MAD STUDIOS TERMS OF SERVICE

This Terms of Service (“Terms”) is a legally binding agreement that governs your use of the games and applications offered by MAD Studios s.r.o. (“MAD”) and accessed through third party web sites (collectively, the “Service”). By using or accessing the Service, you agree to be bound by these Terms.

• Access to MAD Service
  • Subject to your acceptance of these Terms, MAD grants to you a non-exclusive, non-transferable, revocable limited license to use and display the Service and related software (excluding source and object code) for your personal (or household) non-commercial use by any machine(s) of which you are the primary user. You agree not to use the Service for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in this agreement.
  • MAD Reserves the right to change these Terms in any way and at any time. However, no amendment to these Terms shall apply to a dispute of which MAD had actual notice on the date of amendment.
  • We will notify you of any modifications to these Terms with one or both of the following methods: 1) we will post any modifications on MAD applications. You agree that you will, 1) periodically check for updates to these Terms
  • MAD reserves the right discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability.
  • You agree to be bound by any application or game specific rules published within the Service.
  • Your use of the Service is conditioned upon your compliance with these Terms and any use of the Service in violation of these Terms will be regarded as an infringement of MAD’s copyrights in and to the Service. MAD reserves the right to terminate your access to the service without notice if you violate these Terms.
  • You represent that you are 13 years old or older. Additionally, if you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to the Terms.
• Ownership of Intellectual Property
  • Unless otherwise specified in writing, all materials that are part of the Service are owned, controlled, or licensed by MAD and are protected by law from unauthorized use. The entire contents of the Service are copyrighted under the Slovakia copyright laws and/or similar laws of other jurisdictions. MAD, the MAD logos, and all game names are trademarks of MAD and may not be used without the express written permission of MAD.
  • You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any virtual goods.
  • You agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of MAD.
  • All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to MAD in connection with the use of the Service shall be the exclusive property of MAD. You agree that unless otherwise prohibited by law MAD may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.
• In-Game currencies/goods
  • The Service may include a virtual, in-game currency (“Virtual Currency”) including, but not limited to coins, cash, or points, that may be purchased from MAD for “real world” money if you are a legal adult in your country of residence. The Service may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased from MAD for “real world” money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for “real world” money, goods or other items of monetary value from MAD or any other party.
  • Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency in the Service, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service, or any other attributes associated with use of the Service or stored within the Service.
  • MAD has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and MAD shall have no liability to you or anyone for the exercise of such rights.
  • Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Service. Outside of the game, you may not buy or sell any Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from MAD Service and possible legal action.
  • You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Currencies are forfeited if your account is terminated or suspended for any reason, in MAD's sole and absolute discretion, or if MAD discontinues providing the Service.
• User Content
  • The Service may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to MAD and/or to or via the Service, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively "User Content"). Any material you transmit to MAD will be treated as non-confidential and non-proprietary.
  • You agree that your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in these Terms without MAD incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
  • You grant to MAD the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content to which you have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same.
  • MAD has no obligation to monitor or enforce any intellectual property rights that may be associated with your User Content, but MAD does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf.
  • MAD has no obligation to accept, display, review, monitor, or maintain any User Content. We have the right to delete User Content from the Service without notice for any reason at any time. MAD may move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice to you and without liability; provided, however, that MAD reserves the right to treat User Content as content stored at the direction of users for which MAD will not exercise editorial control except to enforce the rights of third parties and the Content Restrictions set forth below when violations are brought to MAD's attention.
  • You acknowledge that you do not rely on MAD to monitor or edit the Service and that the Service may contain content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.
• Usage Rules
  • As a condition of your use of and access to the Service, you agree to comply with these Usage Rules, which are provided as an example rather than as a limitation, and any application or game specific rules published within the Service.
  • You agree that your use of and conduct on the Service shall be lawful and your User Content will not:
    • include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
    • include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
    • defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;
    • promote violence or describe how to perform a violent act
    • violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity; or
    • be in violation of these Terms or the game rules of conduct (collectively "Content Restrictions").
  • You and your activities on the Service will not:
    • reveal any personal information about another individual, including another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
    • attempt to impersonate any other party;
    • create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications;
    • trick, defraud or mislead MAD and other users, especially in any attempt to learn sensitive account information such as passwords;
    • make improper use of MAD’s support services or submit false reports of abuse or misconduct;
    • engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or other multi-tiered marketing scheme;
    • disparage, tarnish, or otherwise harm, in MAD's opinion, MAD and/or the Service;
    • violate these Terms or any local, state, federal or international law, rule or regulation or any other requirements or restrictions posted by MAD on the Service;
    • disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;
    • upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party's uninterrupted use and enjoyment of the Service and User Content or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Service, the User Content;
    • copy or adapt the Service’s software including but not limited to Flash, PHP, HTML, JavaScript or other code;
    • reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service create to generate web pages or any software or other products or processes accessible through the Service;
    • upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms");
    • except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorized script or other software;
    • cover or obscure any notice, banner or advertisement on the Service;
    • disguise the source of your User Content or other information you submit to the Service or use tools which anonymize your internet protocol address (e.g. anonymous proxy) to access the Service;
    • interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, Collaborative Content or the User Content;
    • sell the Service or any part thereof including but not limited to Virtual Goods or Virtual Currency, user accounts and access to them in exchange for real currency or items of monetary value; or
    • engage in cheating or any other activity deemed by MAD to be in conflict with the spirit or intent of the Service.
  • MAD does not control or endorse the content, messages or information found in User Content portions of the Service or external sites that may be linked to or from the games or their forums and, therefore, MAD specifically disclaims any responsibility with regard thereto.
• Privacy and Protection of Personal Information.
  • MAD respects the privacy of visitors to our game. Information collected from you is subject to the pertinent social network’s policy. By playing the game, you may be granting your social network permission to share your e-mail address and any other personally identifiable information with MAD. Please see MAD’s Privacy Policy at any of MAD apps for more information on the collection and use of your information. You acknowledge and agree that this Privacy Policy, including, but not limited to, the manner in which MAD collects, uses and discloses your personally identifiable information, is incorporated and made part of these Terms. If User does not agree to each and every part of MAD's Privacy Policy, then you should not play the game or submit any personally identifiable information through this game. Questions regarding privacy issues should be directed to MADgames.support (at) gmail.com.
• Disclaimers; Limitations; Waivers of Liability
  • YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO TERMS OF USE WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER MAD NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "MAD PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
  • TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT THE MAD PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE MAD PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE MAD PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
  • UNDER NO CIRCUMSTANCES WILL THE MAD PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID MAD IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
• Indemnification
  • You agree to defend, indemnify and hold harmless the MAD Parties from and against all claims and expenses, including attorneys' fees and costs, arising out of your use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Service.
• Governing Law
  • This Agreement and all aspects of the Service shall be governed by and construed in accordance with the internal laws of Slovakia regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Slovakia, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Slovakia.
  • You acknowledge that the rights granted and obligations made hereunder to MAD are of a unique and irreplaceable nature, the loss of which shall irreparably harm MAD and which cannot be replaced by monetary damages alone so that MAD shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).
  • Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Terms ("Dispute"), you and MAD agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to MAD Studios s.r.o., Brnianska 2, Trencin, Slovakia, ATTENTION: LEGAL DEPARTMENT.