Terms of Service

MAGLEV GAMES, LLC TERMS OF SERVICE FOR USE OF WEBSITES AND SERVICES OF MAGLEV GAMES, LLC

Effective Date: August 1, 2024

You should carefully read this Terms of Service (the “Agreement” ) and the Maglev Games Privacy Policy,  which is incorporated by reference herein. This Agreement governs the relationship between you and Maglev Games, LLC, including its parents, subsidiaries, representatives, affiliates, officers, and directors (“Maglev Games,”“we,” “our,” or “us”) regarding your access to and use of the Maglev Games websites (the “Sites”) and all of the Maglev Games games, mobile apps, content, products, and any related services (collectively the “Services”).

Please read this document carefully. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PROMPTLY CEASE ACCESSING AND USING THE SITES AND THE SERVICES.

TERMS AND BINDING EFFECT

 This is a legally binding Agreement, and you should read it carefully. By installing, using, or otherwise accessing the Sites or any Services, you hereby agree to abide by this Agreement, as it may be amended by us from time to time in our sole discretion and without any notification to you. If we amend this Agreement, the effective date of the amended Agreement will be stated on the applicable Sites. It is your responsibility to review this Agreement periodically, and if at any time you find this Agreement unacceptable, you must immediately leave all Sites and cease all use of the Services and the Sites. If you do not agree with this Agreement, you may not install, use, or otherwise access our Sites and Services. This Agreement constitutes the entire and only agreement between us and you relating to the subject matter of this Agreement and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Sites and the Services.

BY ACCESSING OR USING THE SITES OR SERVICES YOU ARE DEEMED TO HAVE AGREED TO ALL OF THE TERMS AND CONDITIONS OF THE MOST RECENT VERSION OF THIS AGREEMENT. If you breach this Agreement we may take action against you, including but not limited to terminating your Account, as defined below.

If there is any difference between the English version and any other language version of this Agreement, the English version will apply (to the extent of the difference and to the extent permitted by applicable law).

PRIVACY

To provide the Services, we need information about you, and we only use your information where we have a legal basis to do so. Please read and review our Privacy Policy to understand what information we process, how we use it, and what choices you have when you use our Services.

AGE OF USERS

Any child under the age of 13 should not access or use the Sites or the Services. A child between the age of 13 and 18 requires consent of their parent(s) or legal guardian(s) (“Parent(s)“) to access or use the Sites and the Services. Parent(s) can provide and verify their consent through the Site or through another authorized third-party provider made available through the Services. Where parental consent is required, Maglev Games recommends that Parent(s) monitor the child’s online activity and use of the Services. Parent(s) who wish to recall their previously-provided consent to a child’s access to and use of the Sites and Services should disconnect from the Sites and Services.

To the extent permitted under applicable law, Maglev Games rejects and declines any responsibility regarding any activities conducted by a child under 13 years old with or without the permission of Parent(s). If you are a Parent and you give your consent or permission for your child to register for, access, and use the Sites and Services, you thereby agree to the terms of this Agreement relating to use of the Sites and Services by your child.

DESCRIPTION OF SITES AND SERVICES

Maglev Games operates online mobile gaming services, websites, and mobile applications that accompany such gaming services.

YOUR OBLIGATIONS

When accessing the Sites or using the Services, you agree to obey the local law, general principles of law and to respect the intellectual property rights of others. By registering, accessing, or using the Sites and Services in any way, you agree to the following:

  • You agree not to access or use our Services in an unauthorized manner;
  • You agree that your use of the Services is at your own risk, and that you will not use the Services to violate any applicable law, regulation, or instructions stated in this Agreement and you will not encourage or enable any other person to do so;
  • You agree not to harass or threaten any person;
  • You agree not to use any harmful, threatening, abusive, defamatory, obscene, hateful, or racially or ethnically offensive language;
  • You agree not to conduct any unlawful chats, messaging, or other communications while using the Services;
  • If asked by a member of Maglev Games to stop or change a behavior or action, you will do so;
  • If you have been previously banned from accessing our Services, you are prohibited from re-accessing the Services;
  • You agree not to cheat, hack or make any attack on our server(s) in any way;
  • You agree not to transmit or make available in the Services or Sites any advertising, promotional materials,  or any other forms of solicitation, which include but are not limited to chain letters, junk, spam, or repetitive messaging (whether targeted or not targeted);
  • You are prohibited from using our Services for commercial purposes;
  •  You are prohibited from renting, selling, gifting, or giving away your Account or Account-related information;
  •  You are prohibited from selling or transferring prizes or rewards obtained in connection with the Services to any other person or entity;
  • You agree not to transmit any material that contains viruses, worms, traps, or malicious computer code;
  • You agree not to attempt to gain unauthorized access to, circumvent, modify, disrupt, overburden, or otherwise impair any aspect of our Services (including Accounts of others) or related technology, devices, systems, or networks;
  • You agree not to copy or reproduce (except as expressly permitted), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Services;
  •  You agree not to create, use, offer, promote, advertise, make available, and/or distribute exploits, cheats, bots, software, hacks, mods, or any unauthorized third-party code or software that can be used to interfere with, alter, or modify our Services, or that can be used in conjunction with our Services;
  • You agree not to disrupt the normal flow of the application and dialogue, or otherwise act in a manner that negatively affects other people’s ability to use the Services;
  • You agree not to collect, process, or store personal data about other people using the Services;
  • You agree not to impersonate another person, including without limitation any other user or any Maglev Games employee;
  • You agree only to use your own credit card with the Services;
  • You are prohibited from creating an Account on someone else’s behalf; and
  • You agree not to use any, of our trademarks, service marks, or tradenames, or any variations or misspellings thereof, including Maglev Games, Maglev Publishing, Maglev Technologies, and Maglev Industries.

Your access to and use of the Sites and the Services are at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Materials”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Materials you provide or transmit, or that is provided or transmitted using your Account. The burden of proving that any Materials does not violate any laws or third-party rights rests solely with you. Additionally, in the event that you become aware of or reasonably suspect any infringement of the copyrights or trademarks of Maglev Games or any third parties, occurring on any Sites or related to any Services, you will immediately notify and report to Maglev Games any such infringement. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Materials that (a) are libelous, defamatory, obscene, pornographic, abusive, or threatening; or (b) violate any applicable local, state, national, or foreign law or regulation under chat sessions. Maglev Games reserves the right to terminate your receipt, transmission, or other distribution of any Materials using the Services, and, if applicable, to delete any such Materials from its servers. Maglev Games intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.

We may terminate or suspend your access to and use of the Services, at our sole discretion, at any time and without notice to you, including if (a) you fail to comply with this Agreement; (b) we suspect fraud, cheating, or misuse by you; or (c) we suspect any other unlawful activity associated with your Account or behavior. In the event of any unlawful activity, particularly actions that constitute a criminal offense, being identified by or reported to Maglev Games, the relevant situation will be reported to the appropriate authorities. Consequently, regardless of what, if any, actions are taken by the authorities based on such reports, you accept and undertake that you have no right to make any claims, demands, or complaints against Maglev Games.

OWNERSHIP

All rights, title, and interest to the Sites and Services, including without limitation all games, mobile applications, software (including server software), computer code, websites, titles, characters, character names or profiles, stories, dialogue, catch phrases, in-game chat transcripts, animations, artwork, concepts, themes, objects, audio sounds and effects, musical compositions, audio and visual effects, methods of operation, documentation, moral rights, in-game chat transcripts, all recordings of games and game play, and Virtual Items, as defined below. appearing and/or originating in our Sites and Services, whether provided, earned or purchased (“Content”), are owned by or licensed to Maglev Games and subject to copyright and other intellectual property rights under applicable laws and international conventions. Neither this Agreement nor your use of the Services convey or grant to you any rights: (i) in or related to the Sites, Services or the Content, except for the limited license granted in the section “Limited License” below; or (ii) to use or reference Maglev Games or its licensors’ company name(s), logos, product and service names, or marks.

You acknowledge and agree that you will have no ownership or other property interest in any Account created in connection with the Sites and Services. You further acknowledge and agree that all interest in and rights to any such Account are and will be owned in perpetuity by and solely for the benefit of Maglev Games.

PAYMENT OBLIGATIONS
Payments

We have the right to store certain information about your payment methods. You must promptly update your payment method and related information (for example, a change in your billing address or credit card expiration date) to maintain its accuracy and completeness. We may update the information and continue billing your payment method (e.g., credit card) even after it has expired or been updated, to fulfill transactions you authorize. You agree that we may collect amounts owed using any legal manner without prejudice to any other right or remedy we may be entitled to under this Agreement or by law. In the event that we bring any action to collect any amounts owed, we will be entitled to recover our costs, including reasonable attorneys’ fees incurred in such collection. Any amounts past due will be subject to a late fee of the lesser of 1.5% per month or the maximum amount permitted by law. For any amounts owed to us by you, including for any chargebacks, refunds, return allowances, or non-compliance fees, we may charge such amount on any credit card we have on file for you. If you are involved in a credit card dispute involving a payment made through or in connection with us, you agree to provide us and our third-party payment processor with all information relevant to the dispute.

Virtual Items and Sales

You may purchase with “real world” money limited, non-transferable, non-sub-licensable, revocable virtual currencies, including but not limited to (a) virtual cash, in-game coins, and all other kinds of in-game monies and currency, all for use in the games (“Virtual Currency”); (b) virtual in-game items (Virtual Currency and virtual in-game items referred to collectively as “Virtual Items”); and (c) other goods or services within the Services for your personal and non-commercial entertainment. You are only allowed to purchase Virtual Items from authorized partners of Maglev Games and not in any other way.

You understand that Maglev Games has the absolute right to manage, regulate, control, modify or eliminate Virtual Items and may revoke your access to them at any time and for any reason, with or without notice. Maglev Games shall have no liability to you or any third party in the event that Maglev Games exercises any such rights. You have no claim, right, title, proprietary or ownership interest in any of the Virtual Items regardless of any consideration paid for those virtual items.

Except when explicitly authorized by Maglev Games, (i) transfers of Virtual Items to other persons are strictly prohibited; (ii) outside of the Services, you may not buy or sell any Virtual Items for “real world” money or otherwise exchange items for value; and (iii) Maglev Games does not recognize any such purported transfers of Virtual Items or the purported sale, gift or trade in the “real world” of anything that appears in the Services. Any attempt to do any of the foregoing is in violation of this Agreement and will result in an automatic termination of your rights to use the Virtual Items and may result in termination of your Account. All Virtual Items are forfeited if your Account is closed, deleted, or suspended for any reason, or if Maglev Games discontinues providing the Services.

Maglev Games either owns or has an exclusive license to all of the Content in or related to the Sites and Services, including the games and mobile applications of Maglev Games. Therefore no one other than Maglev Games has any right whatsoever to sell any Content in any manner. In addition, you may not sell in-game items for real money or exchange virtual currency items outside of any game and mobile application of Maglev Games.

YOU ACKNOWLEDGE THAT YOU HAVE NO PROPERTY RIGHTS WHATSOEVER IN VIRTUAL ITEMS. You further acknowledge that you may not use Virtual Items for any purpose outside the games and mobile applications of Maglev Games.

Fees, Refunds And Return Policy

All sales through the Services are final. You acknowledge and agree that any applicable fees and other charges (including, without limitation, Virtual Items) are not refundable in whole or in part. You are fully liable for all charges to your Account, including but not limited to any unauthorized charges. Maglev Games does not issue any refunds or offer any exchanges of any products purchased on or through the Sites or Services.

IN ADDITION TO THE FOREGOING, YOU ACKNOWLEDGE THAT, EXCEPT AS OTHERWISE SET FORTH UNDER APPLICABLE LAW, YOU WILL NOT BE REFUNDED, RECEIVE MONEY, OR BE OTHERWISE COMPENSATED FOR UNUSED VIRTUAL ITEMS OR OTHER GAME ASSETS WHEN THE SERVICES ARE TERMINATED FOR ANY REASON AND WITHOUT NOTICE OR AN ACCOUNT IS CLOSED, DELETED, OR SUSPENDED, WHETHER SUCH SUSPENSION OR CLOSURE WAS VOLUNTARY OR INVOLUNTARY. You agree that you will not assert or bring any claim against Maglev Games, its affiliates, directors, officers, employees, agents, service providers or licensors relating to (i) a claim that you own any Virtual Items; or (ii) a claim for an alleged monetary value of Virtual Items lost upon closure, deletion or suspension of your Account or modification, termination or expiration of this Agreement.

Maglev Games may, at any time, amend the pricing, availability, specifications, content, descriptions or features of the game and mobile application or any products sold through the Services. The inclusion of any products through the Services at a particular time does not imply or warrant that these products will be available at any other time. All such changes will be effective immediately upon posting of such new product prices to the Services.

ACCOUNT AND PASSWORDS

If the Sites or Services requires you to open an account or otherwise register (an “Account”), you must complete the process by providing and maintaining current, accurate and complete information as requested on the applicable form, and maintaining the confidentiality of your password. You are the only person authorized to use your login information, and you are solely responsible for maintaining the confidentiality of your password. You are fully responsible for all activities that occur through the use of your Account and password. You agree to notify Maglev Games immediately of any unauthorized use of your Account or password. We are not responsible or liable for any loss or damage that may occur as a result of someone else using your password or Account, either with or without your knowledge. However, you could be held liable for losses incurred by us or any other party due to someone else using your Account or password. You may not use anyone else’s Account at any time. We reserve the right to terminate your access to the Sites and Services should Maglev Games in its sole discretion consider your access to and use of the Sites and Servicesto be inappropriate in any way.

UPDATES TO OUR SITES AND SERVICES

You understand that our Sites and Services are developing and evolving. Maglev Games may require that you accept updates to our Services. While Maglev Games will make reasonable efforts to inform you of any such updates, you acknowledge and agree that Maglev Games may update our Sites and Services, with or without informing or otherwise notifying you. You may need to update third-party software from time to time in order to access and use our Sites and Services and/or play our games and mobile applications.

LINKS TO THIRD-PARTY WEBSITES

Any links to third-party websites found within the Sites or Services are provided solely as an added convenience to you. We have neither reviewed the contents of these third-party websites nor do we claim any responsibility for the content or suitability of these third-party websites and we make no express or implied warranty about the accuracy, copyright compliance, legality, merchantability, or any other aspect of the content of pages accessed by such links. The inclusion of links does not imply endorsement of the third-party websites by us or any association with their operators.

PROHIBITED USES

Maglev Games imposes certain restrictions on your permissible use of the Sites and Services. You are prohibited from violating or attempting to violate any security features of the Sites or Services, including, without limitation,: (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Sites, Services,  or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Sites or Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (d) using the Sites or Services to send unsolicited e-mail, including, without limitation, promotions or advertisements for products or services; (e) forging any packet header or any part of the header information in any email or in any posting using the Services; (f) attempting to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Maglev Games in providing the Sites or Services. Any violation of system or network security may subject you to civil and/or criminal liability.

Additionally, only Maglev Games or its licensees have the right to host the Services, including the games and mobile applications of Maglev Games. Accordingly, you may not host, provide matchmaking services for, or intercept, emulate, or redirect the communication protocols used by the Services, regardless of the method used to do so. Such prohibited methods may include, but are not limited to protocol emulation, reverse engineering, modifying the Services, adding components to the Services, or using a utility program to host the Services. Also, the use of any “user interface” for the Services other than the user interfaces that Maglev Games provides is prohibited.

Furthermore, you agree that you will not (a) modify or cause to be modified any files that are a part of any particular Services; (b) create or use cheats, “mods”, and/or hacks, or any other third-party software designed to modify the experience of accessing or using the Services; (c) use any third-party software that intercepts, “mines”, or otherwise collects information from or through any Services.

LIMITED LICENSE TO USE THE SITES AND SERVICES

Subject to your agreement and continuing compliance with this Agreement and any other relevant Maglev Games policies, Maglev Games grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Sites and Services for your own non-commercial entertainment purposes. You agree not to use the Sites and Services for any other purpose as the Sites and Services are provided to you for your personal and non-commercial use only.

The following restrictions apply to the use of the Sites and Services:

  • You shall not (or attempt to) purchase, sell, rent or give away your Account and you shall use your Account only for non-commercial purposes. You shall not create an Account using a false identity or information, or on behalf of someone other than yourself;
  • You shall not use the Sites or Services if you have previously been removed by Maglev Games, or previously been banned from accessing or using any Sites or Services.
  • You shall not use the Sites or Services for the purpose of committing any unlawful act.
LICENSE LIMITATIONS

Any use of the Sites or Services in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.

You agree that you will not, under any circumstances:

  • Engage in any act that Maglev Games deems to be in conflict with the spirit or intent of the Sites and Services or make improper use of Maglev Games support services.
  • Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Sites and Services, any Maglev Games game or any Maglev Games game experience.
  • Modify or cause to be modified any files that are a part of the Sites or Services or any Maglev Games game and mobile application without Maglev Games express written consent.
  • Attempt to gain unauthorized access to the Sites or Services, accounts registered to others or to the computers, servers, or networks connected to the Sites or Services by any means other than the user interface provided by Maglev Games, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Sites and Services.

Maglev Games reserves the right to determine what conduct it considers to be in violation this Agreement or otherwise outside the intent or spirit of this Agreements or the Services themselves. Maglev Games reserves the right to take action as a result, which may include suspending your account, terminating your account, or prohibiting you from using the Services in whole or in part.

SUSPENSION AND TERMINATION OF ACCOUNT AND SERVICES

WITHOUT LIMITING ANY OTHER REMEDIES, MAGLEV GAMES MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICES OR PORTIONS THEREOF IF YOU ARE, OR MAGLEV GAMES SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF TTERM OF THIS AGREEMENT OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER ACCESS TO USE OF THE SITES OR SERVICES, WITH OR WITHOUT NOTICE TO YOU.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICES AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR MOBILE APPLICATION, GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT ANY USER(S) FROM ACCESSING THE SERVICES IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THIS AGREEMENT OR OUR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.

COPYRIGHT INFRINGEMENT

Maglev Games has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Sites or with the Services. We have adopted a policy that provides for the immediate suspension and/or termination of any Sites or Services user who is found to have infringed on the rights of Maglev Games or of a third party, or otherwise violated any intellectual property laws or regulations. Our policy is to investigate any allegations of copyright infringement brought to our attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Maglev Games to delete, edit, or disable the material in question, you must provide us with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted. For this notification to be effective, you must provide it in writing and addressed t Maglev Games, LLC.  Attn: Chief Legal Officer, 13100 Wortham Center Drive, 3rd Floor Suite 1044, Houston, TX  77065 or emailed to legal@Maglevgames.com.

ALLEGED VIOLATIONS

Maglev Games reserves the right to terminate your use of the Sites and the Services. To ensure that we provide a high quality experience for you and for other users of the Sites and the Services, you agree that we or our representatives may access your Account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized access to or uses of the Sites or the Services in accordance with the terms and provisions of the Privacy Policy of Maglev Games. We do not intend to disclose the existence or occurrence of such an investigation unless required by law, but we reserve the right to terminate your Account or your access to the Sites and Services immediately, with or without notice to you, and without liability to you, if we believe that you have violated any terms of this Agreement, furnished Maglev Games with false or misleading information, or interfered with use of the Sites or the Services by others.

NO WARRANTIES

MAGLEV GAMES HEREBY DISCLAIMS ALL WARRANTIES. THE SITES, SERVICES, CONTENT, AND OTHER INFORMATION WE MAKE AVAILABLE TO YOU ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITES, SERVICES, CONTENT, AND OTHER INFORMATION WE MAKE AVAILABLE TO YOU , INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SITES, SERVICES, CONTENT, AND OTHER INFORMATION WE MAKE AVAILABLE TO YOU WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE SITES, SERVICES, CONTENT, AND OTHER INFORMATION WE MAKE AVAILABLE TO YOU MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE THEREOF.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAGLEV GAMES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT OR THE SITES OR SERVICES , WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MAGLEV GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, MAGLEV GAMES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU PAID TO US FOR THE PURCHASES DURING YOUR USE OF THE SITES AND GAMES.

NOTHING IN THIS AGREEMENT SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF MAGLEV GAMES.

You agree to indemnify, defend and hold Maglev Games (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your access to or use of the Sites and Services, or any breach by you of this Agreement, provided, however, that the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

DISCLAIMER AND ACKNOWLEDGEMENT REGARDING GAME DATA

You hereby acknowledge that by using the Sites or the Services you do not acquire any property rights whatsoever in the Sites, Services, Game Data (as defined below), or any status within the Sites and Services. To play games created by the Maglev Games requires the creation and retention of electronic files, including without limitation player characters, Accounts, in-game virtual currency, statistics, user profiles, etc. (“Game Data“), which are stored by us. While keeping Game Data safe is a priority for us, note that we shall not have any liability for the loss of any Game Data for any reason whatsoever.

Specifically, regarding all Maglev Games virtual in-game currencies, YOU HEREBY ACKNOWLEDGE THAT BY PURCHASING OR OTHERWISE OBTAINING IN-GAME CURRENCIES YOU DO NOT ACQUIRE ANY PROPERTY RIGHTS WHATSOEVER IN THE IN-GAME CURRENCIES. MAGLEV GAMES IN-GAME CURRENCIES ARE GAME DATA THAT ARE INTEGRAL TO MAGLEV GAMES PROVIDING ENTERTAINMENT SERVICES TO ITS USERS.

INDEMNIFICATION

You agree to indemnify Maglev Games for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Maglev Games, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including but not limited to all attorney fees and costs) arising from your access to or use of the Sites and Services, your violation of this Agreement, or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

FORUMS AND COMMUNICATIONS

“Forum” means a one-to-one chat area, chat and streaming services, message board, instant messaging, mobile messaging with other mobile game and mobile application users or e-mail function (including, but not limited to, electronic greeting cards) offered as part of any Services. If you participate in any Forum within the Services, you agree to follow our terms set forth below.

You acknowledge that anything you submit under the Services by way of any Forum is routed through our servers. Please keep in mind that whenever you give out personal information online, for example, via message boards or chat, that information can be collected and used by people you don’t know. We are not able to guarantee the security of any information you disclose online; you make such disclosures at your own risk.

You acknowledge that engaging in any form of illegal or abusive communication, either directly or indirectly, within the Forum or within any communication tools in the Services, is strictly prohibited. This includes sharing links that lead to unlawful or abusive content. If any illegal content is shared, and a complaint is lodged with us, or if we detect such behavior, the relevant content will be promptly removed, and the necessary reporting procedures to the appropriate authorities will be initiated. It is important to note that in this context, we reserve the right to (i) monitor the Forum and any communication tools in the Services; (ii) report any suspected illegal activities to law enforcement or relevant authorities; and (iii) ban or deactivate any user believed to be using the Services in violation of these terms.

You acknowledge that Maglev Games shall not be held responsible for any unlawful chats, messaging, and similar communication content in the Forum and any communication tools within the scope of the Services, and primary responsibility for the communications conducted on the Forum and any communication tools in the Services solely belongs to you.

If you become aware of any unlawful content during the use of the Forum or any communication tool in the Services, you can report this matter by opening a help ticket directly in-game via the help section or contact Maglev Games at info@Maglevgames.com.

TRADEMARK

Unlawful use of our trademarks or service marks is strictly prohibited. Such trademarks and service marks shall include, but are not limited to: “Maglev Games” and “Cube Quest 3D”.

DISPUTES AND GOVERNING LAW

If a dispute arises between you and Maglev Games, Maglev Games strongly encourages you to first contact Maglev Games directly to seek a resolution by opening a help ticket directly in-game via the help section or by contacting Maglev Games at  help@maglevgames.com. 

Mandatory Informal Dispute Resolution

If you have any claim, controversy or other dispute arising out of or relating to this Agreement, our Privacy Policy, or your access to or use of the Sites and Services (a “Dispute”), prior to filing any claim in any forum, you agree to first send a detailed notice (“Notice“) to Maglev Games by: (i) email at legal@ MaglevGamest.com and (ii) first class, certified mail addressed to Maglev Games, LLC.  Attn: Chief Legal Officer, 13100 Wortham Center Drive, 3rd Floor Suite 1044, Houston, TX  77065. Your Notice must contain all of the following information: (i) your full name; (ii) your address, telephone number, and email address associated with your Account; (iii) information sufficient for us to identify any transaction, product, or services at issue; and (iv) a detailed description of your Dispute, the nature and basis of your claim(s), and the nature and basis of the relief you are seeking with a calculation for it, and (v) your personal signature. If Maglev Games has a Dispute with you, we agree to first send a detailed Notice to your email address listed for your Account or via any other contact information you have made available to us. Our Notice will likewise set forth: (i) information sufficient for you to identify any transaction at issue; and (ii) a detailed description of our dispute, the nature, and basis of our claims and any relief we are seeking. Your Notice must be individualized, meaning it can concern only your dispute and no other person’s dispute.

You and Maglev Games agree to negotiate in good faith about the Dispute in an effort to swiftly resolve it without the need for a formal proceeding. If requested by us, you and we agree to personally meet and confer, via videoconference, in a good-faith effort to resolve any claim covered by this Agreement. For sake of clarification only, this conference shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal dispute resolution conference, unless mutually agreed by the parties. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference.

If for some reason this process does not resolve the Dispute within sixty (60) days after receipt of a fully completed Notice and the parties have not agreed to extend this time period, you or we may initiate an arbitration. You and we agree that compliance with and completion of this mandatory informal dispute resolution is a condition precedent to filing any demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal process. Unless prohibited by applicable law, the arbitration administrator shall not move forward with the administration of any demand upon written notice from us that the other party has not complied with the informal process. A court shall have the authority to enjoin the filing or prosecution of arbitrations without the demanding party first providing a fully completed Notice and participating in good faith in this informal dispute resolution process. If we and you are not able to resolve the Dispute informally, then the below dispute resolution provisions will govern any Dispute. If you live outside of the United States, some mandatory provisions of your local consumer protection law, if any exist, may also apply to the Dispute.

Dispute Resolution

You or we can bring claims in your local “small claims” court, if the rules of that court will allow it. If you don’t bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. In the event that a Dispute is nor resolved pursuant to the above mandatory informal dispute resolution process or in small claims court, you and we agree that any Dispute will be settled by binding arbitration in accordance with the dispute resolution provisions detailed in this section. You and we both agree to waive the right to a trial by jury.  Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Any arbitration under this Agreement will be only on an individual basis; you agree that class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted. In other words, you waive your right to bring a lawsuit against us in court (other than small claims court), and you waive your right to participate in a class action against us. Further, unless you and we agree otherwise in writing, the arbitrator in any Dispute may not consolidate more than one person’s claims and may not preside over any form of class action proceeding.

Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. If any provision of this agreement to arbitration is unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).

Should the arbitrator determine that your claim is frivolous, we may seek to recover from you any arbitration fees paid by us and our attorney’s fees. Similarly, if you prevail on any claim for which you are legally entitled to recover attorney’s fees, you may recover those fees from us.

All disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by JAMS (www.jamsadr.org) according to this provision and the applicable arbitration rules for that forum. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. The Demand must describe the nature and basis for the claim and include all of the information required in the Notice. Arbitration hearings will take place through videoconferencing by default. If you and we agree in writing to an in-person arbitration, the arbitration hearings will occur in Houston, Texas, or another mutually agreeable location. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized by law. Any award of damages by an arbitrator must be consistent with the Disclaimer of Warranties and Limitations of Liability sections set forth in this Agreement, except as otherwise provided by applicable federal, state, or local law. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. For purposes of this arbitration provision, references to you and us also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Sites and Services.

Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state or federal courts for Houston, Texas. You irrevocably consent to the personal and exclusive jurisdiction of, and venue in, such courts, and waive any objection to any proceedings brought in any such court.

Each party’s responsibility to pay the arbitration filing, administrative and arbitrator fees are set forth in the JAMS rules. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim, or defense that is groundless in fact or law, brought in bad faith, or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the JAMS rules.

You agree that all disputes between you and Maglev Games shall be governed by the laws of the State of Texas in the United States of America without regard to conflict of law provisions.

Notice to Florida Users

The Florida Consumer Collection Practices Act (FCCPA) may apply to you. By accessing or using the Sites or Services, you consent, for purposes of the FCCPA, that Maglev Games can contact you by email, text or other electronic communication at any time of day, including after 9:00 pm or before 8:00 am.

Notice for California Users

California Civil Code Section 1789.3 may apply to California users of the Sites and Services. The Sites and Services are provided by Maglev Games LLC, 13100 Wortham Center Drive, 3rd Floor Suite 1044, Houston, TX  77065, telephone number (310) 452-4512. If you have a question or complaint regarding the Sites or Services, please contact us at legal@MaglevGames.com. California residents may reach the Consumer Assistance Unit of the Consumer Information Division of the California Department of Consumer Affairs, which may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or hearing-impaired persons may dial 711, 1-800-735-2929 (TTY), or 1-800-735-2922 (Voice) for California Relay Service.

Privacy Policy

To learn about our collection and use of your information, read our Privacy Policy here.

GENERAL PROVISONS:
SEVERABILITY

If, for whatever reason, a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.

MODIFICATIONS

Maglev Games may, in its sole discretion and without prior notice, (a) revise  this Agreement; (b) modify the Sites and/or the Services; and (c) discontinue the Sites and/or Services at any time. We shall post any revision to  this Agreement to the Sites, and the revision shall be effective immediately on such posting. You agree to review this Agreement and other online policies posted on the Sites periodically to be aware of any revisions.

ASSIGNMENT

Maglev Games may assign or delegate  this Agreement, in whole or in part, to any person or entity at any time with or without your approval. You may not assign and/or delegate any of the rights or obligations you have under  this Agreement unless you obtain Maglev Games’s prior written approval. Any such assignment and/or delegation without Maglev Games’s prior written approval is ineffective and in violation of  this Agreement.

FORCE MAJEURE

Maglev Games shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Maglev Games, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Maglev Games’ control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, pandemic, energy, labor or materials.

SURVIVAL

In addition to other provisions that, by their terms, survive any termination of your Account,  or the Services, the following Sections shall survive any such termination: Ownership, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution, and General Provisions.

SUPPLEMENTAL TERMS

Supplemental terms may apply to certain Services, such as forums, contests, or loyalty programs (including subscriptions or VIP experiences). Supplemental terms will be disclosed to you in connection with the applicable Service(s). Those supplemental terms are in addition to and shall be deemed a part of  this Agreement for purposes of the applicable Service(s), and your right to use such features is subject to those supplemental terms.

ENTIRE AGREEMENT

This Agreement, including any additional policies and documents referenced in this Agreement, are the entire agreement between you and Maglev Games. They supersede all prior understandings between you and Maglev Games, regardless of the medium (oral, written electronic) and practice (custom, policy, course of business, precedent) by which such understandings were communicated.

NO WAIVER

Any failure of Maglev Games to enforce any right or provision in  this Agreement shall not constitute a waiver or relinquishment of such right or provision unless acknowledged and agreed to by us in writing. The express waiver by Maglev Games of any provision, condition, or requirement of  this Agreement will not constitute a waiver of any future obligation to comply with such provision, condition, or requirement. Except as expressly and specifically set forth in  this Agreement, no representations, statements, consents, waivers, or other acts or omissions by Maglev Games will be deemed a modification of this Agreement or legally binding, unless documented in physical writing, hand signed by both you and a duly appointed officer of Maglev Games.

NOTICES

We may give notice to you via: (i) postings on the Services; (ii) email, telephone, or text message to any email address or phone number associated with your Account; or (iii) written communication sent by mail to any address associated with your Account. All notices given by you or required from you under  this Agreement must be in writing and addressed to Maglev Games, LLC.  Attn: Chief Legal Officer, 13100 Wortham Center Drive, 3rd Floor Suite 1044, Houston, TX  77065 or emailed to legal@MaglevGames.com. Any notices that you provide without compliance with this subsection will have no legal effect.

BY ACCESSING ORUSING THE SITES AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT.

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© 2024 Maglev Industries, LLC. All Rights Reserved.

13100 WORTHAM CENTER DRIVE

3RD FLOOR, SUITE 1045

HOUSTON, TEXAS  77065