Maximor - Terms of Use If you
want to review our Privacy Policy, go here.
1.1 These terms apply to the
download, access and/or use of Maximor games, whether from a computer, a
mobile device, our website www.maximor.org (the “Website”) or any other
website, device or platform (each a “Game” and collectively “Games”). These
terms also apply to any other services we may offer in connection with the
Games or the Website, such as customer support, social media, community
channels and other websites we may maintain from time to time (in these terms,
we refer to all of our Games and other services collectively as “Services”).
These terms are a legal agreement and contain important information about your
rights and obligations in relation to our Services.
1.2 If you do not agree to these
terms or any future updated version, you must not access or use our Services
and must cease all current access and/or use. If any future update to these
terms requires action on your part in order to accept the updated terms, you
may not be able to continue using our Services until you have taken such
action.
1.3 These terms represent a legal
agreement between you and Madness Solutions Estudio, a Peruvian company with
registered office at Manuel Arévalo - 2da fase - Mz 12 Lt 51, La Esperanza -
Trujillo, Peru. The parties intend that the terms of this agreement apply for
the benefit of MS Estudio's associated, parent, subsidiary or affiliated
companies.
1.4 FOR RESIDENTS OF PERU:
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND WAIVER
OF CLASS ACTION RIGHTS, AS DETAILED FURTHER IN SECTION 21.
1.5 In these terms, “MS Estudio,”
“we,” “us,” or “our” refers to Madness Solutions Estudio.
1.6 These terms are available on
the app store or platform where you download our Games (such as the Google Play
Store), on any website or platform where you can play our Games. You understand
that by accessing and/or using our Services, you are agreeing to these terms
and our privacy policy (see section 13 below).
1.7 To use our Services, you
represent that you are at least 13 years of age and agree that if you are
between the ages of 13 and 18, your legal guardian has reviewed these terms,
agrees to them, and agrees to your access or use of our Services.
1.8 You may access the most
recent version of these terms at any time at www.maximor.org/termsandconditions.
We may modify these terms at any time as set forth below in Section 17 and,
except for any amendments to Section 21 below (binding arbitration and class
action waiver), your continued use of the Services after the terms have been
updated will constitute your acceptance of the updated terms.
2.1 Specific rules for each Game,
as well as its scoring rules, controls, and guidelines, can be found within
each Game. Such rules, scoring rules, controls, and guidelines form part of
these terms; You confirm that you will abide by them
in respect of each individual Game you choose to access or use.
2.2 You are responsible for any
internet connection or mobile connection charges you may incur for accessing
and using our Services. If you are unsure of what these charges will be, you
should check with your internet provider or mobile operator before accessing or
using our Services.
2.3 Our Services or any part of
them may be unavailable for technical or maintenance reasons, whether scheduled
or unscheduled.
3.1 When using our Services, you
may choose to create an account with us. In some cases, you may even be
required to do so. If you choose to do so, you confirm that you will take all
reasonable steps to protect your login details and keep them confidential.
3.2 You agree not to provide your
login details to anyone else and to prevent anyone else from using your login
details or your account.
3.3 When we refer to “login data”
or “account” in these terms, we also mean the login data and your account of
any social network or platform with which you have allowed our Services to
interact.
3.4 We will assume that anyone
who logs into your account using your details is you or someone with your
permission. If you fail to keep your login details secret, or if you share your
login details or account with another person (whether intentionally or
unintentionally), you accept full responsibility for the consequences of that
action, including any unauthorised purchases that may occur, and you agree to compensate
us for the full amount of any resulting loss or damage.
3.5 We will not be liable to you
for any loss you suffer as a result of an unauthorised person accessing your
account or using our Services, and we accept no liability for any loss or
damage resulting from such unauthorised use, whether fraudulent or otherwise.
3.6 We reserve the right to
delete your account if you do not carry out any activity in relation to it for
365 days or more. In such event, you will no longer be able to access the account
or use the Virtual Money or Virtual Items (as defined below) associated with
that account, and you will not be entitled to any refund of any money related
thereto.
3.7 You are aware that if you
delete your account or if we delete your account in compliance with these
terms, you may lose access to any data previously associated with your account
(including, but not limited to, your progress in our Games and/or the level or
score you have earned in our Games, as well as any Virtual Money or Virtual Items
linked to your account).
3.8 YOU ACKNOWLEDGE AND AGREE
THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT YOU MAY
CREATE USING ANY OF OUR SERVICES. WE MAY SUSPEND, CANCEL, MODIFY OR DELETE ANY
OF THESE ACCOUNTS AT ANY TIME, FOR ANY REASON, WITHOUT NOTICE TO YOU.
3.9 Your account is for your
personal and exclusive use only and may not be transferred to any other person.
4.1 Our application may include
virtual currencies such as maxi-coins (“Virtual Money”) or items or services
for use with our Games (“Virtual Items”) or paid subscriptions for Virtual
Money and/or Virtual Items (“Subscriptions”). In order to use or enjoy Virtual
Money and/or Virtual Items in our Games, you may be required to achieve a certain
level or progress to a certain point. You agree that, once purchased, Virtual
Money and Virtual Items have no monetary value and cannot be exchanged for real
money, real items or real services by us or anyone else. You agree that Virtual
Money and/or Virtual Items are not transferable to anyone else, and that you
will not transfer or attempt to transfer Virtual Money or Virtual Items to
anyone else.
4.2 You do not own the Virtual
Money or Virtual Items or Subscriptions, but rather acquire a personal, limited,
revocable license to use them; any remaining balance of Virtual Money and/or
Virtual Items does not reflect an accrued value.
4.3 You agree that all purchases
you make of Virtual Money and/or Virtual Items are final and that we do not
refund any transaction once made and that an active Subscription cannot be
cancelled during the Subscription period. Prices for Virtual Money, Virtual
Items and Subscriptions do not include applicable taxes and telecommunications
fees unless otherwise stated. To the extent required by law, you agree to pay
such applicable taxes and telecommunications fees in accordance with applicable
law. If you live in the European Union, you have certain rights to cancel
distance purchases; However, please note that when you purchase a license to
use Virtual Items or Virtual Currency from us, you acknowledge and agree that
we will begin providing the Virtual Items or Virtual Currency to you upon
completion of your purchase and therefore your right to cancel is lost at this
point. For the purposes of this Section 4.3, a “purchase” is complete at the
time our servers validate your purchase and the applicable Virtual Items and
Virtual Currency are successfully credited to your account on our servers.
4.4 If on a device you do not
connect your game to an account that is linked to a social network or a
Maximor account, we will not be able to restore Virtual Money, or other data
associated with your game, to a different device if your device is lost or
damaged. Therefore, on devices that are not connected in this way: Any risk of
loss of Virtual Money you purchase from us is transferred to you upon
completion of the purchase in the manner described in section 4.3 above; Any
risk of loss of Virtual Money you receive from us without making any purchase
is transferred to you at the time the Virtual Money has been successfully
credited to your account on our servers; and Any risk of loss of other data
associated with your game (including, but not limited to, your progress in the
Game, and the level or score you have achieved in our Games) is transferred to
you immediately at the time such game data is generated. 4.5 Data relating to
Virtual Items, whether purchased by you with Virtual Money or obtained or won
by you in any other way, is stored locally on your device and is not
synchronized between different devices, even if you connect the game you are
playing on a device with an account linked to a social network account or a
Maximor account. Therefore, all risk of loss of this data is transferred to
you (i) in the case of purchased Virtual Items, upon completion of the purchase
as described in section 4.3 above; and/or (ii) in other cases, at the time you
obtain or win such Virtual Items.
4.6 If you live in the European
Union, we will provide you with a VAT invoice if required by applicable law or
if you request it. You agree that these invoices may be in electronic format.
4.7 We reserve the right to control, regulate, modify or eliminate Virtual
Currency, Virtual Items and/or Subscriptions without incurring any liability to
you at any time, but if you have an active Subscription such changes will only
take effect after the end of the current subscription period, at which time
your Subscription will automatically terminate.
4.8. We reserve the right to
modify the prices of Virtual Items, Virtual Currency and Subscriptions offered
through the Services at any time, but if you have an active Subscription such
changes will only take effect after the end of the Subscription Period, at
which time your Subscription will automatically terminate. We may limit the
total number of Virtual Items or Virtual Currency that can be purchased at one
time, and we may limit the total amount of Virtual Currency or Virtual Items
that you may hold in the aggregate in your account. You may only obtain Virtual
Currency and Virtual Items from us or our authorized partners through the
Services, and not in any other way.
4.9 Depending on your platform,
any purchase of Virtual Items, Virtual Money or Subscriptions will be subject
to the terms of service and user agreement of your platform provider. Usage
rights may differ from item to item. If you are unsure of your usage rights,
please check with your platform or our customer support team before making a
purchase. Unless otherwise stated, content available in any in-game store is
age-rated as the Game.
4.10 Without limiting sections
3.7, 4.4 or 7.1, if we suspend or terminate your account under these terms, you
may lose any Virtual Money and Virtual Items you have, and/or any active
Subscriptions (see section 4.12) you may have, and we will not compensate you
for that loss or refund your money. If you have an active Subscription on the
termination date, it will not automatically renew at the end of the
then-current Subscription period.
4.11 The charge for any
individual item you may purchase through our Website will be made as specified
on the Website at the time you make your purchase, except in the case of
obvious error. The charge includes all sales tax and any other charges.
Depending on the bank you use, your bank may apply additional charges; we have
no control over this and accept no liability in this regard. If you are unsure
whether you will be subject to such additional charges, please check with your
bank before making any purchase through our Website. We only accept payment
through our payment processing partners by credit card, debit card and mobile
payment. Our payment processing partners may have their own terms and
conditions; please be sure to check that you agree to them before making any
payment. If the transaction you make with our payment processing partners is
not completed, your purchase will not be effective. When you successfully complete
a payment transaction, your purchase will be effective as soon as possible: we
will endeavour to complete your order promptly.
4.12 Payment for a Subscription
will be charged to your account at the time of purchase and renewals will occur
within 24 hours prior to the expiration of the then-current Subscription
period. Your Subscription will automatically renew each month unless you turn
off auto-renewal through your platform settings at least 24 hours before the
end of the current Subscription period. Your subscription is tied to your
platform account and cannot be transferred between platform accounts. You agree
that our sales of Subscriptions are final and that no cancellation is permitted
during an active subscription period.
5.1 You must comply with
applicable laws in the location from which you access our Services. If any
applicable laws restrict or prohibit you from using our Services, you must
comply with those legal restrictions or, if applicable, you must stop using or
accessing our Services.
5.2 You warrant that all
information you provide to us in order to access or use our Services is and
will remain at all times true, accurate and complete.
5.3 You and other users may
submit, upload, communicate, transmit or otherwise make available information,
data, software, sounds, photographs, graphics, videos, tags and other materials
(“Content”), through our Services. You are aware that all Content
that may be submitted to you when you use our Services, whether publicly or
privately, is the sole responsibility of the person submitting the Content.
This means that you, the user, and not us, are solely responsible for all
Content that you may upload, communicate, transmit or otherwise make available
through our Services.
5.4 You agree not to upload,
communicate, transmit or otherwise make available Content or otherwise use the
Services in a manner: that is or could reasonably be considered unlawful,
harmful, harassing, defamatory, libelous, obscene or otherwise objectionable;
that is or could reasonably be considered a violation of another person’s
privacy or infringes on privacy rights; that is likely or could reasonably be
considered to incite violence or racial or ethnic hatred; that you do not have
a legal right to make available (such as information that is privileged,
proprietary or confidential); that infringes any intellectual property rights
or any other rights owned by any third party; that consists of unsolicited or
unauthorized advertising, promotional materials, junk mail, spam, chain
letters, pyramid schemes or other form of promotional messages; or that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment.
5.5 You agree not to: use our
Services to harm, offend, or harass anyone; create more than one account per
platform to use our Services; use another person or entity’s email address to
sign up for and use our Services; use our Services for fraudulent or abusive
purposes (including, but not limited to, using our Services to impersonate a
person or entity, or otherwise misrepresent your affiliation with a person,
entity, or our Services); disguise, anonymize, or hide your IP address or the
origin of any Content you may upload; use our Services for any commercial or
profit-making purpose or for the benefit of any third party, or send
unsolicited communications; remove or alter any trademark notices or other
proprietary rights information appearing in our Games or elsewhere on our
Services; cause interference with or disruption to our Services, servers, or
the networks through which our Services are provided; attempt to decompile,
reverse engineer, disassemble, or hack our Services, or to circumvent or block
our encryption technologies or security measures or the data we transmit,
process, or store; harvest, mine, or collect any information about our Services
or other users using our Services, including but not limited to personal
information or data, for example, by uploading any information-gathering
elements, such as pixel tags, cookies, graphic interchange formats (gifs), or
similar elements, sometimes referred to as “spyware,” “spyware,” or “pcms” (passive
collection mechanisms); sell, transfer, or attempt to sell or transfer any
account you have with us or any part of an account, Virtual Money and/or
Virtual Items; disrupt the normal operation of a Game or take any other action
that could negatively affect the ability of other players to compete on equal
terms when using our Games or engaging in real-time trading; disobey the
requirements or regulations of any network connected to our Services; use our
Services to violate any applicable law or regulation; use our Services to
cheat, plan to cheat, or assist in cheating (for example, by using automated
means or third-party software for playing games), or otherwise circumvent
technological measures intended to control access to our Services or elements of
our Services, or do anything else that a reasonable person would not consider
to be within the spirit of fair play or these terms; or use our Services in any
other way that is not permitted by these terms. If you believe that someone may
be violating any of these terms, please write to us at the following email
address: madness.solutions.estudio@gmail.com.
5.6 We do not control the Content
posted by others on our Services and therefore cannot guarantee the accuracy,
integrity or quality of that Content. You are aware that when you use our
Services you may be exposed to Content that you may find offensive, indecent or
objectionable. Under no circumstances will we be liable in any way for any such
Content, including but not limited to any errors or omissions in any Content or
any loss or damage of any kind incurred as a result of the use of any Content
posted, emailed, transmitted or otherwise made available via our Services.
5.7 We have the right to remove
uploaded Content from our Services if we determine, in our sole discretion,
that it violates any part of these terms or may bring our Services into
disrepute. However, you confirm that you are aware that we do not actively
monitor the Content contributed by people using our Services and we make no
guarantee that we will do so.
5.8 You are solely responsible
for your interactions with other users of our Services. You agree that you will
not hold King liable for any loss or damage arising from Content (yours or
another user's), including but not limited to claims for defamation, harassment
or false association.
6.1 Some of our Games allow you
to play against an opponent or other users. You may be able to:
6.1.1 Choose to play with or
against another user that Maximor selects for you or
6.1.2 Play with or against one of
your contacts from a platform or social network where you have allowed
interaction with our Games. Some of our Games may also allow you to search for
your friends to play with or against. We may also display the usernames of
previous opponents so that you can easily find them and play against them
again.
6.2 Where Maximor selects the
other user or opponent for you or groups you with other users in a game mode,
we may do so randomly or use such criteria as we deem appropriate to make these
selections (for example, previous scores, your country, levels achieved in the
Game or other gaming activities).
6.3 By accessing and/or playing
our Games, you agree that your username, score, avatar, country, online status and
other related details (whether now or in the future existing) may be displayed
in any and all media, for any purpose, in perpetuity, without any payment to
you, including (without limitation) to other users in our games or within our
marketing. You also understand and agree that other users may find you by
searching for you by your Game ID address. Please note that we will only
display your username in public, and not your email address; other users will
need to know your Game ID in order to search for you.
7.1 Without limiting our other
remedies or any other section of these terms, if we reasonably believe that you
are in breach of these terms (including repeat minor breaches), we reserve the
right to take any one or more of the following actions, without notice to you:
delete, suspend and/or modify your account or part of it; suspend and/or
terminate your access to our Services; modify and/or delete any Virtual Items
or Virtual Money that may be associated with your account; reset and/or modify
any game progress or benefits and privileges associated with your account, such
as the level or score obtained in our Games. By way of example but not
limitation, any violation of sections 4.1, 4.8, 5.4 or 5.5 may be considered a
breach of contract.
7.2 You agree to compensate us,
to the extent applicable, for all losses, damages, claims and expenses that may
arise from any breach by you of these terms.
8(A) For
residents of Peru: We do not guarantee that all of our Services will be
available at all times, at any particular time, or that we will continue to
offer any of our Services for any particular period of time. We may change or
update our Services without notice to you. We make no warranties or
representations about the availability of our Services, and we reserve the
right to change or stop offering our Services at our sole discretion without
notice to you, including, for example, removing a Game or other Service for
economic reasons due to the limited number of users continuing to use that Game
or Service over time, for technical reasons (such as technical difficulties
experienced by us or on the internet), or to allow us to improve the user
experience. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE
THAT ALL OR ANY OF OUR SERVICES MAY BE CANCELLED IN WHOLE OR IN PART AT OUR
SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY RISK OF LOSS ASSOCIATED
WITH CANCELLATION OF OUR SERVICES.
8(B) For
residents outside of Peru: We do not guarantee that any of our Services will be
available or error-free in all situations and circumstances or at any
particular time; however, we will offer our Services in compliance with any
legal requirements. In particular, in relation only to Virtual Money, Virtual
Items or any other part of our Services that has been paid for with real money,
we warrant that they will substantially conform to the description given at the
time of purchase and will be of satisfactory quality (and any related services
offered through them will be provided with reasonable care and skill). We may
change or update our Services in whole or in part without notice to you
(provided that such changes do not result in a material degradation of the
functionality of any part of the Services that has been paid for with real
money). We make no warranties or representations about the availability of our
Services that are offered free of charge (i.e. those that have not been paid
for with real money) and we reserve the right to change or stop offering them
at our sole discretion without notice to you, including, for example, for
economic reasons due to the limited number of users who continue to use them
over time, for technical reasons (such as technical difficulties experienced by
us or on the internet) or to enable us to improve the user experience. We
assume no liability, legal or otherwise, for failing to perform or delaying any
of our obligations if the cause is beyond our reasonable control. If such
circumstances result in a material degradation of the functionality of our
Services, any obligation you have to make payments to download, use or access
them will be suspended for the duration of that period. We have the right to
modify or cancel the Services or any part of them that is paid for with real
money at our sole discretion after giving you reasonable notice.
9. For residents of Peru:
Limitation of Liability WE ASSUME NO LEGAL LIABILITY FOR INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE POSSESSION, USE
OR MALFUNCTION OF THE GAMES OR ANY OF OUR OTHER SERVICES, INCLUDING PROPERTY
DAMAGE, COMPUTER ERROR OR MALFUNCTION, AND TO THE EXTENT PERMITTED BY LAW,
DAMAGES FOR PERSONAL INJURY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT WILL OUR LEGAL LIABILITY EXCEED; THE PRICE YOU PAID
(IF ANY) FOR THE LICENSE TO USE VIRTUAL ITEMS OR VIRTUAL CURRENCY OR ANY OTHER
PORTION OF OUR GAMES OR SERVICES. SOME PROVINCES DO NOT ALLOW LIMITATIONS ON
HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF DAMAGES,
SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY
FROM JURISDICTION TO JURISDICTION.
10. For
residents outside Peru: limitation of liability
10.1 We accept liability for
death or injury resulting from our negligence or that of our employees or
agents, as well as for loss or injury caused by fraud committed by us or our
agents, or any other liability that cannot be excluded by law.
10.2 We are not liable for: any
loss or damage not caused by our breach of these terms or our negligence; any
loss or damage not reasonably foreseeable by you and us at the time of your
acceptance of these terms and conditions, including any loss which arises as a
side effect of foreseeable losses. This may include loss of data or
opportunity, service interruption, computer or other device failure or
financial loss; any damage to any device you use to access or use any of our
Games or Services which is in any way caused by our Services, unless that
damage is directly caused by our failure to provide the Games or other
applicable Services with reasonable skill and care; increased loss or damage
resulting from your breach of any of these terms and conditions; or technical
failures or unavailability of our Services, to the extent this is reasonably
beyond our control.
10.3 For any loss or damage other
than those mentioned in section 10.1 and subject to section 10.2 in any twelve
month period, we will only be liable for loss or damage that is a reasonably
foreseeable consequence of our negligence or breach of these terms and
conditions, up to the value of the amount paid by you to us in the 100 day
period preceding the date of your claim. Loss or damage is only foreseeable
when it can be contemplated by you and us at the time you agree to these terms
and conditions.
10.4 Subject to section 10.5
below, and unless otherwise stated in these terms, we make no warranty, express
or implied, in relation to our Services, and you acknowledge that your only
right in relation to any problems or dissatisfaction relating to our Services
is to stop using them.
10.5 Any additional statutory
rights you may have as a consumer are not affected by these terms.
11.1 You agree that we own or are
the licensee of all copyright, trademarks and other intellectual property
rights in or relating to our Services (excluding Content contributed by and
owned by players).
11.2 As long as you comply with
these terms, we grant you a non-exclusive, non-transferable, personal,
revocable, limited license to access or use our Services (but not related
objects or source code) for your personal and private use,
and in each case provided that such use is in accordance with these terms. You
agree not to use our Services for anything else. These terms also apply to any
updates or adjustments we may release or make available to you for any of the
Services, and such update or adjustment shall form part of the Services for the
purposes of these terms.
11.3 YOU ACKNOWLEDGE AND AGREE
THAT, EXCEPT FOR THE LICENSE GRANTED TO YOU IN THESE TERMS, YOU HAVE NO
OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY OF OUR SERVICES, INCLUDING BUT NOT
LIMITED TO ONLINE ACCOUNTS, ANY VIRTUAL CURRENCY OR VIRTUAL ITEMS. You may not
copy, distribute, make available publicly or create any derivative work of our
Services or any portion thereof unless we have previously agreed to do so in
writing.
11.4 In particular, and without
limiting the application of Section 11.3, you may not use or make publicly
available any cheating systems or technological measures designed to control
access to our Services or any elements of our Services, including providing
access to any Virtual Currency or Virtual Items, whether for free, for a fee or
otherwise.
11.5 By submitting Content
through our Services, as defined in Section 5.3, you: represent that you have
the right to do so; you grant us and our group companies the right to edit,
adapt, publish and use your Content and any derivative works we may create from
it, in any and all media (whether now existing or in the future) for any
purpose, in perpetuity and without any payment to us in compensation; You agree
that you may have what are known as “moral rights” in the Content, for example,
the right to be named as the creator of your contributions and the right not to
have your work treated in a disparaging manner. You agree to waive the
enforcement of any such moral rights you may have in relation to the Content,
and you agree that we have no obligation to monitor or protect your rights in
the Content you may submit to us, but you do grant us the right to enforce your
rights in that Content if we wish, including but not limited to taking legal
action (at our expense) on your behalf.
11.6 You may not copy,
distribute, make available to the public or create any derivative work from any
Content belonging to any other user of our Services. If you believe that your
intellectual property rights have been infringed online, you may contact us by
sending the information listed below to the following email address
madness.solutions.estudio@gmail.com: a description of the intellectual property
rights and an explanation of how they have been infringed; a description of
where the infringing material is located; your physical address, telephone
number, and email address; a sworn statement by you stating that (i) you have a
good faith belief that the complained-of use of the material you claim is not
authorized, and (ii) the information you provide is accurate, correct, and that
you are authorized to represent the owner of an exclusive right that is
allegedly infringed, and a physical or electronic signature of the person
authorized to represent the owner of the exclusive rights that are allegedly
infringed.
12.1 Madness Solutions Estudio is
the controller of any personally identifiable information or personal data we
collect about you through or in connection with our Games or other Services.
12.2 Madness Solutions Estudio
collects, processes, uses and shares your personal information in accordance
with our privacy policy and these terms. If you do not agree with our privacy
policy, you should not download or access our Games or our Services.
12.3 This section 12 shall not
affect the clauses in sections 19 and 20, which shall take precedence over this
section 12.
13.1 We may include links to
third party Services and websites on our Services. You acknowledge that we make
no promises regarding the content, items or services provided by such third
parties and that we do not endorse them. We are also not liable to you for any
loss or damage caused by such third parties. Any costs you incur in connection
with such third parties are your responsibility. You acknowledge that when you
provide data to third parties, you are providing it to them under the privacy
policy (if any) of such third parties and that our own privacy policy does not
apply in relation to such data.
14.1 We may wish to transfer all
or part of our rights or responsibilities under these terms to a third party
without obtaining your consent. You agree that we may do so provided that the
transfer would not significantly disadvantage you. You may not transfer any of
the rights we provide to you under these terms unless we agree in advance in
writing.
15.1 These terms constitute the
entire agreement between you and us in relation to our Services (as defined in
Section 1) and supersede all other agreements between you and us.
16.1 You can view these terms at
any time at maximor.org/termsandconditions.
16.2 Without prejudice to Section
20.8 below, we reserve the right to update these terms from time to time by
posting the updated version at that address. We may do so for a variety of
reasons, including but not limited to changes in the nature of our products or
services, technical or legal reasons, or because our business needs have
changed. You agree that if you do not agree to any modification to our terms,
you must immediately stop accessing and using our Services.
17.1 If any part of these terms
is found to be invalid or unenforceable under any applicable local law or in
the judgment of a court of competent jurisdiction, that part shall be construed
in a manner consistent with applicable law to reflect as nearly as possible our
original intentions, and the remainder of these terms shall remain valid and
enforceable. If an invalid or unenforceable part of these terms cannot be
construed in a manner consistent with applicable law, that part shall be deemed
severed from these terms without affecting the remaining provisions of these
terms.
18.1 Our failure to exercise or
enforce any of our rights under these terms does not waive our right to enforce
them. Any waiver of such rights will only be effective if made in writing and
signed by us.
19.1 Most problems can be
resolved quickly by writing to us at the following email address:
madness.solutions.estudio@gmail.com.
19.2 In the unlikely event that
we are unable to resolve your enquiry and you wish to take legal action against
us, these terms will be governed by and construed in accordance with the laws
of Peru.
20.1 The BINDING ARBITRATION AND
CLASS ACTION WAIVER provisions in Section 20 apply to all disputes between you
and Madness Solutions Estudio or Madness Solutions Estudio's parent, subsidiary
and affiliate companies in connection with the Games and Services. Section 20
also applies to any dispute between you and any affiliate of Madness Solutions
Estudio that is a third-party beneficiary of Section 20. For purposes of
Section 20, “affiliate” means any entity that controls, is controlled by, or is
under common control with Madness Solutions Estudio, and “control” means direct
or indirect ownership of more than fifty percent (50%) of that entity’s equity
or equivalent voting rights, and “dispute” includes any dispute, claim,
controversy, or action between you and Madness Solutions Estudio (or any
affiliate of Madness Solutions Estudio) arising out of or relating to this
Agreement, the Services, or any other transaction involving you or Madness
Solutions Estudio, whether based on contract, warranty, misrepresentation,
fraud, tort, intentional tort, statute, regulation, ordinance, or any other
legal or equitable basis.
20.2 Initial Dispute Resolution:
If you have any concerns or questions about our Services, you may contact our
customer support team through our Maximor Community portal (www.maximor.org).
Most inquiries are quickly resolved in this manner to the satisfaction of our
customers. The parties will make every effort to resolve any dispute, claim,
question, or disagreement directly through good faith consultation and
negotiation, which shall be a precondition for either party to initiate a
lawsuit or arbitration.
20.3 Binding Arbitration: If the
parties do not agree to a mutually agreeable solution within 30 days of the
time of the informal dispute resolution attempt pursuant to Section 20.2, then
you and Madness Solutions Studio agree to have all disputes resolved by binding
arbitration in accordance with this agreement. ARBITRATION MEANS THAT YOU WAIVE
THE RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND THAT YOUR
GROUNDS FOR BRINGING AN APPEAL WILL BE LIMITED. Pursuant to this Agreement, the
Peruvian Judiciary, a nationally recognized arbitration authority, will
administer the arbitration under its procedures in effect for consumer-related
disputes, excluding any rules that permit concurrence or class actions in
arbitration (for more information on procedure, see section 20.5 below).
20.4 Arbitration Procedure: If
you or Madness Solutions Estudio commence an
arbitration proceeding, the arbitration will be governed by the Peruvian
Judiciary rules in effect when the arbitration request is made. In some cases,
the costs of arbitration may exceed the costs of litigation, and the right of
discovery may be more limited in arbitration proceedings than in trials. The
arbitration award is binding and considered a judicial decision in any court of
competent jurisdiction. You may choose to participate in an arbitration hearing
by telephone. Arbitration hearings not conducted by telephone will be held in a
location that is reasonably accessible from your primary residence or in Los
Angeles, California, at your discretion. Instructions for initiating an
arbitration proceeding are available on the Peruvian Judicial Branch website
and at the toll-free telephone number listed above.
20.5 Class Action Waiver: The
parties agree that any arbitration will be conducted only on an individual
basis and not as a class or other representative action, and the parties
expressly waive their right to file a class action or bring proceedings as a
group. YOU AND WE AGREE THAT WE MAY BRING CLAIMS AGAINST EACH OTHER ARISING OUT
OF OR RELATING TO THESE TERMS OR THE PRIVACY POLICY, BUT ONLY IN AN INDIVIDUAL
CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class
action waiver set forth in this section is void or unenforceable for any
reason, or that an arbitration can proceed on a class
basis, then the entire arbitration clause set forth above will be deemed null
and void and the parties will be deemed not to have agreed to arbitrate
disputes.
20.6 Exception - Intellectual
Property Litigation and Small Claims Court: Notwithstanding the parties'
decision to resolve all disputes through arbitration, either party may bring an
action in a state or federal court that addresses only claims of patent
infringement or invalidity, copyright infringement, moral rights infringement,
trademark infringement, or trade secret misappropriation, but not, for clarity,
claims relating to the license granted to you for the Services under these
Terms. Either party may bring proceedings in small claims court for disputes or
claims within the scope of that court's jurisdiction.
20.7 30-Day Right to Opt Out: You
have the right to opt out and not be bound by the arbitration and class action
waiver provisions set forth in the "Binding Arbitration,"
"Location," and "Class Action Waiver" sections above. To
exercise that right, please send a written notice of your decision to opt out
to the following address: Manuel Arévalo - 2da fase - Mz 12 Lt 51, La Esperanza
- Trujillo, Peru. The notice must be sent no more than 30 days after your first
download of the applicable Game or your commencement of use of our Services
(or, if no purchase was made, no more than 30 days after the most recent date
on which you first downloaded the applicable Game or accessed or commenced
using the applicable Service); otherwise, you will be bound to arbitrate
disputes under the terms of those sections. If you opt out of the arbitration
provisions, we will also not be bound by them.
20.8 Changes to this section: We
will provide 60 days' notice of any changes we make to this section. Changes
will become effective on the 60th day and will apply prospectively only to
claims arising after the 60th day.
Our Games and other Services are
made available to you under these terms. This section explains which laws apply
to these terms.
21.1 Except as provided in
section 21, the laws of Peru will govern the interpretation of these terms and
will apply to any claim for breach, without reference to principles of conflict
of laws. All other claims, including those relating to consumer protection
laws, unfair competition laws, or claims for negligence and tort, will be
subject to the laws of the country in which you reside. If there is a dispute
between us concerning these terms of use, that dispute will be subject to the
jurisdiction of the courts of Peru, unless the law of your country of residence
allows you to choose the courts of that country for the dispute in question.
21.2 For residents of Peru: You
and we irrevocably agree to the exclusive jurisdiction and venue of the state
or federal courts of Peru to resolve any claim that is subject to the
exceptions to the arbitration agreement described in Section 21 or that is
otherwise found to be ineligible for arbitration.
21.3 If you reside outside of
Peru and have the right to commence or participate in legal proceedings within
Peru, you agree to be bound by the Binding Arbitration and Class Action Waiver
sections above.
21.4 You understand and agree
that our website, games, and other services may not be used, accessed,
downloaded, exported, re-exported, or transferred in violation of any
applicable export control, economic sanctions, or import laws and regulations,
including, but not limited to, export administration regulations and
regulations promulgated by the Peruvian Government's Customs. You represent and
warrant that (1) you are not subject to Peruvian export sanctions or
restrictions and are eligible to use our Website, Games, and other Services
under applicable laws and regulations; (2) you are not located in, or
ordinarily reside in, any country or region subject to Peruvian sanctions or
embargoes, unless use of our Website, Games, and other Services in such country
or region is authorized by Peruvian law; (3) that you are not an officer,
employee, representative or contractor of, or acting, or purporting to act,
directly or indirectly, for or on behalf of, any government (including any
subdivisions, agencies or political bodies thereof or any person directly or
indirectly controlled by it) or political party (e.g., the Communist Party of
Cuba or the Workers' Party of Korea) that is subject to sanctions or embargoes
of Peru, or any other entity located in a country or region subject to
sanctions or embargoes of Peru, and (4) that you will not use our website,
games and other related services for any end use prohibited by Peruvian law.
22.1 If you have questions about
these terms or our Services, you may write to us at the following email
address: madness.solutions.estudio@gmail.com. These terms were last updated on
06/06/2023. © Maximor. “Maximor” is a registered trademark of Madness Solutions
Estudio. All rights reserved.