Acceptance of Terms-of-Use

Welcome to MagApe. This website is operated by MagApe, by accessing this website and all other MagApe services and operations, you are accepting the terms and conditions stated in this document. You agree to be bound to the stated terms and the exclusion of all other terms and that we may amend these terms and conditions from time to time. If you do not agree unconditionally to these terms, please do not use our services and platforms. You should read these general terms and conditions of use carefully before using any of our sites, games and/or software (collectively the MagApe platforms) and its affiliates (If any).

Privacy

Your privacy is important to MagApe and we have put in place the MagApe Privacy Policy, which is incorporated herein by reference, to explain our privacy practices in detail. Please review the MagApe Privacy Policy to understand how MagApe collects and uses the information associated with your MagApe Account and/or your use of the MagApe Services. By accessing or using the MagApe Services and agreeing to these T&Cs, you agree to be bound by the MagApe Privacy Policy and consent to MagApe's collection, use, disclosure, processing and/or transfer of your personal data and content as described in the MagApe Privacy Policy.

Account

Some functions of the MagApe Services require registration for an MagApe Account by selecting a unique user identification ("User ID") and password, and by providing certain personal information. If you select a User ID that MagApe, in its sole discretion, finds offensive or inappropriate, MagApe has the right to suspend or terminate your MagApe Account.

You should be responsible for the security of your User ID and password, and it is recommended that you change your password periodically to prevent unauthorized usage or theft of passwords by third parties.

Your MagApe Account is non-transferable and for your personal use only. You may not authorize any third parties to access or use your MagApe Account for any purpose whatsoever or try to transfer your MagApe Account to any third party in any manner whatsoever.

You agree to (i) keep your password confidential and use only your User ID and password when logging in, (ii) ensure that you log out from your MagApe Account at the end of each session, (iii) immediately notify MagApe of any unauthorized use of your User ID and/or password or any other breach of security or non-compliance with these T&Cs or applicable laws, and (iv) ensure that your MagApe Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and MagApe Account even if such activities or uses were not committed by you. MagApe will not be liable for any loss or damage arising from any unauthorized use of your User ID, password, or MagApe Account or your failure to comply with these T&Cs.

You agree that MagApe may for any reason, in its sole discretion and without notice or liability to you or any third party, immediately terminate your MagApe Account and your User ID. Use of an MagApe Account for illegal, fraudulent, harassing, defamatory, threatening, or abusive purposes may be referred to law enforcement authorities without notice to you.

MagApe shall not be responsible for the security of any information transmitted to, from, or through the MagApe Platforms.

Payments and Refunds

The fees payable for the MagApe Services are as set out on the MagApe Platforms, and may be amended from time to time at MagApe's sole discretion. Any such updated fees and charges will apply prospectively to any subscriptions/renewals that take place following the effective date of such updated fees. MagApe will notify you should such change in fees and charges apply to your subscription. Your continued use of the MagApe Services (e.g. you do not terminate your MagApe Account before such effective date) shall be deemed as acceptance of the new fees and charges.

All subscriptions/renewals shall be non-reversible and non-refundable, regardless of whether they were unauthorised (due to theft or unauthorised usage), transacted without your knowledge or consent, or transacted by mistake. You are liable for all charges and payments for all MagApe Services procured or obtained through the MagApe Platforms.

All payments for the MagApe Services shall be paid: without any set-off, condition, or counterclaim; net of any tax levied on the provision of the MagApe Services (save for corporate income tax); and free and clear of all deductions or withholdings.

If any tax is levied, or any deduction or withholding is required, by law in respect of the provision of any MagApe Services, you shall pay such additional amount as will, after provision for such tax, deduction or withholding has been made, leave MagApe with the full amount which would have been received by it had no such provision for such tax, deduction or withholding had been required to be made.

In the absence of fraud or manifest error, all our records relating to the MagApe Services are conclusive evidence of the accuracy, completeness, and truth of all matters stated in them.

The MagApe Platforms engage the use of third party escrow and payment agent(s) to collect the fees and charges payable for our products and services (the "Payment Agent").

All MagApe Users agree to use and allow the Payment Agent to automatically process their credit card in an amount equal to the cost of the subscription/renewal as reflected on the MagApe Platforms at the time of subscription/renewal, and to remit the relevant fees and charges to MagApe.

In the event that there is a failure to process such payments by the Payment Agent and we do not receive any payments or receive incomplete payments, MagApe shall not be obliged to provide any MagApe Services to you. In the event that MagApe notices such incomplete/bounced payments, MagApe may notify you. However, it is your responsibility as a MagApe User to contact us at [email protected] should you suspect any issues with the processing of your subscription/renewal.

In the event of any refund to a MagApe User, all MagApe Users hereby authorise the Payment Agent to refund such relevant amounts directly to such MagApe User's credit card.

Should you have any queries pertaining to the fees, charges, payments, tips, or refunds, you may contact us at [email protected]

Ownership of Intellectual Property

Unless otherwise specified in writing, all materials that are part of the MagApe Platforms (including without limitation any animations, artwork, audio-visual effects, catch phrases, character names, character profile information, characters, computer code, concepts, dialogue, documentation, game titles, games, graphics, illustrations, images, methods of operation, moral rights, musical compositions, objects, photographs, sounds, stories, text and themes) are owned, controlled or licensed by us and are protected by law from unauthorised use. All contents of the MagApe Platforms are protected by international copyright laws. "MagApe" and all names and logos of the MagApe Platforms or games published by us are trademarks owned by us and may not be used without our express written consent. We reserve all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the MagApe Platforms. All trademarks not owned by us that appear in the MagApe Platforms are their respective owners' property, who may or may not be affiliated with, connected to, or sponsored by us.

You do not acquire any of our ownership rights by using the MagApe Platforms, downloading material from or uploading material to the MagApe Platforms, or by purchasing any virtual goods therein.

You shall comply with all trademark rules, copyright notices, information and restrictions contained in any content accessed through the MagApe Platforms. You agree not to broadcast, copy, create derivative works based on, display, license, modify, participate in the transfer or sale of, perform, publish, redistribute, reproduce, translate, transmit, upload or otherwise exploit for any purposes whatsoever any content or material from the MagApe Platforms, except as expressly permitted herein, without our express prior written consent.

Purchase Limitations

Not all persons are permitted to participate in the purchase of the Virtual Currencies. Please also be aware of the rules and regulations of the country in which you reside, of which you are a citizen, or in which you have tax residency, as such country or territory may not permit you to invest in cryptocurrencies of any kind and/or particularly the initial coin offerings of cryptocurrencies.

The Virtual Currencies are only intended for sophisticated purchasers who are knowledgeable and experienced in cryptocurrencies and blockchain technologies and protocols. By purchasing, holding, or using the Virtual Currencies, you acknowledge that transactions using cryptocurrencies (including cryptographic tokens) may be inherently unstable and you agree to accept all risks in connection therewith, and agree that MagApe is not liable for any loss that you may suffer or incur, and further acknowledge, accept and assume the risks discussed in these T&Cs.

The Virtual Currencies are intended to be marketed, offered and sold to persons only in those jurisdictions and to those persons where and to whom they lawfully may be offered for sale and for use.

The marketing, issuance, offering and sale of the Virtual Currencies is expressly being made in the Permitted Jurisdictions on the basis that the Virtual Currencies do not constitute a security, financial instrument or other regulated investment or financial product in those jurisdictions such that a prospectus or other disclosure requirements and other investor safeguards and regulatory documents or licensing that are typically required in connection with a securities offering will not apply to the marketing, issuance, offering and sale of the Virtual Currencies in the Permitted.

Jurisdictions in relation to the marketing, issuance, offering and sale of the Virtual Currencies. The Virtual Currencies do not represent a stock, commodity or any other investment instrument. The Virtual Currencies are not securities and shall not in any case be considered as such and the offer of the Virtual Currencies has not been registered with any government entity or regulatory authority. You acknowledge and agree that the Virtual Currencies do not represent any share, stake, debt or security or equivalent rights in MagApe. Holders of the Virtual Currencies are only entitled to a limited and functional right to use them: (A) in connection with the MagApe Platforms if they are successfully developed and/or operated in accordance with these T&Cs; and (B) in the event MagApe permits the Virtual Currencies to be used as in-service crypto-currency for third party websites, platforms, services or networks, as set forth and in accordance with the policies of such third party websites, platforms, services or networks. MagApe reserves the right to cancel any purchase of the Virtual Currencies at any time in MagApe's sole discretion and without prior notice and without any liability or further obligation of any kind whatsoever to you or any other party, in the event MagApe finds such measures reasonable and/or necessary in a particular situation, including, but not limited to, change of regulatory requirements, or upon suspicion or detection that you do not primarily reside or are not domiciled in a Permitted Jurisdiction or are engaged in fraud.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

Third-Party Links

Certain content, products and Services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (i) to spam or phish; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimer of Warranties; Limitation of Liability

MagApe acknowledges that certain games and their content may be prohibited in certain countries or regions. Users are solely responsible for ensuring that they comply with the laws and regulations of their respective jurisdictions. MagApe shall not be held liable for any consequences arising from users accessing or playing prohibited games on its platform.

Users understand and agree that the decision to play games on MagApe's platform is entirely at their own discretion. MagApe does not endorse or guarantee the suitability, safety, or legality of any games available on its platform. Users are advised to exercise caution and judgement when selecting and playing games.

MagApe shall not be held liable for any distress, harm, physical injury, or any other form of damage, whether monetary or non-monetary, incurred by users while playing games on its platform. This includes but is not limited to, loss of data, loss of profits, or any indirect, incidental, consequential, special, or punitive damages.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied.

In no case shall MagApe, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless MagApe and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party in any country.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Changes To Terms Of Service

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.