Acceptance
of Terms
The Terms of
Service ("Terms") you are reading are a legally binding agreement
that governs the relationship between Anvio Hungary and yourself
("you") and your use of Anvio Hungary’s products and social games for
the web, mobile or any other applicable devices (the “Service”). By accessing
or using Anvio Hungary’s Services you agree that you have read, understood,
accept and agree to be bound by these Terms. If you do not agree to these
Terms, do not use the Service. In these Terms, “Anvio Hungary” also refers to
its affiliates, which shall mean subsidiaries, parent companies, joint ventures
and other corporate entities under common ownership. We may also refer to Anvio Hungary as "we" or "us". Anvio Hungary is located in Hungary.
As such, as set out in greater detail below, you agree to resolve
all disputes arising from these Terms or the Service in the courts in Hungary.
THE SERVICE
IS STRICTLY FOR AMUSEMENT PURPOSES ONLY. THE SERVICE DOES NOT OFFER REAL MONEY
GAMBLING OR AN OPPORTUNITY TO WIN REAL MONEY OR PRIZES. NO ACTUAL MONEY OR
ANYTHING OF VALUE CAN BE WON PLAYING THE GAMES OFFERED THROUGH THE SERVICE, AND
NO ACTUAL MONEY IS REQUIRED TO PLAY.
Anvio Hungary
reserves the right, in its sole discretion, to revise or modify these Terms,
our Privacy Policy including any other rules related to specific services like
platforms and APIs, applications for mobile devices, forums, contests,
subscriptions or loyalty programs, that we may publish which apply to your use
of those specific services and state they are part of these Terms (“Additional
Terms”) (the Terms, Privacy Policy and Additional Terms collectively shall be
referred to herein as “Anvio Hungary’s Terms”), at any time by posting the
amended Anvio Hungary’s Terms on or within the Service, and you agree to be
bound by such revisions or modifications. Users are responsible for viewing the
Anvio Hungary’s Terms periodically. Your continued use of the Service after a
change or modification of the Anvio Hungary’s Terms has been made will
constitute your acceptance of the revised Anvio Hungary’s Terms. If you do not
agree to Anvio Hungary’s Terms your only remedy is to discontinue your use of
the Service and to cancel any accounts you have created using the Service. If
you use our Service, you must follow all Anvio Hungary’s Terms that may apply.
If you access the Service from a social network or download the Service from
another platform or applications stores, such as but not limited to
Amazon, Windows Phone, Samsung, Yahoo, Apple or Google, you must also comply
with its terms of service/use as well as the Anvio Hungary’s Terms.
You
understand that the Service is evolving. You may be required to accept updates
to the Service, and to Anvio Hungary’s games which you have installed on your
computer or mobile device. You acknowledge that Anvio Hungary may perform these
updates remotely and agree that Anvio Hungary may update the Service with or
without notifying you. You may need to update third party software from time to
time in order to receive the Service and play Anvio Hungary’s games. We reserve
the right, at any time and from time to time, temporarily or permanently, with
or without notice, in whole or in part, to: stop offering and/or supporting the
Service or a particular game or part of the Service; terminate or suspend your
license to use the Service or any part of it; modify or discontinue the
Services; modify or remove any of the information contained in the Services;
limit the Services' availability to any person, geographic area, or
jurisdiction we choose; charge fees in connection with the use of the Services;
modify and/or waive any fees charged in connection with the Services; and/or
offer opportunities to some and all users of the Services. If that happens, Anvio Hungary is not required to provide refunds, benefits or other compensation to
players in connection with discontinued elements of the Service or for virtual
goods previously earned or purchased. You agree that we will not be liable to
you or to any third party for any modification, suspension or discontinuance of
the Services, in whole or in part. Your continued use of the Services after
such changes will indicate your acceptance of such changes in the Services and
in the Anvio Hungary’s Terms.
Anvio Hungary
MAY, IN ITS SOLE DISCRETION LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE
ACCOUNTS OR ACCESS TO THE SERVICE OR ANY PORTION OF IT AND PROHIBIT ACCESS TO
OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE
HOSTED CONTENT AND Anvio Hungary IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR
ANY SUCH LOSSES OR RESULTS.
If you
violate the Anvio Hungary’s Terms or any of the terms of other applications
stores and platforms (such as but not limited to, Amazon, Windows
Phone, Samsung, Yahoo, Apple or Google), Anvio Hungary may take action against
you and reserves the right to issue you a warning regarding the violation or
immediately terminate or permanently suspend any or all accounts you have
created using the Service. You agree that Anvio Hungary does not have to provide
you any notice before terminating or suspending your account(s), but it may
provide such notice in its sole discretion by itself or by any legal
representative thereof. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE
SERVICE INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE
OPERATION OF ANY Anvio Hungary GAME IS A VIOLATION OF Anvio Hungary POLICY AND
MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS APPLICABLE IN YOUR JURISDICTION.
You may not
use the Service if you are under 21 years of age, in which case you must not
create an account or submit any personal information through the Service or to Anvio Hungary. At our sole discretion, we may require proof that you meet this
condition in connection with use of the Services. Failure to comply with this
condition will result in the closing of your Account and the loss of all
Virtual Items (as defined below) acquired through your use of the Services.
Account information
To access or
play our games you must create an account with Anvio Hungary (an “Account). You
may access the Services via the website, your account in a social network, if you are using our mobile Service, an account with the company
that provides your mobile applications, like an Apple account. You may need to
update third party software from time to time to receive the Service and/or
updates and play Anvio Hungary’s games. During the process of creating an
Account to access the Service, you may be required to select a password or to
allow us to access your account information from a social network service
(“Login Information”). The following rules govern the security of your Account
and Login Information. For the purposes of these Terms, references to Account
and Login Information shall include any account information, including user
names, passwords or security questions, whether or not created for the purpose
of using the Service, that are used to access the Service (for example, account
information for a social network service account from which the Service is
accessed):
You shall
not share your Account or Login Information, nor let anyone else access your
Account or do anything else that might jeopardize the security of your Account.
Anvio Hungary will not ask you to reveal your password and will not initiate
contact with you asking for answers to your password security questions;
In the event
you become aware of or reasonably suspect any breach of security, including,
without limitation any loss, theft, or unauthorized disclosure of your Login
Information or unauthorized access to your Account, you must immediately notify
Anvio Hungary and modify your Login Information;
You are
solely responsible for maintaining the confidentiality of the Login
Information, and you will be responsible for all uses of your Login
Information, including purchases, whether or not authorized by you and ensure
that you "log off" or exit from your Account (if applicable) at the
end of each session;
You are
responsible for anything that happens through your Account, whether or not such
actions were taken by you. You therefore acknowledge that your Account may be
terminated if someone else uses it to engage in any activity that violates
these Terms or is otherwise improper or illegal.
You
undertake to monitor your Account to restrict use by minors, and you will deny
access to persons under the age of 21. You accept full responsibility for any
unauthorized use of the Service by minors and you acknowledge that you are
responsible for any use of your credit card or other payment instrument (for
example PayPal) by minors.
You shall
not have more than one Account per platform or social network, at any given
time, and shall not create an Account using a false identity or information, or
on behalf of someone other than yourself.
You shall
not create an Account or use the Service if you are a convicted sex offender.
You shall
not have an Account or use the Service if you have previously been removed by Anvio Hungary or previously been banned from playing any Anvio Hungary game.
You shall
not use the Service if you are located in a country embargoed by the United
States or if you are on the U.S. Treasury Department's list of Specially
Designated Nationals.
You must
provide the equipment (computer, mobile device, tablet, etc.) necessary to
connect to the Service. You are responsible to pay any fees, including Internet
connection or mobile fees, or for data or cellular usage to download and use
the Service.
We are not
liable for any loss or damage arising from your failure to comply with any of
the foregoing obligations.
Anvio Hungary
reserves the right to remove or reclaim any usernames at any time and for any
reason, including but not limited to claims by a third party that a username
violates the third party’s rights.
You
understand that your user ID number, name and profile picture will be publicly
available and that search engines may index your name and profile picture.
Any personal
information you provide to us when creating or updating your Account, which may
include your name, birth date, e-mail address, and, in some cases, payment
information, will be held and used in accordance with Anvio Hungary’s Privacy
Policy (as further detailed below), Additional Terms and any applicable laws.
You agree that you will supply accurate and complete information to us, and
that you will update that information promptly after it changes.
You may stop
using the Service at any time and may request that we stop making active use of
your data at any time by following the instructions in the Privacy Policy.
Unless the local law where you are located requires otherwise, we are not
required to provide refunds, benefits or other compensation if you request
deletion of your Account.
License
Subject to
your agreement and continuing compliance with the Anvio Hungary’s Terms, Anvio Hungary grants you a personal, non-exclusive, non-transferable, non-sub
licensable, revocable, limited scope license to access and use the Service
using a Anvio Hungary supported web browser or mobile device. Use of the Service
shall be solely for your own, private, non-commercial entertainment purposes
and for no other purpose whatsoever. The Anvio Hungary’s Terms do not grant you
or any other party any right, title or interest in the Service or any content
in the Service. You hereby acknowledge that your license to use the Service is
limited by the Anvio Hungary’s Terms, and, if you violate or if, at any point,
you do not agree to any of the Anvio Hungary’s Terms, your license to use the
Service shall immediately terminate, and you shall immediately refrain from
using the Service. If the Service or any part thereof is determined to be
illegal under the laws of the country in which you are situated, you shall not
be granted any license to use the Service, and must refrain from using the
Service.
Account
Termination
Without
limiting any other remedies, Anvio Hungary may refuse access to the Service or
may limit, suspend, modify, delete or terminate your Account without notice for
any reason, including, but not limited to, a suspected violation of the Anvio Hungary’s Terms, illegal or improper use of your Account, or illegal or improper
use of the Services, User Content (as defined below), Anvio Hungary’s games, or Anvio Hungary’s intellectual property as determined by Anvio Hungary in its sole
discretion. You may lose your user name, password and all related information
and files associated with your Account, as a result of Account termination,
without responsibility on the part of Anvio Hungary for any damage that may
result from the foregoing, and Anvio Hungary is under no obligation to
compensate you for any such losses or results. If you have more than one
Account, Anvio Hungary may terminate all of your Accounts.
In addition
to the foregoing, Anvio Hungary may selectively remove, revoke or garnishee
Benefits associated with your Account. "Benefits" mean any benefits,
privileges, items, licensed rights granted, earned, awarded, gifted, provided
to and/or purchased by you to access and/or use online or off-line elements or
features of the Service and/or products, and include but are not limited to
paid and free downloadable content, virtual currency, digital and/or virtual
assets, unlockable content, rights of use tied to unlock keys or codes, serial
codes and/or online authentication of any kind, and in-game achievements. If
your Account, or a particular subscription for the Service associated with your
Account, is terminated, suspended and/or if any Benefits are selectively
removed, revoked or garnisheed from your Account, no refund will be granted, no
Benefits will be credited to you or converted to cash or other forms of
reimbursement, and you will have no further access to your Account or Benefits
associated with your Account or the particular Service.
You acknowledge
that Anvio Hungary is not required to provide you notice before suspending or
terminating your Account or selectively removing, revoking or garnisheeing
Benefits associated with your Account. In the event that Anvio Hungary
terminates your Account, you may not participate in any of the Services again
without Anvio Hungary’s express permission. Anvio Hungary reserves the right to
refuse to keep Accounts for, and provide access to the Service or other
services to, any individual. You may not allow individuals whose Accounts have
been terminated by us to use your Account. If you believe that any action has
been taken against your Account in error, please contact us at: magiccasino@anvio.com or
submit a ticket via the applicable support channel of the game.
WE MAY
DELETE OR TERMINATE ACCOUNTS THAT ARE INACTIVE (I.E., NOT LOGGED INTO) FOR 180
DAYS. IF YOU WANT US TO CANCEL OR DELETE YOUR ACCOUNT, YOU CAN CONTACT US
AT magiccasino@anvio.com OR SUBMIT A TICKET VIA THE APPLICABLE SUPPORT
CHANNEL OF THE GAME.
User Content
You agree
that any content published by you through the Service is done so through the
use of technology and tools provided by Anvio Hungary. You agree that you are
publishing such content willingly and you represent that you own such content,
that you have all rights to publish said content and that the publishing of the
content complies with all applicable laws. You understand and agree that you
may not distribute, sell, transfer or license this content and/or application
in any manner, in any country, or on any social network, or other medium
without the explicit prior written permission of Anvio Hungary. You grant Anvio Hungary the right to act as an agent on your behalf as the Service’s operator.
Any
communications, messages, posts, comments, chats, images, sounds, and all the
material, data, text, graphics, photographs, videos, location information, or
any other content, and their selection and arrangement, uploaded or transmitted
through a Anvio Hungary game, or any other Communication Channel (as defined
below) of the Service by any user, including, but not limited to, your name,
profile picture, voice, likeness, biographical information and game records
("User Content") are subject, whether in whole or in part, to
unlimited worldwide commercial, non-commercial and/or promotional use by Anvio Hungary (as further detailed below). Any text, graphics, photographs, files or
other User Content uploaded by you shall be your sole responsibility and you
hereby agree that you may be held liable for any User Content that you upload,
post or otherwise transmit via the Service. Anvio Hungary shall not bear any
responsibility for any of the abovementioned content, and shall assume no
responsibility for monitoring the Service for inappropriate or illegal content or
conduct. We reserve the right to limit the storage capacity of User Content
that you post on, through or in connection with the Service.
You hereby
grant Anvio Hungary and its affiliates a perpetual and irrevocable (other than
as provided below), worldwide, fully paid-up and royalty free, non-exclusive,
unrestricted, unconditional, unlimited license, including the right to
sublicense, transfer and assign to third parties, and right to copy, print,
host, reproduce, fix, adapt, modify, improve, retitle, translate, reformat,
archive, store, cache or otherwise exploit in any manner, create derivative
works from, manufacture, introduce into circulation, commercialize, publish,
distribute, disclose, sell, resell, license, sublicense, transfer, rent, lease,
transmit, publicly display, publicly perform, or provide access to
electronically, broadcast, communicate to the public by telecommunication,
display, perform, enter into computer memory, and use and practice, in any way
now known or in the future discovered, in any media, at any time, your User
Content as well as all modified and derivative works thereof in connection with
our provision of the Service, including advertising, marketing and promotions
thereof. No credit, approval or compensation is due to you for any such use of
the User Content you may submit. To the extent permitted by applicable laws,
you hereby waive any moral rights you may have in any User Content (like the
right to be identified as the author of the User Content or the right to object
to a certain use of that User Content). The license you grant us to use User
Content (except any content you submit in response to Anvio Hungary promotions
and competitions or any other content specifically solicited by Anvio Hungary)
ends when you delete your User Content or you close your Account unless your
User Content has been shared with others, and they have not deleted it.
However, you understand and accept that removed content may persist in back-up
copies for a reasonable period of time.
By
transmitting or submitting any User Content while using the Service, you
affirm, represent and warrant that such transmission or submission is (a)
accurate and not confidential; (b) not in violation of any applicable laws,
contractual restrictions or other third party rights, and that you have
permission from any third party whose personal information or intellectual
property is comprised in the User Content; (c) free of viruses, adware,
spyware, worms or other malicious code; and (d) you acknowledge and agree that
any of your personal information within such content will at all times be
processed by Anvio Hungary in accordance with its Privacy Policy. You also agree
that the User Content shall not include any indicia identifying any other
person, including, without limitation, celebrities and/or other public or
private figures, living or dead, or that is invasive of a person's privacy.
Further, the User Content shall not include any of the following:
Comments or
other materials that are sexually oriented, explicit or suggestive or exploit
people in a sexual or violent manner;
Comments or
other materials that are violent or derogatory of any ethnic, racial, gender or
religious group;
Comments or
other materials that harass or advocate the harassment of another person;
Comments or
other materials that promote the illegal use of alcohol, drugs, or tobacco,
firearms/weapons or promotes any activities that may be construed as illegal;
Comments or
other materials that are false or misleading or conduct that is abusive, threatening,
obscene, defamatory or libelous; or
Comments or
other materials that infringe any party's trademark, trade secret, copyright or
other proprietary rights.
You
acknowledge that we are not responsible for any User Content posted in
connection any portion of the Services. We are merely providing access to the
Services and User Content as a service to our users to be used in accordance
with these Terms. With respect to any User Content posted by other users, such
users are solely responsible for the User Content they post, including, without
limitation, the reliability, accuracy, and truthfulness of any such User
Content. Similarly, we have no control over whether such User Content is of a
nature that other users might find offensive, distasteful, or otherwise
unacceptable and, accordingly, we expressly disclaim any responsibility for any
User Content. Just as when you view content in any other setting, you should
exercise appropriate discretion, good judgment, and caution in accessing User
Content in the Services and in taking any actions based upon such User Content.
Accordingly, you will bear all risks associated with any such User Content that
you access or use.
Anvio Hungary
may or may not regulate User Content and provides no representations or guarantees
regarding the accuracy, quality, or integrity of any User Content posted via
the Service. By using the Service you acknowledge and accept that you may be
exposed to material you find offensive or objectionable. You agree that Anvio Hungary will not under any circumstances be responsible or liable for any User
Content, including, but not limited to, errors in any User Content or any loss
or damage incurred by use of the User Content or for any failure to or delay in
removing User Content.
Anvio Hungary
reserves the right (but shall at no time be obligated) to, in its sole
discretion, remove, block, edit, move, disable or permanently delete User
Content from the Service with or without notice for any reason whatsoever and
we may monitor and/or record your interaction with the Service or
communications (including without limitation chat text and voice
communications) when you are using the Service. You hereby agree that, to the
maximum extent permitted by applicable law, Anvio Hungary shall at no time be
responsible or held liable for the removal, modification or blocking of
material or User Content that may be considered offensive and shall at no time
be obligated to effect such removal other than under applicable law.
If you are
aware of any User Content posted in connection with the Services which violates
the Anvio Hungary’s Terms, please contact us at magiccasino@anvio.com or
submit a ticket via the applicable support channel of the game. Please provide
as much detail as possible, including a copy of the underlying material, the
location where we may find it, and the reason such User Content should be
removed. Please note that filing a complaint will not guarantee its removal. We
only will remove User Content if we believe the measure is necessary, in our
sole discretion. To the extent any notice is based on an alleged copyright
violation, please follow the instructions set forth in the section entitled
"Copyright Notices". Although we may attempt to monitor User Content,
in no event do we assume any particular obligation to do so or liability for
failing to either monitor the application or remove specific User Content.
Communication
Channels
The Service
may provide communication channels such as but not limited to fan pages,
forums, blogs communities, or chat areas ("Communication Channels")
designed to enable you to communicate with other Service users and post User
Content, including your feedback, questions, suggestions, ideas, submissions,
observations and comments on designated topics. Anvio Hungary cannot guarantee
that other members will not use the ideas and information that you share.
Therefore, if you have an idea or information that you would like to keep
confidential and/or don’t want others to use, do not post it on the Service. Anvio Hungary shall have no responsibility to evaluate or use any ideas or information
you may choose to submit and such data shall be treated as non-confidential and
non-proprietary. Anvio Hungary is under no obligation to monitor these
communication channels but may do so, and reserves the right to review
materials posted to the Communication Channels and to remove any materials, at
any time, with or without notice for any reason, at its sole discretion.Anvio Hungary may also terminate or suspend your access to any Communication Channels
at any time, without notice, for any reason. You acknowledge that chats,
postings, or materials posted by users on the Communication Channels are
neither endorsed nor controlled by Anvio Hungary, and these communications
should not be considered reviewed or approved by Anvio Hungary. You will be
solely responsible for your activities within the Communication Channels and
under no circumstances will Anvio Hungary be liable for any activity within the
Communication Channels. You agree that Anvio Hungary may use, sell, exploit and
disclose the comments, feedback, suggestions, concepts, ideas, know-how or
techniques contained in any communications you provide in any manner, for any
purpose whatsoever, commercial or otherwise, without restriction, without attribution
and without compensation to you. You agree that all your communications within
the Communication Channels are public, and you have no expectation of privacy
regarding your use of the Communication Channels. Anvio Hungary is not
responsible for information that you choose to share on the Communication
Channels, or for the actions of other users, including without limitations,
member’s misuse or misappropriation of any content or information you post in
any Communication Channels. If you become aware of misuse of the Service by any
person, please contact us at magiccasino@anvio.com or submit a ticket
via the applicable support channel of the game. Your information, and the
contents of all of your online communications (including without limitation
chat text, voice communications, IP addresses and your personal information) may
be disclosed: (i) when we have a good faith belief that we are required to
disclose the information in response to legal process (for example, a court
order, search warrant or subpoena); (ii) to satisfy any applicable laws or
regulations (iii) where we believe that the Service is being used in the
commission of a crime, including to report such criminal activity or to
exchange information with other companies and organizations for the purposes of
fraud protection and credit risk reduction; (iv) when we have a good faith
belief that there is an emergency that poses a threat to the health and/or
safety of you, another person or the public generally; and (v) in order to
protect the rights or property of Anvio Hungary, including to enforce our Terms.
By entering into these Terms, you hereby provide your irrevocable consent to
such monitoring, recording access and disclosure.
You are
solely responsible for your interactions with other users of the Service and
any other parties with whom you interact through the Service and/or Anvio Hungary games. Anvio Hungary reserves the right, but has no obligation, to become
involved in any way with these disputes. If you have a dispute with one or more
users, you release and hereby agree to indemnify us (and our officers,
directors, agents, subsidiaries, joint ventures and employees) from claims,
demands and damages (actual and consequential) of every kind and nature, known
and unknown, arising out of or in any way connected with such disputes,
including damages for loss of profits, goodwill, use or data.
In order to
encourage users to succeed in our game, we may publish data relating to the
most successful users in the game according to various categories of users and
statistics, as set upon our sole discretion. We may publish such statistics
pertaining to successful users and create informal competitions between various
categories of users in a manner which shall be accessible to all users of the
game.
Virtual
Currencies and Goods
There is
never any requirement to make any purchase of any kind to use the Service. The
Service may include an opportunity to earn or purchase virtual, in-game
currency, including but not limited to virtual coins, points, credits, bonuses
or chips all for use in the Service ("Coins") or virtual in-game
items or collections (together with the Coins, “Virtual Items” ). A certain
number of Coins will be made available to you to collect when you log into the
Service at recurring time intervals. If you exhaust your supply of Coins, you
may elect to purchase additional Coins and continue to play the games through
the Service or you may wait until additional free Coins are available to you.
Coins and other Virtual Items are licensed to you by us for your use through
the Service, subject to the limitations and other terms set out in greater
detail below.
If you wish
to purchase Coins or other Virtual Items you will be required to pay a fee
using “real world” money to obtain the Virtual Items. Virtual Items can never
be redeemed or cashed out for “real world” money, goods, or any other item of
monetary value from Anvio Hungary or any other party. You understand that you
have no right or title in the Virtual Items appearing or originating in any Anvio Hungary game, whether “earned” in a game or “purchased” from Anvio Hungary, or
any other attributes associated with an Account or stored on the Service. Your
purchase of Virtual Items is final and is not refundable, transferable or
exchangeable, except in Anvio Hungary's sole discretion. You may not transfer,
purchase, sell, or exchange Virtual Items outside the Service, or attempt to
sell, give or trade in the "real world" anything that appears or
originates in the Service unless otherwise expressly authorized by Anvio Hungary
in writing. We won’t recognize those transfers as legitimate. Accordingly, you
may not sublicense, trade, sell or attempt to sell in-game Virtual Items for
"real" money, or exchange Virtual Items for value of any kind outside
of a game, without Anvio Hungary’s written permission. Doing so is a violation
of these Terms and may result in termination of your Account and/or legal
action taken against you, any such transfer or attempted transfer is prohibited
and void. Other than a limited, personal, revocable, non-transferable,
non-sublicense able license to use the Virtual Items with the Services, you
have no right or title in or to any such Virtual Items appearing or originating
with the Services, or any other attributes associated with use of the Services
or stored within the Services. Anvio Hungary retains the right to manage,
regulate, control, modify and/or eliminate Virtual Items at its sole
discretion, and Anvio Hungary shall have no liability to you or anyone for the
exercise of such rights. Prices and availability of Virtual Items are subject
to change without notice. In addition to the foregoing, Anvio Hungary may
selectively remove or revoke Virtual Items associated with your Account upon
its sole discretion.
Virtual
Items may only be held by legal residents of countries where access to and use
of the Services are permitted. Virtual Items may only be purchased or acquired
from us and through means we provide on the applicable website or otherwise
expressly authorize. Anvio Hungary does not recognize any purchases or transfers
made outside of the Service on any other platform or e-commerce website, and
shall not be liable for any claims or damages caused to the users with respect
to Virtual Items purchased or obtained from third parties, and not through the
means provided within the game. We reserve the right to refuse your request to
purchase and/or acquire Virtual Items for any reason or revise the pricing for
the Virtual Items at any time. You can get a limited license to Virtual Items
by visiting the purchase page in one of our games, providing your billing
information, confirming the particulars of your purchase and re-affirming your
agreement to these Terms. Virtual Items purchased in our games on other applications
stores or platforms such as but not limited to Apple iOS, or Android
will be subject to those platforms’ payment terms and conditions. Anvio Hungary
does not control how you can pay on those platforms and shall not be liable for
processing the payment by such third parties. Please review those platforms’
terms of service for additional information. Your order for Virtual Items will
represent an offer to us to obtain a limited license for the relevant
service(s) or virtual in-game item(s) which will be accepted by us when we make
the Virtual Items available in your account for you to use in our games or
debit your credit card or other account through which you paid, whichever comes
first. Your limited license to Virtual Items for use in Anvio Hungary games is a
service provided by Anvio Hungary that starts when we accept your payment or
redemption of third party virtual currency. When you get a limited license to
use Virtual Items, they will reside in your Account until discharged through
use of the Service or otherwise surrendered as a result of termination of the
Services in accordance with these Terms. When purchasing Virtual Items or other
content as may be made available, you agree to pay us the applicable charges
for your purchase, including applicable taxes incurred by you or anyone using
an Account registered to you, using a valid charge card or other payment method
we may accept in accordance with the billing terms and prices in effect at the
time the fee or charge becomes payable. All sales of Virtual Items and/or other
content are final. If your Account is charged for items you did not purchase,
or you did not receive the items you purchased, or you were charged an
incorrect amount, you may request a refund or correction in accordance to payment
provider policy. Any refund request must be received within 96 hours from the
time of purchase in order for refunds to be issued in accordance to payment
provider policy. Refund requests past 96 hours from time of purchase will be
honored according only in accordance to our payment policy. Other than charges
to your Account, you agree to notify us about any billing problems or
discrepancies within 30 days after they first appear on your Account statement.
If you do not bring them to our attention within 30 days, you agree that you
waive your right to dispute such problems or discrepancies. You are responsible
for and agree to reimburse us for all reversals, charge-backs, claims, fees,
fines, penalties and other liability incurred by us (including costs and
related expenses) that were caused by or arising out of payments that you
authorized or accepted. You understand that we may suspend or terminate your
Account if for any reason a charge you authorize us to make to your credit card
or other method of payment cannot be processed or is returned to us unpaid and,
if such event occurs, you shall immediately remit to us payment for such charge
through an alternative payment method. You acknowledge that Anvio Hungary is not
required to provide a refund for any other reason, and that you will not
receive money or other compensation for unused virtual items when an Account is
closed, whether such closure was voluntary or involuntary, or whether you made
a payment applications stores or another platform such as but not limited to
Apple, Google, or any other sites or platforms where we offer our
Services. All Virtual Items are forfeited if your Account is terminated or
suspended for any reason, in Anvio Hungary's sole and absolute discretion, or if
the Services are no longer available. If your Account, or a particular
subscription for the Service associated with your Account, is terminated,
suspended and/or if any Virtual Items are selectively removed or revoked from
your Account, no refund will be granted, no Virtual Items will be credited to
you or converted to cash or other forms of reimbursement.
Rules of
Conduct and Usage
You
represent and warrant that you have full right and authority to use the
Services and to be bound by the Anvio Hungary’s Terms. You agree that you will
comply fully with all applicable laws, regulations, statutes, ordinances, and
the Anvio Hungary’s Termsþ.
You
undertake that you shall not defraud, or attempt to defraud, Anvio Hungary or
other users, and that you shall not act in bad faith in your use of the
Service. If Anvio Hungary determines that you do act in bad faith in violation
of the Anvio Hungary’s Terms, or if Anvio Hungary determines that your actions
fall outside of reasonable community standards, Anvio Hungary may, at its sole
discretion, terminate your Account and prohibit you from using the Service.
You agree
that your use of the Service shall be lawful and that you will comply with the
usage rules and Infractions Terms. In furtherance of the foregoing, and as an example
and not as a limitation, you agree that you shall not:
Create an
Account or access the Service if you are under the age of 21;
Upload,
post, transmit or otherwise disseminate material or information that is vulgar,
violent, indecent, obscene, pornographic, sexual contains nudity, excessive
violence or that is, in a reasonable person's view, otherwise offensive or
objectionable subject matter or that contains a link to such content;
Libel,
ridicule, defame, mock, disparage, stalk, intimidate, threaten, harass, harm,
advocate, incite harassment, or abuse another person, group, Anvio Hungary’s
employees, including Anvio Hungary’s customer service representatives,
hatefully, racially, religiously, ethnically or in any other manner;
Upload or
transmit (or attempt to upload or transmit) files that contain viruses, Trojan
horses, worms, time bombs, cancelbots, RATs, keyboard loggers, spyware, adware,
or any other malicious or invasive code or program, corrupted files or data, or
any other similar software or programs that may damage the operation of the
Service or the computers of other users of the Service;
Advertise,
solicit or transmit any commercial advertisements or unauthorized
communications through the Service, including chain letters, junk e-mail or repetitive
messages (spim or spam) and any materials that promote malware, spyware and
downloadable items to anyone;
Violate the
contractual, personal, intellectual property or other rights of any party
including by using, uploading, transmitting, distributing, or otherwise making
available any information or material made available through the Service in any
manner that infringes any copyright, trademark, patent, trade secret, or other
right of any party (including rights of privacy or publicity);
Create false
personas, multiple identities, multiple user accounts, set up an Account on
behalf of someone other than yourself, use bots or other automated software
programs to defraud or which otherwise violate the Anvio Hungary’s Terms and/or
the terms of service of any third-party applications or social networks through
which the Service is accessed;
Attempt to
obtain or reveal passwords or other private information from other members
including personally identifiable information (whether in text, image or video
form), identification documents, financial information or any information that
may be sued to track, contact or impersonate another individual, including
without limitation, other users and Anvio Hungary’s employees;
Upload or
transmit (or attempt to upload or to transmit), without Anvio Hungary’s express
permission, 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");
Improperly
use support channels to make false reports to Anvio Hungary or using profane and
abusive language in your communications with our support personnel;
Use the
Service in order to design, assist, develop, distribute, use, or publicly
inform other members of "auto" software programs, "macro"
software programs, "cheat utility" software programs or applications,
hacks, mods or any other unauthorized third party software designed to allow
the user to cheat or obtain an unintended advantage while using the Services or
modify or interfere with the Service or any Anvio Hungary game experience,
including, without limitation, enabling unauthorized activity related to Users’
balances;
Exploit,
distribute or publicly inform other members of any game error, miscue, bug or
technical malfunction which gives an unintended advantage, including but not
limited to accessing one time promotions more than once;
Deal with
Virtual Items in a manner that violates these Terms, including transferring
Virtual Items to other individuals, parties, or entities, selling or re-selling
Virtual Items or fraudulently obtaining or acquiring Virtual Items or other
products or services;
Rent, lease,
sell, trade, gift, bequeath or otherwise transfer or share your Account to
anyone without Anvio Hungary’s written permission;
Access or
use an Account which has been rented, leased, sold, traded, gifted, bequeathed,
or otherwise transferred from the Account creator without Anvio Hungary’s
written permission;
Engage in
any fraudulent activity with respect to payment methods or advertiser tracking
mechanisms;
Use the
Service, intentionally or unintentionally, in connection with any violation of
any applicable laws or regulations, or encourage or promote the violation of
any applicable law or regulation or any illegal activity including, but not
limited to, defamation, invasion of privacy, identity theft, hacking, cracking
or distribution of counterfeit software, or cheats or hacks for the Service;
Attempt to
use the Service on or through any service that is not authorized by Anvio Hungary.
Any such use is at your own risk and may subject you to additional or different
terms. Anvio Hungary takes no responsibility for your use of the Service through
any service that is not authorized by it;
Collect,
harvest, post or communicate any person's real-world personal information or
private information, including personally identifiable information (whether in
text, image or video form), identification documents, or financial information
through the Service;
Attempt to
interfere with, hack into or decipher any transmissions to or from the servers
for the Service;
Interfere
with the ability of others to enjoy using the Service or any Anvio Hungary game,
including disrupt, overburden, assist or aid in the disruption or overburdening
of any computer or server used to offer or support the Service or any Anvio Hungary game environment, or take actions that interfere with or materially
increase the cost to provide the Service for the enjoyment of all its users;
Engage in
any act that Anvio Hungary deems to be in conflict with the spirit or intent of
the Service, including but not limited to circumventing or manipulating the Anvio Hungary’s Terms, our game rules, game mechanics or policies;
Without Anvio Hungary’s express written consent, modify or cause to be modified any files,
codes, or any other component which is part of the Service;
Institute,
assist or become involved in any type of attack, including without limitation
distribution of a virus, denial of service attacks upon the Service, or other
attempts to disrupt the Service or any other person’s use or enjoyment of the
Service;
Attempt to
gain unauthorized access to the Service, Accounts registered to others or to
the computers, servers, or networks connected to the Service by any means other
than the user interface provided by Anvio Hungary, 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 Service;
Use the
Service or any part thereof for performing in-game services, such as
power-leveling and item collection services, in exchange for payment outside
the Service;
Interfere or
attempt to interfere with the proper functioning of the Service or connect to
or use the Service in any way not expressly permitted by these Terms;
Use any
unauthorized third party software that accesses, intercepts, "mines",
or otherwise collects information from or through the Service or that is in
transit from or to the Service, including, without limitation, any software
that reads areas of RAM or streams of network traffic used by the Service to
store information about Anvio Hungary game characters, elements, or environment.
Anvio Hungary may, at its sole and absolute discretion, allow the use of certain
third party user interfaces;
Intercept,
examine or otherwise observe any proprietary communications protocol used by a
client, a server, or the Service, whether through the use of a network
analyzer, packet sniffer or other device;
Make any
automated use of the system, or take any action that imposes or may impose (in
our sole discretion) an unreasonable or disproportionately large load on our
infrastructure;
Bypass any
robot exclusion headers or other measures we employ to restrict access to the
Service or use any software, technology, or device to send content or messages,
scrape, spider, or crawl the Service, or harvest or manipulate data;
Use,
facilitate, create, or maintain any unauthorized connection to the Service,
including without limitation: (i) any connection to any unauthorized server
that emulates, or attempts to emulate any part of the Service; or (ii) any
connection using programs, tools, or software not expressly approved by Anvio Hungary;
Except where
permitted by law or relevant open source licenses, reverse engineer, decompile,
disassemble, decipher, modify or otherwise attempt to derive the object code or
source code for any underlying software or other intellectual property used to
provide the Service, or to obtain any information from the Service using any
method not expressly permitted by Anvio Hungary;
Copy, modify
or distribute rights or content from any Anvio Hungary site or game, or Anvio Hungary’s copyrights or trademarks or use any method to copy or distribute the
content of the Service except as specifically allowed in these Terms;
Solicit or
attempt to solicit personal information from other users of the Service;
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 and User Content;
or
Copy or
adapt the Service’s software including but not limited to Flash, PHP, HTML,
JavaScript or other code.
Use any
automatic machine to operate Anvio Hungary Client Software or use any other Anvio Hungary software, other than the Anvio Hungary Client Software.
Use the Anvio Hungary Server API with any software other than the Anvio Hungary Client
Software.
Any use of
the Service in violation of these Rules of Conduct and Usage is strictly
prohibited, can result in the immediate revocation of your limited license granted
hereunder and termination of your Account; and may subject you to any criminal
and financial liability for violation of criminal and civil laws.
Intellectual
Property (IP) Ownership
Anvio Hungary
retains all rights in the Service materials (including, but not limited to, any
games, applications, software, titles, computer code, themes, objects,
characters, character names, animations, stories, dialogue, catch phrases,
concepts, artwork, designs, graphics, fonts, texts, information, pictures,
video, sound, music, musical compositions, audio-visual effects, methods of
operation, moral rights, documentation, in-game chat transcripts, character
profile information, personalized avatar, recordings of games played and other
files, and their selection and arrangement) (collectively, “Service Materials”)
are copyrighted works owned, controlled or licensed by Anvio Hungary. The entire
contents of the Service are protected by applicable copyright, trade dress,
patent, and trademark laws, international conventions, and other laws
protecting intellectual property and related proprietary rights. Anvio Hungary
reserves all rights, including without limitation, all intellectual property
rights or other proprietary rights, in connection with the Service and Anvio Hungary’s names, logos, trademarks, brands or service marks (“Trademarks”) used
with the Service and are owned or licensed by Anvio Hungary. You may only use
the Service Materials in connection with your use of the Services for personal,
noncommercial, entertainment purposes. The Service Materials may not be used by
you in any other manner, or for any purpose, without our express written
permission and/or the consent of any third party we deem necessary, except as
provided for herein. Any unauthorized use by you of the Service Materials may
violate copyright laws, trademark laws, the laws of privacy and publicity, and
other applicable regulations and statutes.
You shall
not, nor shall you cause any other party to modify, decompile, disassemble,
reverse engineer, reverse assemble or otherwise attempt to discover any source
code, copy, transfer, create derivative works from, assign, rent, sub-license,
distribute, reproduce framed, republish, scrape, download, display, transmit,
post, grant a security interest, lease or sell in any form or by any means, in
whole or in part, use for any purpose other than for using the Service pursuant
to these Terms or otherwise exploit any of the Service Materials without Anvio Hungary's explicit, prior written permission. The foregoing shall not apply to
your own User Content that you post through the Service in accordance with
these Terms. Anything you transmit or post may be used by Anvio Hungary for any
purpose, including, but not limited to, reproduction, disclosure, transmission,
publication, broadcast and posting. Furthermore, Anvio Hungary is free to use
any ideas, concepts, know-how or techniques contained in any communication you
send to Anvio Hungary for any purpose whatsoever including, but not limited to,
developing, manufacturing and marketing products using such information,
without any compensation to you. All other uses of copyrighted or trade mark
material, including any derivative use, require explicit, prior written
permission from Anvio Hungary. Any reproduction or redistribution of materials
not in accordance with these Terms is explicitly prohibited and may result in
the termination of your Account as well as severe civil and criminal penalties.
Nothing contained in the Services should be construed as granting by implication,
estoppel, or otherwise, any license or right to use any such Trademarks or
Service Materials without our written consent.
Anvio Hungary
and/or its licensors and affiliates own all right, title, and interest,
including copyrights and other intellectual property rights, in and to all the
Service Materials. You hereby acknowledge that you do not acquire any ownership
rights by using the Service or by accessing any of the Service Materials, or
rights to any derivative works thereof.
Copyrights
Notices
Anvio Hungary
respects the intellectual property of others, and we ask our users to do the
same. If you are the owner of a United States copyright and you believe that
your work has been copied in the Services in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise
violated, please provide our Copyright Agent the following information:
a physical
signature of the person authorized to act on behalf of the owner of the
copyright or other intellectual property interest;
a
description of the copyrighted work or other intellectual property that you
claim has been infringed;
a
description of where the material that you claim is infringing is located in
the Services;
your
address, telephone number, and email address;
a statement
by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent or the law; and
a statement
by you, made under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright or intellectual property
owner or authorized to act in the copyright or intellectual property owner's
behalf.
Our agent
for notice of claims of copyright or other intellectual property infringement
can be reached as follows:
By mail:
Anvio Hungary
Petofi Sandor str. 6, Nagyhodos, 4977, Hungary.
By email:
magiccasino@anvio.com
Anvio Hungary’s
policy to respond to notices of alleged copyright infringement that comply with
the Digital Millennium Copyright Act (“DMCA”) and similar or equivalent local
laws that may apply. Anvio Hungary reserves the right to terminate without
notice any user's access to the Service if that user is determined by Anvio Hungary, in its sole discretion, to be a "repeat infringer”. We do not have
to notify the player before we do this. In addition, Anvio Hungary accommodates
and does not interfere with standard technical measures used by copyright
owners to protect their materials.
Promotions,
Contests, Sweepstakes and Offers
From time to
time, we may offer limited time promotions, contests, sweepstakes and special
offers. Please review the official rules associated with such promotions. They
will apply in addition to these Terms.
In addition,
from time to time, we may promote features, programs, including offers,
excursions, and special gifts, both digital and tactile, that Anvio Hungary may
offer from time to time to all or to certain eligible players (“Offers”). We
are not required to give, and players are not required to accept, any Offer.
Offers are not transferable, redeemable or exchangeable for other things of
value, except at our sole discretion. If you accept any Offer, you may have to
sign a declaration of eligibility and liability release, or sign other
paperwork in order to get the Offer. Some Offers will be subject to taxes and
other charges, travel, or activities outside of the virtual world, all of which
will be disclosed before you accept the offer. If you accept an Offer you also
assume all liability associated with the Offer. Sometimes, we may request your
feedback on certain features through a promotion or our customer insights
program. Any feedback you provide at our request through a promotion or program
is subject to the rules of the specific promotion or program. All Offers are
governed by the official rules, unless different official rules were provided
and published by Anvio Hungary for any specific Offer.
You hereby
agree and acknowledge that the acceptance of any Offer or participation in any
promotion, constitutes your consent to Anvio Hungary’s use of your name,
likeness, photograph, voice, opinions, hometown, state and/or province for Anvio Hungary’s purposes, at its sole discretion in any media, worldwide, without
further payment or consideration.
Third Party
Websites and Advertising
You
understand that the Service and Anvio Hungary games may feature advertisements
from Anvio Hungary or third parties. Anvio Hungary's disclosure of information
for third party advertising is addressed in Anvio Hungary's Privacy Policy. Anvio Hungary may provide links in our games or on the Service to third party websites
or vendors who may invite you to participate in a promotional offer in return
for receiving some feature of the Service and/or upgrades (such as in-game
currency). Any charges or obligations you incur in your dealings with these
third parties are your responsibility. Anvio Hungary makes no representation or
warranty regarding any content, goods and/or services provided by any third
party even if linked to from our Service or games, and will not be liable for
any claim relating to any third party content, goods and/or services. The
linked sites are not under the control of Anvio Hungary and may collect data or
solicit personal information from you, or they may automatically collect information
from you. When you use other companies’ services like these, the other
company’s service may (or may not) ask you for permission to access your
information and content. Anvio Hungary is not responsible for their content,
business practices or privacy policies, or for the collection, use, share or
disclosure of any information those sites may collect from you. Your
relationship with that other company will control how it can use, store, and
share your information. Further, the inclusion of any link does not imply
endorsement by Anvio Hungary of these linked sites. We are not, directly or
indirectly, implying any approval, association, sponsorship, endorsement, or
affiliation with the linked site, unless specifically stated therein. By
accessing, using or downloading the Services, you acknowledge and agree that we
have not reviewed all the web sites linked to the Services. Your linking to any
other off-site pages or other sites is at your own risk.
Privacy
Policy
Use of the
Service is also governed by Anvio Hungary's Privacy Policy. Your privacy is
important to us. We designed Anvio Hungary's Privacy Policy to make important
disclosures about how we collect and use your content and information about you
and your computer or mobile device, and how you can use the Service to share
such information with others. We encourage you to read the Anvio Hungary’s
Privacy Policy carefully and use it to make informed decisions. By creating an
Account or accessing or using the Service you accept and agree to be bound by
these Terms and consent to the collection, use and storage of your information
as outlined in Anvio Hungary’s Privacy Policy. In addition to the information we
collect as described above and in Anvio Hungary’s Privacy Policy, the games
offered through the Services may include information related to your game play
and your level in the game and such information may be visible to other Users.
If you don’t agree with our Terms or Privacy Policy, then you must stop using
the Services.
Disclaimer
of Warranty; Limitation of Liability
By
accessing, using or downloading the Services you acknowledge and agree that
your use of the Service, in whole and in part (including, without limitation,
all content, and user materials), shall be at your sole risk and is provided on
an "as is" basis. To the fullest extent permitted by law, Anvio Hungary, affiliates or subsidiaries, or any of their its officers, directors,
employees, contractors, partners and agents disclaim all warranties, conditions
or other terms of any kind, either explicit or implied, in connection with the
Service and your use thereof, including, but not limited to, implied warranties
of merchantability, title, quiet enjoyment, fitness for a particular purpose or
non-infringement, usefulness, authority, accuracy, completeness, and
timeliness. Anvio Hungary makes no warranties or representations about the
accuracy or completeness of the content of the Service or the content of any
sites linked to the Service or that the Service will be uninterrupted or
error-free and assume no liability or responsibility for any:
(i) Errors,
defects, mistakes, or inaccuracies of content;
(ii)
Personal injury or property damage, of any nature whatsoever, resulting from
your access to and use of the Service;
(iii) Any
unauthorized access to or use of Anvio Hungary’s secure servers and/or any and
all personal information and/or financial information stored therein;
(iv) Any
interruption or cessation of transmission to or from the Service;
(v) Any
bugs, viruses, harmful components, trojan horses, or the like which may be
transmitted to or through the Service by any third party;
(vi) Any
errors or omissions in any content or for any loss or damage of any kind
incurred as a result of the use of any content posted, emailed, transmitted, or
otherwise made available via the Service; (vii) Human action or inaction of any
computer system, phone line, hardware, software or program malfunctions, or any
other errors, failures or delays in computer transmissions or network
connections on account of your access to or use of the Services; (viii)
Quality, accuracy, completeness and validity of any information or materials in
connection with the Services; or (ix) The Services will meet your requirements
or that transmissions or data will be secure.
In case of a
malfunction or disruption of the Services that prevents you from completing a
game in which you have begun to participate, Anvio Hungary may allow users to
participate again in a game until the participation is complete. Anvio Hungary
reserves the right to determine, in its sole discretion, whether it is
responsible for any such malfunction or disruption. Anvio Hungary also reserves
the right to limit your game play or terminate your participation in the
Services should Anvio Hungary determine, in its sole discretion, that you have
intentionally caused such a malfunction or disruption. Anvio Hungary is not
liable for any potential winnings or other lost opportunity from any unfinished
game. The games offered through the Services do not replicate the odds of
winning or the payouts of similar games found in casinos.
By accessing
or using the Services, you agree that Anvio Hungary is not responsible for any
damage, loss, or injury resulting from hacking, tampering, or other
unauthorized access or use of the Services. Any attempt to gain unauthorized
access to the Services, interfere with procedures or performance of the
Services, or deliberately damage or undermine the Services is subject to civil
and/or criminal prosecution and will result in immediate termination of your
participation and forfeiture of any prizes to which you are otherwise entitled.
Any attempt to access or use any portion of the Services by means of automatic,
macro, programmed, or similar methods, or to otherwise commit fraud with regard
to the Services, will result in civil and/or criminal prosecution, termination
of your participation, and forfeiture of all prizes to which you are otherwise
entitled.
In no event
will Anvio Hungary, its affiliates or subsidiaries, or any of their directors, officers,
agents, contractors, partners and employees, be liable to you or any third
party for: (i) any special, direct, indirect, incidental, special, punitive,
exemplary or consequential damages whatsoever or any other losses, costs, or
expenses of any kind including any lost profits, loss data or goodwill, legal
fees, expert fees, cost of procuring substitute services, lost opportunity, or
other disbursements arising, directly or indirectly, from your reliance on,
access to, use of, or inability to access or use, the Service or other
materials or content on, accessed through or downloaded from the Service, or
browsing of the Services or through your downloading of any materials, data,
text, images, video or audio from the Services; or (ii) for the conduct of
third parties, including other users of the Service and operators of external
sites. The risk of using the Service and external sites rests entirely with you
as does the risk of injury from the Service and external sites. 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, whether based on warranty,
breach of contract, tort (including negligence), or any other legal theory, and
whether or not Anvio Hungary has been advised of the possibility of these
damages. The foregoing limitation of liability shall apply to the fullest
extent permitted by law in the applicable jurisdiction. You specifically
acknowledge that Anvio Hungary shall not be liable for user submissions or
defamatory, offensive, or illegal conduct by any third party, including other
users of the Service and operators of external sites and that the risk of harm
or damage from the foregoing rests entirely with you.
To the
fullest extent permissible under applicable laws, under no circumstances will Anvio Hungary, its affiliates or subsidiaries, or any of their directors, officers,
agents, contractors, partners and employees be liable to you for more than the
amount you have paid Anvio Hungary in the ninety days (90) days immediately
preceding the date on which you first assert any such claim. You acknowledge
and agree that if you have not paid Anvio Hungary any amounts in the ninety days
(90) days immediately preceding the date on which you first assert any such
claim, your sole and exclusive remedy for any dispute with Anvio Hungary is to
stop using the Service and to cancel your account.
Some
jurisdictions do not allow the disclaimer or exclusion of certain warranties or
the limitation or exclusion of liability for certain types of damages.
Therefore, some of the above limitations in this Section may not apply to you.
In particular, nothing in these Terms shall affect the statutory rights of any
consumer or exclude or restrict any liability for death or personal injury
arising from any negligence or fraud of Anvio Hungary. In such jurisdictions,
our liability will be limited to the fullest extent permitted by applicable
law.
To the
fullest extent permitted by law, you agree to release, discharge, defend,
indemnify and hold Anvio Hungary, and each of its affiliates or subsidiaries, or
any of their directors, officers, agents, contractors, partners and employees,
harmless from and against any loss, liability, claim, demand, damages, costs
and expenses, including reasonable attorney's fees, arising out of or in
connection with:
(i) Your use
or misuse of and access to the Service;
(ii) Your violation
of any term of the Anvio Hungary’s Terms; (iii) Your breach of the
representations, warranties, and covenants made herein;
(iv) Your
violation of any third party right, including without limitation any copyright,
property, or privacy right;
(v) Any claim
that a user submissions made by you has caused damage to a third party; or
(vi) Any
User Content you post or share on or through the Service.
Anvio Hungary
reserves the right, at your expense, to assume the exclusive defense and
control of any matter for which you are required to indemnify Anvio Hungary, and
you agree to cooperate with Anvio Hungary’s defense of these claims. Anvio Hungary will use reasonable efforts to notify you of any such claim, action, or
proceeding upon becoming aware of it.
You agree
that the provisions in this paragraph will survive any termination of your
Account(s) or of the Service.
Governing
Law & Venue for Disputes
These Terms
and any dispute arising out of or related to it or the Service shall be
governed in all respects by the laws of the Hungary, without regard
to principles of conflict or choice of laws and regardless of your location.
You agree that any claim or dispute between you and Anvio Hungary that arises in
whole or in part from these Terms or your use of the Service shall be resolved
exclusively by the courts of competent jurisdiction located in Nagyhodos, and you
hereby consent to, and waive all defenses of lack of personal jurisdiction and
forum non convenience with respect to venue and jurisdiction in the courts of Nagyhodos.
YOU AND Anvio Hungary AGREE THAT ANY CAUSE OF ACTION REGARDLESS OF FORM, ARISING
OUT OF OR RELATED TO THE SERVICE OR THE TERMS MUST COMMENCE WITHIN ONE (1) YEAR
AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
BARRED.
General
You are
subject to all laws of the geography in which you reside and from which you
access the Services and are solely responsible for obeying those laws. You
agree Anvio Hungary cannot be held liable if laws applicable to you restrict or
prohibit your participation. Anvio Hungary makes no representations or
warranties, implicit or explicit, as to your legal right to access or
participate in the Services nor shall any person affiliated, or claiming
affiliation, with Anvio Hungary have authority to make any such representations
or warranties. Anvio Hungary reserves the right to monitor the location from
which you access the Services and to block access from any jurisdiction in
which participation is illegal or restricted.
The Anvio Hungary’s Terms constitute the entire agreement between you and Anvio Hungary
relating to the subject matter hereof, and (except in the case of fraud or made
a fraudulent misstatement) supersede all prior understandings of the parties
relating to the subject matter hereof, whether those prior understandings were
electronic, oral or written, or whether established by custom, practice, policy
or precedent, between you and us. The Anvio Hungary’s Terms cannot be modified
on an individual basis by any person affiliated, or claiming affiliation, with Anvio Hungary. Nothing in this subsection will prevent Anvio Hungary from modifying the
Anvio Hungary’s Terms.
You and Anvio Hungary agree that if any portion of the Anvio Hungary’s Terms is found illegal
or unenforceable, in whole or in part by any court of competent jurisdiction,
such provision shall, as to such jurisdiction, be ineffective solely to the
extent of such determination of invalidity or unenforceability without
affecting the validity or enforceability thereof in any other manner or
jurisdiction and without affecting the remaining provisions of the Anvio Hungary’s
Terms, which shall continue to be in full force and effect.
Anvio Hungary
may assign or delegate the Anvio Hungary’s Terms, in whole or in part, to any
person or entity at any time with or without your consent. You may not assign
or delegate any rights or obligations under the Anvio Hungary’s Terms without Anvio Hungary’s prior written consent, and any unauthorized assignment and delegation
by you is void and ineffective.
The failure
of Anvio Hungary to require or enforce strict performance by you of any
provision of the Anvio Hungary’s Terms or failure to exercise any right under
them shall not be construed as a waiver or relinquishment of Anvio Hungary's
right to assert or rely upon any such provision or right in that or any other
instance. The express waiver by Anvio Hungary of any provision, condition, or
requirement of the Anvio Hungary’s Terms shall 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 these Terms, no
representations, statements, consents, waivers, or other acts or omissions by Anvio Hungary shall be deemed a modification of these Terms nor be legally binding,
unless documented in physical writing, hand signed by you and a duly appointed
officer of Anvio Hungary.
You
acknowledge that the rights granted and obligations made under the Anvio Hungary’s
Terms to Anvio Hungary are of a unique and irreplaceable nature, the loss of
which shall irreparably harm Anvio Hungary and which cannot be replaced by
monetary damages alone. Accordingly, Anvio Hungary shall be entitled to
injunctive or other equitable relief (without the obligations of posting any
bond or surety or proof of damages) in the event of any breach or anticipatory
breach by you. You irrevocably waive all rights to seek injunctive or other
equitable relief, or to enjoin or restrain the operation of the Service or any Anvio Hungary game, exploitation of any advertising or other materials issued in
connection therewith, or exploitation of the Service or any content or other
material used or displayed through the Service and agree to limit your claims
to claims for monetary damages, limited by Section “Limitation of Liability”
set forth above (if any).
The headings
titles in these Terms are provided solely for convenience and have no legal or
contractual significance.
Anvio Hungary
shall not be liable for any delay or failure to perform resulting from causes
outside the reasonable control of Anvio Hungary, including without limitation
any failure to perform hereunder due to unforeseen circumstances or cause
beyond Anvio Hungary’s control such as acts of war, terrorism, riots, embargoes,
acts of civil or military authorities, fire, floods, accidents, network
infrastructure failures, strikes, or shortages of transportation facilities,
fuel, energy, labor or materials.
We may
notify you via e-mail or any other communications means to contact information
you provide to us. All notices given by you or required from you under the Anvio Hungary’s Terms shall be in writing and addressed to: Anvio Hungary, Petofi Sandor str. 6, Nagyhodos, 4977, Hungary. Any notices
that you provide without compliance with this Section on Notices shall have no
legal effect. If you have any questions regarding the Anvio Hungary’s Terms you
may contact us to the following address: magiccasino@anvio.com or submit a
ticket via the applicable support channel of the game.