically, orally, or through written agreed and established by custom practices, precedent or respective policy (if any) between You and Mgg-Studio regarding provided Services hereto.


10.2. Severability

You and Mgg-Studio acknowledge, understand and agree that if any provision or part of these ToS, Privacy Policy and/or any other supplementary policies published on this website (“Policies”) found illegal, invalid and/or unenforceable, in whole or in part of one or all Policies or by any court of competent jurisdiction, such provision shall (only to this one respective jurisdiction) be ineffective solely to the extent of due determination of the illegality, invalidity and/or unenforceability without affecting the legality, validity and/or enforceability in any other manner or jurisdiction, and without affecting the remaining provisions of Policies hereof, which shall continue to be in full force and effect herein.


10.3. Supplementary Policies

Mgg-Studio may publish any and all additionally necessary policies related to specific or general services (like the use of forums, blogs, games wikis, fan pages, and/or other similar communities chats as well as contests or loyalty programs) and/or based on legal requirement from the specific jurisdiction where Services (including games) became available. Your right to use such services is subject to those specific policies (if any) and these ToS.


10.4. Notices

You may be notified by Us via in-game personal or www.mgg-studio.com notices and/or via e-mail or any other communications means available or earlier provided by You to Us for contacting. Any and all requests and/or notices given by Your or requested by You under these Policies and one party to another under this Agreement shall be in writing, delivered by email.


10.5. Assignment

Mgg-Studio may assign or delegate these Policies in whole or in part, to any person or entity at any time with or without Your consent for such actions. In contrast, You may not assign or delegate any rights or obligations under these Policies without Mgg-Studio’s prior written consent. In case of any unauthorized assignment and/or delegation of any rights or obligations (party or fully) shall be ineffective from the moment of such action.


10.6. No Waiver

A failure or delay of Mgg-Studio to exercise any right or remedy, or enforce strict performance by You of any single clause of these Policies shall not be constructed as a waiver of Mgg-Studio’s right or remedy to assert or rely upon any further exercise of that right or remedy in other instances. 

The express waiver by Mgg-Studio of any provision, condition, or requirement of these Policies shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement herein. Except as expressly and specifically stated in these ToS, neither representations, statements, consents, waivers, or other acts or omissions by Mgg-Studio shall be counted as a modification of these ToS nor legally binding unless duly signed and documented by Mgg-Studio.


10.7. Equitable Remedies

You hereby agree that Mgg-Studios would be irreparably damaged if these ToS were not specifically enforced, and therefore You agree that Mgg-Studios shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these ToS, in addition to such other remedies as Mgg-Studios may otherwise have available to it under applicable laws.


10.8. Force Majeure

Mgg-Studio shall not be liable for any delay or failure to timely or duly perform its obligations resulting from causes outside the reasonable control of Mgg-Studio, including without limitation any failure to perform its obligations due to unforeseen circumstances or cause beyond the control of Mgg-Studio (including but not limited to acts of God, war, terrorism, riots, embargoes, acts of specific jurisdiction authorities, fire, floods, accidents, strikes, and etc.).

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