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Terms & Conditions

The purpose of these terms (the “Terms”) is to stipulate rights, obligations, responsibilities and other necessary matters between Muza Games Ltd. and its affiliates (“Muza”, “we”, “us” or “our”) and the user in relation to the access to, use of our games, features, content, and services to users via mobile applications (the “Services”) under a legally binding contract.
 

Before accessing and using our Services, please carefully read the Terms and ensure you have the right, authority and capacity of entering into an agreement with us. By installing, using, or otherwise accessing our Services, you confirm your agreement to the Terms.

We may revise the Terms from time to time. If we revise the Terms, we will notify you by posting a notice. The revised Terms will be effective as of the effective date as announced or informed. If you continue using our Services after such a revision, you are deemed to have agreed with the revised Terms.

1. Application and Scope

We provide users with the following Services:

  • Games, features, content and contests;

  • Customer services;

  • Other services offered by us from time to time.

Some of the Services are provided free of charge and users may choose to pay fees for certain functions and features of the Services.

1.1 Eligibility for Using Services

The Services are designed and provided to users of various age groups and please see the instructions for eligibility when downloading and using a specific Service. If you are between the ages of 13 and 18 (or the relevant age defined as a minor in your jurisdiction), you should seek the authorization of your parents or legal guardians before using our Services.

If parents or legal guardians consider that the Services are not suitable for their children, please contact us at support@muza.games and we will respond to your requests and take actions we consider appropriate.

1.2 Limited License and Restrictions

Subject to your agreement and continued compliance with the Terms, upon installing and using our Services, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license for your own non-commercial entertainment use. You hereby acknowledge that no title or ownership of our Services is being transferred or assigned to you, and the Terms are not to be construed as a sale of any rights to our Services.

You agree not to use our Services for any other commercial purposes, such as advertising, soliciting, or sending commercial ads like chain letters, spam, etc. You also agree to comply with all applicable laws, regulations, and the Terms when accessing or using the Services.

Any rights not expressly granted herein are reserved by us and our licensors. This includes the right to determine whether one's conduct violates the Terms and to take any action we deem appropriate in accordance with the Terms, to the fullest extent permitted by law.

2. User Account

You can access basic Services as a guest without registering. To access additional features and save your game progress, you may register and create an account. Creating an account requires you to provide us with certain information about yourself. By registering to the Services, you agree to provide true and accurate information about yourself as required for use of the Services. You may create multiple accounts using different login credentials (different email addresses or Facebook accounts), with each account maintaining separate game progress.

When you create your account, you will need to provide certain information which may involve:

  •  A unique username and password;

  • Contact information, such as your email address or facebook username; 

  •  Profile picture;

 

  • Any other information we request on the account registration form.

You are  responsible for keeping your account secure and must not share your credentials with anyone. Please notify us immediately if you suspect unauthorized access. You remain  liable for all actions taken with  your account,  whether  by you or  unauthorized third parties. Your account is non-transferable and  may not be shared with others. 

If you use a third-party account (such as a Facebook account) to log in to our Services, please follow the applicable terms provided by the third party. You can access Facebook’s Terms of Service at: https://www.facebook.com/terms?locale=en_US.

By creating an account and using our Services, you acknowledge and agree that certain profile information you provide may be displayed to other players within the Services. This may include your username, profile picture, game statistics, achievements, and other gameplay-related information. You can control the visibility of some information through your account settings. We will not display sensitive personal information such as your real name, email address, or payment information to other players.

3. Purchase and Refunds

Users may pay fees for certain functions and features of the Services, including ads-free services. By completing such a purchase, you obtain a limited, personal, non-transferable, non-sublicensable, revocable license to use certain functions and features. These purchases can only be made by entering your App marketplace password and are subject to the payment terms and conditions of the App marketplace from which you make the purchase. You are responsible for maintaining the security of this password and complying with the applicable terms provided by the App marketplace. The minor shall not make purchases without the consent of his/her parents or legal guardians.

If users consider that fees should be refunded under exceptional circumstances, please contact us and we will consider the request on a case-by-case basis.

4. Users’ Conduct

Users shall use the Services in a lawful, fair and reasonable manner. In using the Services, users may not:

  • interfere with, damage or disrupt any part of our Services;

  • transmit or upload viruses and harmful programs;

  • copy, reproduce or sell any part of our Services;

  • reverse engineer, modify, or extract data from the Services; and

  • infringe the intellectual property rights and legitimate interests of any person.

5. Third-party Links and Services

The Services may include links to third-party websites, plug-ins and applications. Clicking on those links may allow users to visit the websites and applications of third parties. Use of third-party websites, services and products will be governed by the terms of service between users and third parties, and we assume no responsibility for the use of third-party websites, services and products.

Users should read the terms of service and the privacy policies on third-party websites and applications to know the rights and obligations between the users and the third-parties, as well as how they collect and use personal data of users.

6. Virtual items. 

Our Services may include virtual in-game currency or collectables, including but not limited to virtual coins, points, credits, bonuses or chips for you to purchase and use in the Apps (“Virtual Items”). Virtual Items are licensed to you by Us for your personal use through the Services.  When you purchase Virtual Items, you may be required to pay a fee using “real world” money. Virtual Items  can never be redeemed or cashed out for “real world” money, goods, or any other item of monetary value from Muza or any other party. You  have no ownership rights  in  Virtual Items.  Your purchase of Virtual Items is final, non-transferable, and non-refundable, except in Muza’s sole discretion. You may not transfer, sell, exchange, or trade Virtual Items outside the Services. 

Any unauthorized transfer of Virtual Items violates these Terms and may result in termination of your account and legal action.  We retain the right to manage, regulate, control, modify or eliminate Virtual Items at our sole discretion, with no liability to you.  Prices and availability of Virtual Items are subject to change without notice. 

 All Virtual Items are forfeited  if your account is terminated or suspended for any reason,  or if the Services are no longer available. No refund will be granted for forfeited Virtual Items. 

7 . Intellectual Property Rights

All intellectual property rights, including trademarks, patents, copyrights and other kinds of intellectual property rights, whether registrable or not, in relation to all the trade or business names, domain names, logos, content, layout, text and graphics, source codes, algorithms, software, database, applications, content and information of our Services are protected by current laws and related international treaties and are legally owned or acquired by us.

8. Disclaimer and Limitation of Liability

Users acknowledge and understand that:

  • You use the Services under your own responsibility and assume the risk yourself. To the extent permitted by applicable law, we do not take responsibility for losses incurred without the company’s fault as follows: (1) your violation of the Terms; (2) losses from using the Services in a way they are not designed or purposed; (3) losses of profits, revenues, or indirect, special, consequential, or punitive damages; (4) losses incurred by using Services or caused by a third party; (5) losses incurred by a reason imputable to you; (6) other losses incurred from a reason that is not imputable to us of its intention or fault.

  • We cannot guarantee a 100% safe operating environment, and we assume no liability of whatsoever nature arising out of any failure, interruption and discontinuance of the Services due to the limitation of internet communication technologies and events of force majeure, attacks, viruses, worms and malicious codes, system vulnerability, failure of third-party services and other factors which are beyond the control of us.

  • Unless otherwise provided in the terms and conditions of the relevant products or services, under no circumstances shall we be held liable for any delay or failure or disruption of the content or the services resulting directly or indirectly from acts of nature, forces or causes be yond our reasonable control.

9. Personal Data Protection

We highly value your privacy and take reasonable measures to protect your personal data. Please refer to our [link to privacy policy] for information on how we collect, use and share your data.

10. Indemnity

Users shall defend and indemnify us and our affiliates, directors, officers, employees, and users against all liabilities, damages, losses, costs, fees (including legal fees) and expenses relating to claims arising from or in connection with the violation of the Terms by users.

Users shall be liable for and shall indemnify us and any third parties for any losses resulting from violation of these Terms. If a third party seeks damages from us because of users' illegal actions or violation of the Terms, users must defend us and hold us harmless from any liability. If we are not held harmless, users are responsible for compensating us for all losses incurred.

11. Termination

Users may stop using the Services at any time with or without notice. We may terminate the Terms if:

  • users violate the Terms.

  • the Services are no longer available to users.

We reserves the right to determine, in our sole and absolute discretion, whether there has been a breach of the Terms. When a breach has occurred, we may take such action as we deem appropriate.

12. Governing Law and Dispute Resolution

The Terms shall be governed and construed by the laws of the State of Israel. If you have any concerns or issues you can contact us at support@muza.games, and we will endeavor to resolve disputes with users under the Terms through amicable consultation. If a dispute cannot be resolved through consultation within 30 days, either party may submit the dispute for arbitration in Tel Aviv, Israel, in accordance with the Rules of the Israeli Institute of Commercial Arbitration. The language of the arbitration shall be English. The arbitral award shall be final and binding upon you and us.

If you are a resident in the EU, if and only to the extent that you act as a consumer within the meaning of local mandatory consumer law, the following will apply:

  • Consumers with habitual residence in the European Union are, according to mandatory consumer law, subject to the laws of their respective place of residence and may bring claims in front of the local courts of their respective place of residence.

  • The European Commission provides an online dispute resolution platform (“ODR platform”). The ODR platform is designed to help consumers and businesses to reach an out-of-court settlement in case of problems. The ODR platform can be accessed via the link: https://ec.europa.eu/consumers/odr. We are not obligated to and do not participate in alternative dispute resolution procedures before an alternative dispute resolution entity for consumers.

If you are a resident in the US, you agree to resolve all disputes and claims between us on an individual basis through binding arbitration. You or we may bring an arbitration at any American Arbitration Association (“AAA”) location within the US. The US Federal Arbitration Act and federal arbitration law applies, and the arbitration will be governed by the AAA under its Commercial Arbitration Rules and, where applicable, its Consumer Arbitration Rules (available at http://www.adr.org).

To the maximum extent permitted by the applicable national or state law, you and we agree not under any circumstances to bring or participate in a class or representative action, private attorney general action or collective arbitration.

13. Class Action Waiver

Class Action and Collective Arbitration Waiver.

Regardless of your County of Residence or the rules of a given arbitration forum, you and us agree that the arbitration of any dispute shall proceed on an individual basis, and neither you nor us may bring a claim as a part of a class, group, collective, coordinated, consolidated or mass arbitration, to arbitrate or litigate any dispute in a representative capacity, including as a representative member of a class; to litigate or arbitrate a dispute in a private attorney general capacity; or otherwise to seek recovery of losses or damages (whether for yourself or others) incurred by a third party; or to participate in any collective, group, class, or mass arbitration or litigation of disputes (each, a “Collective Arbitration”). In connection with any dispute, any and all such rights are hereby expressly and unconditionally waived. Any challenge to the validity or enforceability of Section 13 will be determined exclusively by the arbitrator. 

Without limiting the generality of the foregoing (and as an illustrative but not exhaustive example), a claim to resolve any dispute against Muza will be deemed a Collective Arbitration if (i) two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and (ii) counsel for the claimants are the same, share fees or coordinate across the arbitrations. “Concurrently” for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.

14. Miscellaneous

  • Headings are for reference purposes only and in no way limit the scope or extent of each section and shall not affect the meaning of the language in each section.

  • Users shall send all the communications and correspondence in writing to support@muza.games.

  • If for any reason any provision of the Terms becomes unenforceable, that provision will be enforced to the maximum extent permitted so as to give effect to the intent of the Terms, and the remainder of the Terms will remain in full force and effect.

  • The Terms may be amended from time to time, and we will notify users by publishing an updated Terms on the websites, mobile applications and channels or portals to which users have access.

  • Users may not assign or transfer any rights and obligations under the Terms without our prior written consent.

We may assign or transfer its rights and obligations under the Terms by publishing a notice on the websites, mobile applications and channels or portals which users have access to.

  • The failure by users or us to enforce any provision of the Terms will not constitute a waiver of future enforcement of that or any other provision.

15. Contact Us

If you have any questions about the Terms, please contact us at: support@muza.games.

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