These terms form a legally binding agreement between you and us. Please take the time to read them carefully. If you do not agree to these terms, do not play the game or access the service.
1.Your Relationship with Us
Welcome to [Magic tower world] (the "Game"), which is provided by ASCENT PATH ENTERPRISES INC. ("we" or "us").
You are reading the terms of service (the "Terms"), which govern the relationship and serve as a legally binding agreement between you and us and set forth the terms and conditions by which you may access and use the Game, the mobile application, the software imbedded therein, the features and functions thereof and our related websites, services, applications, products and content (collectively, the "Services"). Any reference to the "Services" includes a reference to any part of the Services. For purposes of these Terms, "you" "your" "User" or collectively "Users" refer to an individual who registers for an account with us or who otherwise accesses or uses the Services. Our Services are provided to you only for private, non-commercial use.
2.Age and Accepting the Terms
Access to certain Services or features of the Services may be subject to age restrictions and not available to all users of the Services. The Services are only for users【17】years old and over (with additional limits that may be set forth in the Supplemental Terms – Notice regarding Google Play). By accessing or using our Services, you confirm that you are over【17】and can form a binding contract with our, that you accept these Terms and that you agree to comply with them. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.
If you are over【17】but under the legal age to enter into a contract in your jurisdiction, your parents or legal guardian must read and agree to these Terms. If you do not have consent from your parents or legal guardians, you must cease accessing or using the Services. If we learn that someone under the relevant age is using the Services, we will terminate access to the Service for such user.
You should print off or save a local copy of the Terms for your records.
3.Changes to the Terms
We amend these Terms from time to time, to reflect changes to the Services, our users' needs, our business priorities or to reflect changes in law. We will notify all users of any changes to these Terms, such as through a notice in our Game. However, you should also look at the Terms regularly to check for such changes. We will also update the "Last Updated" date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.
4.Your Account with Us
• In some cases, you may use a third party account (e.g., Apple, Facebook, Google, as applicable) ("Third Party Account") to access additional features and functions of the Services. You agree that you are solely responsible (to us and to others) for your access and use of the Services and the activity that occurs under your account.
• Users who access the Services without creating a account or connecting to a Third Party Account (“Guest”) may have limited access to certain features of the Services.
Please note that if you are using a Guest account:
(i) You will not be able to transfer/keep your progress or other information and data in the Game or restore any in-app purchases you have made if you need to reinstall the Game, e.g., if you lose,change or otherwise do not have access to your device;
(ii) All information and data in connection with your use of the Game and Service will be removed and will not be retrievable or recoverable, if you delete the Game from your device;
(iii) We cannot guarantee to recover your account or any data contained therein for you under the above circumstances.
Therefore,we highly recommend you to either create a account or link your account to your Third Party Account in order to secure your game data and progress.
• You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session, (c) immediately notify we of any unauthorized use of your User ID and/or password or any other breach of security or non-compliance with these Terms of Service or applicable laws, and (d) ensure that your account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and account even if such activities or uses were not committed by you. We will not be liable for any loss or damage arising from unauthorized use of your User ID, password, or account or your failure to comply with this section.
• You acknowledge and agree that we have no obligations related to your Third Party Account, and all matters relating to any Third Party Account of yours shall be resolved exclusively by you and the relevant third party.
• If your account is or remains inactive (which means you have not logged into or used your account) for more than 6 months, We has the right to delete or deactivate your account and all Virtual Currency and Virtual Items (as defined below) in your account shall be forfeited and no refunds will be made in respect of the same to the fullest extent authorized by law.
• We reserve the right to suspend or terminate your access to the Services at any time, without any notice to you, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which would or might cause damage to or impair the Services or infringe or violate any third party rights (including intellectual property rights), or violate any applicable laws or regulations. Termination of your account also entails the termination of the license to use the Service, or any part thereof.
5.Virtual Items
During your use of the Service, you may acquire, by purchasing with real-world currency or otherwise, virtual currency, points, coins, tokens, virtual in-Game items (including without limitation downloadable content), achievements, progressions, or access to additional features, level, characters, maps or other content (collectively, "Virtual Items"). Such Virtual can only be used for your own benefit within the Game, are of no monetary value and cannot be redeemed for cash or in-kind, sold or otherwise transferred. All Virtual Items are licensed to you rather than sold to you. You do not own or otherwise have proprietary rights of such Virtual Items. We will provide you the access to the Virtual Items for a period of at least one (1) month from the date of purchase, after which, we may, in our sole discretion at anytime, terminate the Services under the Terms.
All Virtual Items will be deleted or removed from your account when your account is terminated, and will not be retrievable, recoverable or refundable.
6.Fees and Refund
• In some cases, certain portions of the Game may be accessed for free, but in other cases you may be required to pay a fee to access certain features of the Game. If you purchase any paid Virtual Items, you shall make a purchase through the Apple App Store, Google Play store, or certain authorized third party platforms/channels. You agree to provide accurate and complete payment information to Apple or Google. You further agree to pay all fees and taxes incurred by your account. We reserve the right to change the pricing of any paid Virtual Items from time to time as we may determine in our sole discretion. Any change will not affect Virtual Items you have already purchased at the time the change comes into effect.
• We may suspend or cancel any transaction and/or your access to the Services if we (a) do not receive full payment from you within the stipulated due date for payment;(b) identify any abnormal or suspicious transaction or account activities. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and the Services.
• Sales are final and we will not provide a refund unless otherwise required by applicable law. You must follow the applicable refund policy of Apple or Google. Your purchase will be subject to the applicable payment policy of Apple or Google. We may, but are not obligated to assist you with your refund application to Apple or Google.
• Virtual Currency and Virtual Items have no monetary value and have no value outside of the Services. Virtual Currency and Virtual Currency cannot be sold, traded, transferred, redeemed, or otherwise exchanged for cash or other goods or services outside of the Games and Services. Virtual Currency may be only redeemed for Virtual Items or other entitlements available via our Games and Services.
• Unless otherwise provided by applicable law or by the express terms of a Service offer, all purchases for Virtual Currency, Virtual Items or other Services are final and non-refundable. Once you redeem any Virtual Currency for a Virtual Item or other entitlement, that Virtual Item or other entitlement is final and not returnable, exchangeable, or refundable. You may cancel any Services at any time, but all pre-payments and all purchases of any Virtual Currency, Virtual Items or other Services are strictly non-refundable. If you made such a purchase from an authorized third party or otherwise made payment via a third party payment service provider, you may also need to consult those third parties’ respective terms and conditions for additional information regarding their respective policies for refunds.
7.Limited License
• As between you and we, We owns any and all rights, title and interest in and to the Services and any and all data and content made available in and through the Services, including without limitation all software, computer code, tools, patches, updates, images, text, graphics, illustrations, logos, photographs, images, pictures, audio, sound effect, sound recording, videos, visual effect, music, music composition, user account, characters, character name, character profile, character likeness, artifacts, objects, inventories, weapons, map, location, location name, architecture, landscape design, story, storyline, theme, game play, catch phrase, dialogue, chat log, recording and broadcasts of game, matches, battles, duels, in-game items, in-game activities, the selection and arrangement thereof and "look and feel" of the Services, all data and communications occurring through the Services and all intellectual property rights related thereto (the "Game Content").
8.Feedback
While we are continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending us any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively "Feedback"), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that:
• We has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
• Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
• You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
9.Equipment Requirement
To use the Services, you may need certain hardware, software, capabilities and other resources (including a suitable connection to the Internet). You are solely responsible for procuring and maintaining such resources at your own cost.
10.Beta Version, Updates, Interruption and Termination of the Game
• We may make available a beta version of the Game ("Beta Game") prior to an official release of the Game. To the maximum extent permitted by applicable law, the Beta Game is provided for testing on an "as is" and "as available" basis and we make no warranty, expressly or by implication, to you of any kind. You understand and agree that the Beta Game may not operate correctly, the Beta Game may contain defects, and playing the Beta Game is at your own risk. We have no obligations to you with respect to Beta Game, including without limitation any obligation to provide an official version of the Game in the future.
• We may reset the Beta Game, including any in-Game setting (e.g., game character, achievements and inventory items) at anytime during the testing period of the Beta Game. You acknowledge that the change or modification of the Beta Game may cause a loss of data, function or utility related to the Beta Game. You agree that we are not liable to you for such loss to the maximum extent permitted by applicable law. All Virtual Items (including downloadable content) you obtained during your use of the Beta Game will be removed from your account when the Beta Game is reset.
• We may collect additional personal data through the Beta Game that may not be collected in the official release. This personal data may include information about your device and network, account information and user-generated content, your use of the Beta Game, feedback you provide to us, and other data described in our Privacy Policy. This personal data may be used for improving the Beta Game or any other purpose described in our Privacy Policy.
• From time to time, we have the right (but not obligation) to provide updates (patches, new features, etc.) to the Game for free or for a fee. We may require you to download and install the updates or the updated version of the Game to continue to use the Services. You understand that your access to certain features of the Services might be affected by such updates. You also agree that we may use background patching to automatically update our Game and software with or without notice to you. You also understand that such updates may affect the necessary system specification required to play the Game. In such case, you are responsible for any necessary equipment to continue to access the Services.
• You acknowledge that the Service or any part thereof may be interrupted for maintenance or reasons beyond our control, and we cannot guarantee that the Services will not be interrupted. We shall not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever. Additionally, the Service may be unavailable depending on geographic location.
• To the maximum extent permitted by applicable law, we reserve the right to discontinue the Service at any time in our sole discretion, for any reason, or for no reason, with or without notice.
11.Code of Conduct
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:
• access or use the Services if you are not fully able and legally competent to agree to these Terms;
• except as expressly permitted by these Terms or applicable law, make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any software, Virtual Items (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
• distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;
• market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
• use the Services, without our express written consent, for any commercial, political or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
• interfere with or attempt to interfere with the proper working of the Services, disrupt our website (if any) or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
• incorporate the Services or any portion thereof into any other program or product;
• use automated scripts, software, code or systems to collect information from or otherwise interact with the Services;
• impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
• intimidate or harass another User, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• make fraudulent, harassing, defamatory, threatening or abusive behavior or any behavior that is harmful to other Users, third parties, or the business interests or reputation of our or that may otherwise subject game to legal or regulatory action.
• use or attempt to use another User’s account, service or system without authorization from game;
• use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other prohibited form of solicitation; any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance, social security numbers, passport numbers) or credit card numbers; any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person; any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; any material that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; any material that contains a threat of any kind, including threats of physical violence; any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
• provide any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide to other Users;
• restricts or inhibits any other person from using the Services;
We reserve the right, at any time and without prior notice, to remove or disable your access to the Services, including the Game, Game Content and Virtual Items, at our discretion for any reason or no reason. Some of the reasons for which we may remove or disable your access to the Services may include finding that you have violated these Terms, or that your actions are harmful to the Services or our users.
You acknowledge and agree that you have no expectation that your communications made when use the Services (including without limitation text or voice communication) will be private. To the fullest extent permitted by law, we may monitor and/or record your communication when you are using the Services, and you hereby grant an irrevocable, express consent to such monitoring and recording for safety and security purposes.. You acknowledge and agree that you have no expectation of privacy concerning the communications created when you are using the Services.
12.Indemnity
You agree to, at your sole cost, defend, indemnify, and hold harmless we, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, suppliers and advisors from and against any and all claims, liabilities, costs, fines, penalties and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of or in any way connected with any of the following: (i) a breach by you or any user of your account of any applicable obligation, representation or warranty under these Terms; (ii) our use, non-use or publication of your Feedback infringes any third party intellectual property rights; (iii) your access to or use of, activities in connection with, or the actual or threatened termination of your access to the Services; (iv) your violation of any applicable laws, rules, regulations or contracts; or (v) any misrepresentation made by you (all of the foregoing, "Claims and Losses"). You will cooperate as fully required by us in the defense of any Claims and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses at our own cost. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of the indemnified party.
13.Privacy Policy
You also acknowledge and agree to our Privacy Policy, which also applies to your use of our Services. For information on how we may use your personal data when you use the Services, please refer to our Privacy Policy. Our Privacy Policy can be found directly on the Services, or where the Game is made available for download and are incorporated herein by reference.
14. Governing Law
These Terms of Use shall be governed by the law of Tennessee US.
15.Copyright Claims
If you believe that anything on the Service infringes upon any copyright which you own or control, you may file a notification of such infringement to the contact information set below:
[ASCENT PATH ENTERPRISES INC]
[800 S. Gay Street Suite 700 Knoxville Tennessee 37929]
[support@ascentpathenterprises.com]